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

THE SIXT BOOKE OF [ A] [ B] OR CONCERNING A COMMONVVEALE.

CHAP. I. ¶ Of Censuring or Reformation, and wheher it be expedient to inroll and number the subiects, and to force them to make a declaration, or giue a certificat of their priuate estates.

HItherto wee haue described at large the first part of the de∣finition [ C] of a commonweale: that is, the true gouerning of many families with absolute power, and that which de∣pends of the said definition. It remaynes now to speake of the second part: that is, of that which is common to an e∣state; and which consists in the managing of the treasure, rents, and reuennues, in taxes, imposts, coynes and other charges for the maintenance of a commonweale. And for the better vnderstanding hereof, let vs first treat of Censuring. Census in pro∣per tearmes is nothing else but a valuation of euery mans goods: and for that wee [ D] are to treat of reuenues, it is verie needfull to speake of censuring, and to shew, that of all the Magistrats of a commonweale, there are not many more necessary: and if the necessitie be apparant, the profit is farre greater, be it either to vnderstand the number and qualities of the citisens, or the valuation of euery mans goods; or else for the well gouerning and awing of the subiect. And calling to mind the farthest bounds of antiquity, I doe much wonder, how so goodly a charge, so profitable and so necessarie, hath bene laid aside so carelesly, seeing that all the ancient Greeks and Latines did vse it, some yearely (saith Aristotle) others from three, foure, or from fiue yeares to fiue yeares, making an estimation of euery mans wealth and priuate estate: whereof Demosthenes hauing made an abstract out of the publike registers, [ E] said (speaking vnto the people) that all the reuenues of the countrey of Attica did amount vnto threescore thousand talents, or thirtie six millions of crownes. Euen so the Romans (who did imitate the Grecians) could wel imbrace this custome, and bring it vnto Rome: for which cause king Seruius is much commended in histories. And although the people of Rome had disanulled and abolished all the edicts and ordinances of their kings, after they had expelled them, yet this law of censuring or surueying continued still, as the foundation of their treasure, imposts, and pub∣like charges, &c. was continued in the Consuls persons. But after that the Consuls were distract & drawne away for warlike imployments, they then created Censors,

threescore and six yeares after that the Consuls had executed it. L. Papirius, and [ F] L. Sempronius being the first that were called Censores, and they held the office fiue yeares: but ten yeares after L. Aemilius Mamercus limited the time of the Censors office to eighteene moneths. And soone after, this custome was followed by all the cities of Italy, and namely by the Roman Colonies, who brought their Registers and Inrollments to Rome. Afterwards this charge was still continued; and euen Caesar the Dictator tooke the paines to go from house to house to supply the Cen∣sors charge, although he called himselfe Magister morum, or Master of the manners. And as soone as the Emperour Augustus was returned to Rome, after his victorie a∣gainst Marc Anthonie, the Senate by a publike decree gaue him the office of Censor, calling him Prefectus morum, or Controller of manners, who thrice numbred the [ G] citisens of Rome, and valued euerie mans goods: and not onely of the Citisens of Rome, dispearsed throughout the whole empire, but of all the subiects of euerie prouince: And was there euer Emperour that left so goodly an estate of an empire, as he did?

Afterwards it was discontinued vnder the tyranny of Tiberius and Caligula, and reuiued againe by Claudius the Emperour, which made the 74 Lustre. It was left a∣gaine vnder Neron, and continued againe vnder Vespatian, who made the 75 Lustre: and then it left vnder the tyranny of Domitian, who called himselfe Perpetuall Censor, and yet made no suruey. A hundred and fiftie yeres after, or thereabouts, the Emperour Decius caused the Senate to declare Valerian Censor, with ample au∣thoritie. [ H] And since that this office was laid aside, the empire hath alwaies declined. True it is, that the Emperours of Greece did erect an office, which they called Magistrum Census, or The master of inrollments, who kept the publike registers con∣taining all testaments and publike acts, with the names and ages of euerie person; yet not with such dignity and power as the auntient Censors. But it is certaine, that all townes subiect to the Roman empire, had their Censors, euen vnder Traian the Emperour, and that the Senators of euerie •…•…owne were chosen by the Censors, as wee may read in an epistle written by Plinie they younger to the Emperour Traian. And (not to goe out of this realme) we read, that king Childebert, at the persuasion [ I] and instance of Marouëus Bishop of Poitiers, made an edict, commaunding all his subiects to be inrolled, and their goods to bee valued; the which is yet sometimes put in practise at Venice, Genes, and Luques, whereas there bee Censors created: and namely at Venice in the yeere 1566 they made three Magistrats to reforme the peoples manners, whom they called, I Seignori sopra il ben viuere de la citta: The Magistrats for the well liuing of the citisens: for that the name of Censor in a free citie abounding with all kind of delights, seemed harsh and seuere.

Few yeares before the creation of this Magistrat, hauing set forth my booke of the Method of Histories, I did therein much maruell, that in so great a number of officers, wherein the Venetians did exceed other cities, they had forgotten Censors, [ K] which were most necessarie. The commonweale of Geneue in stead of Censors haue deputed ten Antients, the which are chosen as magistrats, whereof foure are of the counsell of threescore, and six of the counsell of two hundred; which hold the subiects of that state in such awe, as few offences remaine vnpunished: so as with∣out doubt this commonweale will flourish, if not through armes and wealth, yet by their vertues and pietie, so long as they shall maintaine the authoritie of those Auntients. Whereby it doth plainely appeare, that the best and most flourishing cities could not long subsist without Censors: wherein many ignorant diuines a∣buse themselues, in thinking that Dauid was grieuously reprehended by God, and

punished, for that he commaunded his people should bee numbred; when as God [ A] commaunded Moyses the Emperour of the Israelites to doe it after their departure out of Fgypt, and againe before they entred into the land of promise; and not on∣ly to number them, but to note euerie family, and to take the name of euerie parti∣cular person before they had conquered anie thing, the which hee should leaue to posteritie: but the fault which Dauid committed, was in forgetting Gods com∣maundement, charging him, that when he did number the people euery one should offer vnto God two groats of siluer (as Ioseph hath verie well obserued) being com∣maunded in the text of the law, to exact that holy tribute for an expiation of their sinnes, so often as he should please to haue the people numbred: then he adds, Least a plague should be among the people. But in my opinion heerein was the greater [ B] offence, that the prince too arrogantly trusting more in the force of his legions, than in the power and helpe of the Almighty, did not number all his people, but those onely that were able to beare armes, omitting the tribe of Leui (which attended the sacrifice) and the tribe of Beniamin. And whereas the law commaunds euerie one to put halfe a sickle, or two siluer groats; that is done in my opinion, to abolish the impietie of the heathen, who taking the number of their subiects, offred a piece of siluer for euerie one vnto their gods: as also God commaunded they should sprinckle the bloud of the sacrifice aboue, and of eyther side of the altar, forbidding them expressely, not to offer any more bloud vnto their deuils, that he might call his people from the inhumane and hatefull worship of deuils. And it seemes that king [ C] Seruius had borowed this ceremony from the people of the East, when as hee com∣maunded a boxe to be set in Iuno Lucinas temple, into the which they put a denier for euerie one that was borne: and another in the temple of Iuuenta, where they did also put a denier for euerie one that had attayned to seuenteene yeres of age, at what time they put on a playne gowne without purple: and the third was in the tem∣ple of Venus Libitina, into the which they put a denier for euerie one that died: which custome continued inuiolable, euen when as the office of Censor was neg∣lected.

We read, that the Athenians were inrolled in the publike registers at the age of [ D] 14 yeeres, yet wee find no mention made of the tribute. But the numbring of the people which God commaunded to be made, was but of such as could cary armes, from 20 yeeres vpward; in the which it seemes that old men aboue 60 were not comprised, & yet they were found by pole to amount to six hundred thirtie thou∣sand fiue hundred and fifty, besides the tribe of Leui which made twentie two thou∣sand, from a moneth old vpward, which was in all six hundred fifty two thousand fiue hundred and fiftie. And fortie yeeres after the number was taken, when as all those which came forth were dead, except Moyses, Iosua, and Caleb, they were found to bee six hundred twentie foure thousand seuen hundred seuenty three, compre∣hending the Leuits, besides the women, slaues, old men, and youth vnder twentie [ E] yeres, which were at the least twice as many. But Titus Liuius speaking of the num∣ber of the citisens that were found in Rome, sayth in his third booke, Censa sunt ciui∣um capita 415 millia, preter orbos orbasque, the number of the citisens is 415000 be∣sides the blind. Florus in his 59 booke saith, Censa sunt ciuium capita 313 millia 823 preter pupillos & viduas, the citisens are numbred at 313823 besides widdowes and pupils. Fiue yeeres after he sayth, Censa sunt ciuium capita 390 millia 936, The num∣ber of the citisens is 390936. And in the following suruey, 394356. And in the next inrollment 450000 and in the other after that 150000. I omit the former surueyes, which are all greater than this last: but it seemes the Citisens of Rome were not

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

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

This appeared plainely, when as Pericles numbred the citisens of Athens, for the prerogatiues and priuiledges they had aboue strangers, where there were found thirteene thousand three hundred and sixty citisens, and fiue thousand strangers which carryed themselues as citisens, and were sould for slaues by a publicke de∣cree. Moreouer, to order and gouerne the bodies & colleges of citisens according

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

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

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

I omit a multitude of sutes touching successions, diuisions, and morgages, the [ G] which are concealed for the most part, and should bee made plaine by the registers without search, the which should ease the subiects charge, and preuent the falshood of witnesses. It may bee some will say vnto me, That it were a hard thing to expose the pouertie of some to be scorned, and the wealth of others to bee enuied. Behold the greatest argument that can bee obiected to hinder so good and commendable a thing. But I answere, That all enuy will cease against those whom they hold to bee rich and are not, and the mockerie against such as haue wealth and were held poore. And shall the enuie of the malicious, or the derision of the scorner, hinder so good and commendable a thing? Neuer wise prince nor good law-maker did regard en∣uie or scorne, when there is question of good lawes. Although this law (whereof [ H] question is made) concernes onely moueable goods and not lands. To say, that it is neither good nor comely to know priuate mens wealth or wants, the course, traffike and negotiation of marchants, which consists most commonly in bookes of credit, nor to lay open the secrets of families; I answere, that there are none but cooseners & deceiuers that are loth to haue their liues laid open, & their actions knowne: good men that feare not the light, will bee alwaies glad to haue their estates knowne, with their qualities, wealth and maner of liuing. An Architect said one day to Liuius Dru∣cius the Tribune, That he would make the lights of his house in such sort, as no man should ouer-looke him: To whom Drusus answered, I pray you make it in such sort [ I] as euery one may looke into it & see mine actions. Velleius Paterculus who writes the historie saith, that this man was sanctus & integer vitae, of a holy & vpright life. But the office of Censor is chiefly against the wicked: And in old times euery Roman kept a register of his actions and expences, and of all his goods: But vppon the de∣clining of the empire, when as vices began to spring vp, they neglected it, saith Asco∣nius, for that many were condemned by their registers. And I find not that euer a∣ny but tyrants theeues and bankerouts hated the office of Censor, and haue hindred all they could the valuation of goods, as I haue noted of Tiberius, Caligula, Nero, and Domitian. It is therefore a meere mockery, to pretend that this would bee a meanes [ K] for tyrants to oppresse their subiects with exactions: for there is no tyrant so cruell, but he wil more willingly take from the rich than from the poore; whereas for want of a Censor the poore are pinched, and the rich saue themselues. We also see that by the practises of the vsurers & the rich citisens of Rome, of six Censors chosen successiue∣ly in one yeare, not anie one could intend his charge: whereupon the Tribunes ma∣king their complaints before the people, said, That the Senatours feared the registers and publike informations, which discouered euerie mans estate, and their actiue and passiue debts, whereby they should find, that some of the Citisens were oppressed by the others, and ruined by the vsurers. And then the tribunes protested, that they would not suffer any debtour to bee adiudged to his creditors, nor inrolled to go to

the warres, vntill they had first seene a declaration of the debts, to the end they might [ A] prouide as they should find it needfull. Then did the debtors flocke together about the Tribune, to giue him ayd and assistaunce. Why should a good creditor feare to haue his debts and contracts viewed, or his lands (lawfully purchased) knowne? why should he hinder the knowledge of his goods, lawfully gotten by his industie and la∣bour? It shalbe alwaies honorable vnto him; and if he be an honest man, if he loues the preseruation of the common weale, and the reliefe of the poore, he will make no difficultie to giue a declaration of his goods for the reliefe of the publike, if need shall require. If he be wicked, if hee bee an vsurer, an extortioner, a publike theefe, and a obber of priuate men, he hath reason to oppose himselfe all he can, that his goods, his life, nor his actions may be knowne: but there is no reason to aske the vinteners [ B] aduice if they shall suppresse alehouses; or the strumpet, if they shall put downe the stues; nor of bankers, if they shall abolish vsurie; nor of the wicked, if they should haue Censors.

The auntient Greeks and Latines haue alwaies spoken of censuring, as of a diuine thing, the which hath alwayes preserued the greatnesse of the Roman empire so long as Censors were in credit. Titus Liuius speaking of king Seruius, who first ordained that euerie one should giue a certificate of his goods, saith, Censuminstituit rem salu∣berimam tanto imperio, He instituted the office of Censor, a wholesome thing for so great an empire. But after that Censors were created in the Consuls place, and that by little and little they began to take knowledge of the life and manners of euerie [ C] one, then began they to respect the Censors, and to reuerence them more than all o∣ther magistrats: whereof Titus Liuius saieth, Hic annus Censurae initium fuit, a par∣ua origine ortae, quae deinde incremento aucta est, vt morum disciplinae{que} Romanae penes eam regimen, Senatus, equitum{que} centuriae, decoris, dedecoris{que} discrimen sub ditione eius ma∣gistratus, publicorum ius, priuatorum{que} locorum vectigalia populi Romani sub nutu atque arbitrio essent, This yeare was the beginning of the Censors office, springing from a small matter, the which was afterwards so augmented, as hee controlled the man∣ners and discipline of the Romans, the assemblies of the Senate, and of knights, also the distinction of honour and infamie were subiect to this magistrat; and the publike [ D] rites, with the reuenues of priuat places belonging to the people of Rome, were cen∣sured by him. The Censors office then was to receiue the number of the persons, and the valuation of their goods, to be superintendant of the treasure, to farme out the imposts, customes, and all the reuenues of the commonweale, to reforme abuses, to place and displace Senatours, to dismisse the men at armes, and to censure the life and manners of euerie one. Plutarch speakes in a higher stile, tearming the office of Censor, Most sacred and mightie. It may be some will say, that the charge was ouer great: yet two Censors were sufficient in so great an empire. But their charges may be deuided: for to place and displace Senators, that charge was giuen vnto the Cen∣sors, to ease the people, saith Festus: the which could not be done in a monarchie, [ E] whereas the prince makes choyce of all magistrats, especially of his counsell. Yet it were necessarie, that the ouerseers of the treasure should be true Censors, that is, men without blame or reproch: for you must alwayes commit the purse to the most trustie, and the reformation of abuses to the most vpright. As for the reformation of abuses, it is the goodliest thing that euer was inuented in any commonweale, and it hath best maintained the greatnesse of that empire: •…•… for euen as the Censors were alwayes chosen out of the most vertuous men of the commonweale, so did they striue to conforme the subiects to the true patterne of honour and vertue. This was done from fiue yeres to fiue yeres: & after that they had setled the estate of

the treasure, and farmed out the reuenues. And if they discontinued this charge (as [ F] oftentimes it fell out by reason of the tediousnesse of the warres) then did it plainely appeare, that the people grew corrupted in manners, and that commonweale decli∣ned, like vnto a bodie which leaues his ordinarie purging: this was manifest during the second Punike warre, when as they had no time to attend that charge conueni∣ently, but as soone as Hannibal was retired into the territories of Naples, then the Censors (saith Titus Liuius) Ad mores hominum regendos animum aduerterunt, castigan∣daquè vitia▪ quae velut diutinos morbos aegra corpora ex sesegignunt, nata bello erant, The Censors applyed themselues to reforme mens maners, and to punish vices, the which had sprung vp by reason of the warres, as continuall feauers doe in sicke and corrupt bodies. And yet they dealt not with any abuses, but such as were not to be censured [ G] by the Iudges: for the magistrats and the people tooke knowledge of murthers, pa∣ricides, thefts, concussions, and such like crimes, the which are punished by the lawes. Is it not sufficient, will some one say, to punish crimes and offences by the law? My answere is, That the lawes punish those offences onely, which trouble the quiet of a commonweale: and yet the greatest offendors doe easily escape the punishment of the law, euen as great beasts do easily breake through the spiders web. And who is so ill aduised, as to measure honour and vertue by the lawes? Quis est (saith Seneca) qui se profitetur legibus omnibus innocentem? vt haec it a sit, auàm augusta est innocencia adle∣gem bonum esse: quanto latiùs patet officiornm quàm iuris regula? quàm multa pietas, [ H] humanitas, liberalitas, iusticia, fides exigunt, quae extra publicas tabulas sunt! What is he that professeth himselfe an innocent by all lawes? how strict is innocency, to bee good according to the lawe? how much larger are the rules of dutie than of law? how many things doe piety, humanity, liberalitie, iustice, and faith, challenge at our hands, the which are not inserted in the publike tables? It is manifest, that the most detestable vices, and that most corrupt a commonweale, are neuer called into iudge∣ment. Treacherie is not punished by the law, beeing one of the most abominable vices: But the Censors (saith Tully) were not so curious of any thing, as to punish periury. Drunkennesse, gaming, palliardise, and loosenesse of life, are suffered with all impunity; and who can redresse these disorders but the Censor? We see most com∣monweales [ I] swarme with vagabounds, idle persons, and ruffians, who by their deeds and examples corrupt good citisens; and there is no meane to expel this vermine, but by the Censor. There is yet one speciall reason which shewes that the Censors of∣fice is now more necessarie than euer: for that in old times the master of euery fami∣ly had absolute commaund, the father ouer his children, the master ouer his slaues had absolute power of life and death, without any appeale; and the husband had the like authority ouer the wife in foure cases, as wee haue shewed elsewhere: but all this now ceasing, what iustice may we expect of the impiety of children against their fathers and mothers? of the ill gouernment of maried couples? of the contempt of masters? How many virgins doe we see sold and dishonoured by the parents them∣selues, [ K] or that rather suffer them to liue loosly than to be maried, thinking it better to cast forth their children, or to kill them, than to nourish them? and how can all this be preuented but by a Censor?

I dispute not of the conscience to God, the which is the chiefest and most prin∣cipal thing that ought to be cared for in euerie family & common weale; the which care although it hath beene alwayes committed vnto Bishops, ministers, and other spirituall officers, yet the magistrat ought to haue a speciall regard that it be aboue all things held in reuerence: for although the law of God commaunds that euerie one appeare before him at the three great feasts of the yeare at the least, yet there are

some which neuer goe, and so by this contempt of religion, hath sprung vp by little [ A] and little, the detestable sect of Atheists, which haue nothing but blasphemy in their mouthes, and contempt of diuine and humane lawes; whereby do follow infinite murthers, paricides, poysonings, treasons, periuries, adulteries, and incests: neither is it to bee expected, that eyther prince, or magistrat shall reduce those subiects vn∣der the obedience of the lawes, that haue trodden all religion vnder foot. But this depends of the ouerseears or Censors, who vse diuine lawes when as mans decrees are of no force: for that Legum metus non scelera, sed licentiam comprimit, The feare of lawes doth not suppresse the crimes, but the libertie. There haue beene and are at this day infinite numbers, who although they offend not the princes lawes, yet liue they most wickedly, and as Lactantius said well, Possunt enim leges de∣lict [ B] a punire, conscientiam munire non possunt. Lawes may well punish offences, but they cannot fortifie and amend the conscience. And as for the bringing vp of youth (the which is one of the chiefest charges of a commonweale, whereof as of yong plants they should haue the greatest care) wee see it is neglected, and that which should be publike, is left to euery mans discretion, vsing it at his pleasure, some in one sort, some in another, the which I will not touch heere, hauing treated thereof in an other place. And for that Licurgus said, That thereon consisted the foundation of a commonweale; he appoynted the great Pedonome to be Censor of the youth, and to gouerne them according to the lawes, not at the parents discretion: for as the [ C] scope and end of a citie is all one, so the education of all the citisens, according to A∣ristotles opinion, should be all one: and so did the Atheniens decree by a publike e∣dict, made at the request of Sophocles, knowing well, that in vaine were lawes made, if youth (as Aristole said) were not instructed in good manners. All this depends on the care and vigilancie of Censors, first to haue a care of the manners and behauiour of schoolemasters.

I will passe ouer with silence the abuses which are committed in suffering of com∣medies and enterludes, the which is a most pernitious plague to a commonweale: for there is nothing that doth more corrupt the citisens good manners, simplicitie, and naturall bountie; the which hath the more power & effect, for that their words, [ D] accents, gesture, motions, and actions, gouerned with all the art that may be, and of a most filthy and dishonest subiect, leaues a liuely impression in their soules which apply thereunto all their sences. To conclude, wee may well say that the Comme∣dians stage is an apprentiship of all impudencie, loosenesse, whooredome, cooze∣ning, deceit and wickednesse. And therefore Aristotle did not without cause say, That they must haue a care least the subiects went to commedies: he had said better, That they should pull downe their theaters, and shut the commedians out of the citie gates: Quia (said Seneca) nihil tam moribus alienum, quàm in spectaculo desidere: For there is nothing more contrarie to good manners, than to haunt plaies. And therefore Philip Augustus king of Fraunce, did by a publike edict banish all players [ E] out of his realme. If any one will say, that both Greeks and Romans did allow of plaies: I answere, that it was for a superstition they had vnto their gods; but the wisest haue alwaies blamed them: for although a Tragedie hath something in it more stately and heroike, and which doth make the hearts of men lesse effeminat, yet Solon hauing seene the Tragedie of Thespis plaied, did much mislike it: Where∣of Thespis excusing himselfe, said, It was but a play: No (replyed Solon) but this play turnes to earnest. Much more had he blamed Commedies, that were then vn∣knowne: and now adayes they put at the end of euerie Tragedie (as poyson into meat) a comedie or jigge. And although that comedies were more tollerable a∣mong

those that dwell in the Southerne parts, beeing more heauie and melan∣choly [ F] by nature, & for their naturall constancie lesse subiect to change; yet should they be vtterly defended to those that liue towards the North, being of a sanguine complexion, light and inconstant, hauing in a manner all the force of their soule in the imagination of the common and brutall sence. But there is no hope to see playes forbidden by the magistrats, for commonly they are the first at them.

It is the proper charge of the graue and wise Censors, who will bee carefull to entertaine the honest Gimnasticall exercises, to keepe the bodie in health: and of musike to restraine the appetites vnder the obedience of reason: I meane musike, which doth not onely signifie harmonie, but also all liberall and honest sciences; hauing a speciall care, that this naturall musike be not altered, nor corrupted, as it is [ G] at this day, seeing there is no thing that slips more sweetly and insensibly into the interiour affections of the mind. And if we may not preuaile so much as to haue the Ionique and Lidian songs, that is to say, the fift and seuenth tunes banished out of a commonweale, and defended from all youth (as both Plato and Aristotle said it was necessarie) at the least let not the Diatonie musike (which is more naturall than the Chromatique or Enharmonique) be corrupted by other medlies: and that the Dorien songs, or of the first tune (the which is proper to sweetnesse and seemely grauitie) be not disguised into manie tunes, and so deuided, as most part of musi∣cians become fooles or mad men, for that they cannot tast of a naturall musicke, no more than a weake stomake corrupted with delicates, can digest good and sub∣stantiall [ H] meat. All this depends of the Censors dutie: for that neither Iudges no•…•… any other officers will euer regard it.

They also complaine of excesse in apparell, and that the sumptuarie lawes are trodden vnder foot. It shall nueer be reformed, if therebee not Censors to see the lawes executed, as in old time the Nomophylaces, or Law keepers, did in Athens. And therefore an auntient Oratour said, That the Tribune which first restrained the Censors authoritie, had ruined the commonweale: It was Clodius, one of the wickedest men of his time, which law was sixe yeares after disanulled by the law Caecilia. [ I]

Seeing then that to censure is so goodly, profitable, and necessarie a thing, let vs now see, if Censors ought to haue any jurisdiction: for it seemes it should be but a iest without some jurisdiction. Yet I say, that the Censor ought not to haue any jurisdiction at all, to the end that his charge be not intangled with sutes and con∣trouersies. In like sort, the auntient Roman Censors had no jurisdiction; but a looke, a word, and a dash with a pen, was more bloudie, and touched more to the quick, than all the decrees and iudgements of the magistrat. When as they made their scrutiny or suruey, you should haue seene foure or fi•…•…e hundred Senators, the order of horsemen, and all the people stand trembling before them: the Senatour fearing lest he should be put from the Senat; the horseman from his horse, & rankt [ K] among the baser sort: and the simple citisen to be rased out of his order and from his line, and placed among the tributaries: as Titus Liuius doth testifie, That 66 Senators were rased at one time out of the register, and excluded the Senat. And yet lest this great honour and authoritie of the Censors should make way to a tyranny, if they were armed with power and iurisdiction, or if any should be con∣demned without hearing; it was therefore wel aduised they should haue nothing but the censuring and reformation. And therefore Tully said▪ That the iudgement of the Censors did onely make men blush: and for that it did but touch the name, the Censors correction was called Ignominia, Ignominie; the which differs from

infamy, depending vpon the Iudge that hath publike iurisdiction, and in causes that [ A] make men infamous. And therefore the Pretor did note them as infamous, that were cassiered with ignominy, the which had beene ridiculous, if they had beene infamous. And yet the doubt which Lawyers haue made, If ignominious men should suffer as the infamous; shewes plainly, that Ignominy and Infamy is not all one, as manie haue supposed.

By the auntient custome of Greece, it was lawfull to kill any one, or any of his children that was noted infamous, as the Orator Libanius saith in his pleading for Halirhotius. Now although the Censor had rased any Senator out of the Register booke, yet if he would make petition vnto the people he was admitted, and some∣times absolued and restored: but if there were any accuser that did second the [ B] Censor, or if the Censor himselfe would accuse any as a priuate man, if the accused were found guiltie, and condemned by the people, or by Commissioners deputed by the people, then was he not onely ignominious, but also infamous, and declared incapable euer to beare office: and therfore those which were censured, they were not iudged, but yet they were as a man may say, foreiudged: and if the Censor were an eloquent man, he would oppose himselfe as an accuser of those that would seeke to bee restored against his censure: as Cato did against Lucius Flaminius, ma∣king an oration against his filthy and disordred life, hauing rased him out of the re∣gister of Senators. But those that were better aduised, and had some hope of resti∣tution, [ C] sued for some office, or honorable commission from the people, the which if they obtained, they were freed from all censure of ignominie, or else they were re∣stored by the other Censors fiue yeares after: if hee did performe neither the one nor the other, he was not admitted into the Senat: neither could a horseman reco∣uer his horse nor his ranke. And (Vlpianus speaking of these men) doubts whether they are to be admitted as witnesses. And for the better confirmation hereof, Cicero brings in an example of Caius Geta, who was excluded the Senate by the Censors, and yet afterwards he was chosen Censor: and a little after speaking of censuring, he saith▪ That the auntients would haue the Censors office to carrie a certaine feare, and not a punishent. The which was partly the cause why the Claudian law [ D] was disanulled, the which would not haue any Senator excluded the Senat, nor ra∣sed out of the registers, if he were not accused before both by the Censors, and con∣demned by either of them, the which had imbased the office of Censor, being so reuerend, as the Senate of Rome would not permit the Censors (after their charge expired) to bee accused, or called in question for anie thing that they had done du∣ring their charge: the which was lawfull against all other magistrats. And it seemes for the same reason the Emperour Constantine did teare the libels of accusation propounded against the Surueilans or Ouerseers at the Councell of Nice, saying, That he would not iudge them that were Censors of euerie mans life. And for the same cause Charlemaine in his constitutions hath made a Canon, That no prelate [ E] should be iudged without 72 witnesses, freeing the Pope from the censure of any man: the which hath bene obserued vntill the councell of Constance, where it was decreed, That the Pope should be iudged by the Councell. I will not heere dispute if the ecclesiasticall iurisdiction be well grounded; but it is to be feared, that hauing presumed so much, they are likely to lose both iurisdiction & all ecclesiasticall cen∣sure, the which hath alwaies bene of great consequence: for euen as the auntient Diuides (who were antient Iudges and Prelats in Gaule) did excommunicat kings and princes that would not obey their decrees, euen so the ecclesiasticall censure amongst Christians, hath not onely maintained discipline and good manners for

many ages, but hath also made Tyrants to tremble, and reduced Kings and Empe∣rours [ F] vnto reason, pulling oftentimes their crownes from their heads, and their scepters out of their hands, forcing them to make peace or warre, to chaunge their dissolute life, to do justice, and to reforme the lawes. All the histories are full, but there is none so famous, as of Saint Ambrose, who did censure Theodosius the Great, and Nicholas 1 Pope, who censured Lothaire King of Italy: and Innocent, who did excommunicate Lewis 7 King of Fraunce, to whom for three yeres space no priest durst administer the Sacrament.

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

The Seigneurie of Geneue reserues this prerogatiue to their Bishops, Ministers, [ K] and Auntients, to haue the priuiledge of a Corporation, and to censure the liues, and manners of men in their consistorie, and yet without any iurisdiction to com∣maund, or to execute their sentences, either by themselues, or by the officers of the Seigneurie, but for disobedience they excommunicate him, a matter of greater con∣sequence: for the person excommunicated, after a certayne time is pursued crimi∣nally before the magistrate, by the Inquisitour of the faith, as in the catholike church, but not so soone: for there hath beene some one excommunicate fifteene yeeres, and afterwards conuented before the Inquisitor of the faith, who meant to proceed against him, hee hath appealed to the Parliament, where his appellation

was reiected, & he condemned in a fine, decreeing, that he should be seized on, and [ A] carried to the Bishops prison, commaunding the Inquisitor to proceed in his triall, euen vnto a definitiue sentence, and to certifie the Court. It was in those daies, when as it was lawfull to excommunicate any man euen for pettie debts, al∣though the debtors had made it knowne that they had not any thing. But after the edict made at Orleance, and confirmed by the Parliament, the Bishops and Aunti∣ents could not vse such censures within this realme. At Lions M^r de Moulin was much discontēted against the consistorie, saying, That vnder colour of their censure they attempted vppon the temporall iurisdiction, and yet hee blamed it in the catho∣like church. But taking away suspension, interdiction, and excommunication, the ecclesiasticall censure is of no force, and by the same inconuenience, good manners [ B] and discipline is abolished: but there is no reason, that for disobedience in slight matters, they should vse such censures.

The auntient Censors did set notes and marks vppon the registers against those that deserued it, to aduertise their successors in their charge of those that were so no∣ted, if they did not amend. In my opinion that should suffice, and not to proceed against them by any amercements, or to excommunicate them for want of paiment. I leaue it to the wise to decide, whether it bee better to diuide the temporall censure (touching maners & other things aboue specified) from the ecclesiasticall censure, or to ioyne them together. But yet it were better to allow both to the Bishops & An∣tients, [ C] than to take all from them, and thereby to depriue the commonweale of that which is most necessarie: for wee see those estates which doe vse it, to flourish in lawes and good manners: we see whooredome, vsurie, mummeries, and excesse in all things rooted out, the blaspheamer, ruffian, and idle vagabound banished; and without doubt, those commonweales which shall vse such censure, shall continue and flourish in all vertues: they which neglect lawes, vertue, and religion, will bee contemned, as it happened in Rome not long before the ruine of the empire; when as in stead of Censors, they created an office which they called The Tribune of Plai∣sirs, as we may note in Cassiodorus. But for that the Censors office was first institu∣ted in regard of taxes, subsidies, and imposts, and to make a stocke for publike neces∣sities, [ D] let vs also speake of treasure.

CHAP. II. Of Treasure.

IF Treasure be the sinewes of a commonweale, as an auntient Ora∣tor said, it is verie necessary to haue the true knowledge thereof, first to see by what honest meanes to gather money together; second∣ly, to imploy it to the profit and honour of the commonweale; and lastly, to spare and to reserue some part for all needfull euents, least [ E] the publike treasurie being exhaust, the commonweale might bee oppressed with sudden calamitie. We will therefore handle these three poynts eue∣rie one in order.

Touching the first poynt. There are many craftsmasters in matters of imposts, which know many meanes to raise vp great summes of money, but they neuer had the true knowledge of honour and honestie. But leauing these cunning politicians I will follow those, who as they haue had a great care of the treasure, so haue they sought by honest meanes to increase the reuenues of the commonweale, lest the citie by want should be drawne into danger, and the prince forced by vnlawfull meanes

to sucke the priuat wealth and bloud of his subiects, as it hath happened to those that [ F] seemed best acquainted with politike affaires: amongst the which the Lacedemoni∣ans are named, whom not content with their owne territories, as their master Licur∣gus had taught them, taking from them all vse of gold and siluer, inioyning them to make money of iron, least that strangers should grow in loue with the Lacede∣monians countrie, or they with that of strangers, supposing thereby not onely to free his citisens from iniuries, but also from forraine vices: But they had no sooner past their frontiers but they fell to borrowing, some of the king of Persia, as Lysander and Callicratides: some of the king of Egypt, as Agesilaus, and Cleomenes, kings of Lacedemon. For which cause the Seigniorie of Sparta hauing soone wonne all Greece, and gathered together a great masse of treasure, they decreed, That all the [ G] gold and siiluer which they had taken from their enemies, should be kept in the pub∣like Treasurie, to serue them at their need, with defence not to vse it for anie priuat occasion: but their treasure without ground or supply beeing soone wasted, they were forced to returne to borrowing to make warre (the which is not entertayned and maintayned by diet, as an auntient Captaine said) whereby their commonweale decaied vnder king Cleomenes. Euerie commonweale therefore must prouide to haue their treasure built of a sure and durable foundation. There are onely seuen meanes in generall for the making of a publike treasure, in the which all other are conteined. The first is, by the reuenues of the commonweale: The second, by con∣quest from the enemie: The third, by the liberalitie and gift of friends: The fourth [ H] by the pensions & tribute of their alies: The fifth, vpon traffike: The sixt, vpon mar∣chants, which bring in and carrie out marchandise: And the seuenth vppon the sub∣iects imposts.

Touching the first, which growes by the reuenues, there is not any seemes to mee more honest & sure. So we read that all the antient monarchs and law-giuers, which builded new cities, or transported new colonies, they assigned (besides the streets, temples, theaters, & the possessions of priuat men) certaine places fit for the common∣weale, and free to all in general; the which were called Commons, and let out to pri∣uate men for a certaine time, or for euer, paying a yeerely rent into the Treasurie or [ I] Exchequer, to supply the charges of the commonweale. We read that Romulus the founder of Rome & of the Roman commonweale, diuided all the lands into three parts; appoynting a third for the temporall of the Church, a third for the rents of the commonweale, and the surplusage to be deuided among priuate men, the which at that time were three thousand citisens, euerie one of the which hauing two iournies, or acres of land: so as of eighteene thousand iournies or acres of land, lying in the territories of Rome, they reserued six thousand for the sacrifices, six thousand for the reuenues of the commonweale and intertainment of the kings house, and six thou∣sand for the citisens. Yet Plutarch sets downe twise as manie citisens, and saith that [ K] Romulus would set no limits of the territorie of Rome, lest it should be seene what he had vsurped from his neighbours, and that his successor Numa diuided the reuenues to poore citisens: but the first opinion is the more likely and the more common; for the deuision of two iournies or acres continued a long time, as Pliny saith, spea∣king to Cincinatus the Dictator, the which was two hundred and threescore yeares after Romulus: Aranti sua duo iuger a Cincinato viator inquit, vela corpus & audi manda∣ta Senatus: Cincinatus plowing his two acres, Passenger (saith he) vncouer thy bodie, and heare the commaundements of the Senat. And Denis Halicarnasseus holds the first opinion; hee was in houshould with Marcus Varro, the true Register of all Ro∣man antiquities. But since by the law Licinia, euerie citisen was allowed to haue

seuen journies or acres of land. If it be true which wee read in Pliny, or Collumella: [ A] Post exactos Reges Liciniana illa septem iugera, quae plebis Tribunus viritim diuiserat, maiores questus antiquis retulêre, quàm nunc nobis praebent amplissima veruacta, After the expulsion of the kings, those seuen acres which the Tribune deuided to euerie one by the law Licinia, did yeeld our auncestours more profit, than now our large fields. And the oration of Marcus Curius is well knowne, noting him as a pernitious citisen that could not be contented with seuen acres. In this diuision Romulus did imitate the Egyptians, who in old time diuided all the reuenues of Egypt into three parts: The first was for the sacrifices and sacrificers; The second, to entertaine the kings house, and to defray the publike charges; And the third for the Calasiris, the [ B] which were the men of warre, alwaies entertained to serue at need: all the other citi∣sens were either husbandmen, or slaues. Wee read also, that Ezechiel, in reforming the abuses of the princes of the Hebrewes, appoynted certaine lands for the sacri∣fices, some common for the people, besides the reuenues for the entertainement of the kings house, and to serue for publike expences. To the end (saith hee) that the princes shall no more grieue my people with exactions and imposts. Although from the beginning of the Israelits kingdome, the kings had some reuenues; for the towne of Ziceleg, with some land being giuen to Dauid by king Achis, continued for euer as part of the kings reuenues, and was neuer alienated. Of the regall reuenues some are publike, some are priuate, the last may bee sould and made away, the first [ C] neuer. And to the end that princes should not bee forced to ouercharge their sub∣iects with imposts, or to seeke any vnlawfull meanes to forfeit their goods, all Mo∣narchs and States haue held it for a generall and vndoubted law, That the publike reuenues should be holy, sacred, and inalienable, either by contract or prescription. In like sort, kings (especially in this realme) graunting their Letters pattents for the reunion of crowne lands, declare, that they haue taken an oath comming to the crowne, in no sort to sell or make away the reuenues: and although it were duely and directly made away, were it for euer, yet is it alwayes subiect to bee redeemed, and in such sort as the prescription of a hundred yeares, which giues a iust title to the possessor, doth not touch the reuenues of the crowne. The edicts, decrees, and [ D] ordinances of this realme are notorious, not onely against priuate men, but euen against princes of the bloud, who haue beene put from the deuision of the reue∣nues, & the prescription of a hundred yeres. And this is not peculiar to this realme alone, but common to the kings of England, Spayne, Poland, and Hungarie, who are accustomed to sweare not to alienate the reuenues of the crowne. The which is also obserued in popular & Aristocritall states: and euen at Venice the law allowes no prescription (the which many would limit to six score yeares:) nor yet the Can∣tons of the Swissers: for king Henry 2 hauing requested the Siegniorie of Lucerne to ingage themselues for a certaine summe of money, Hugo the chiefe magistrat made answere vnto the Ambassador, That both the Senat and Commons of Lu∣cerne [ E] had sworne, neuer to pawne nor ingage their lands. Wee read also, that the same ordinances were religiously obserued in two the most goodly commonweales that euer were, Athens and Rome, whereas two great personages, Themistocles and Cato the Censor, caused all the publike reuenues to bee seized on, the which had through tract of time, and sufferance of magistrats beene vsurped by priuate men, saying in their orations, Nec mortales contra deum immortalem, nec priuatos contra Rempub▪ praescribere posse, That mortall men could neuer prescribe against the im∣mortali God, nor priuate men against the commonweale. And therefore the court of Parliament vppon a ciuill request obtained by the kings Proctor generall, against

a decree made in fauour of the successors of Foelix of Nogaret, to whom king Phi∣lip [ F] the faire 260 yeares before had giuen the lands and Seigniorie of Caluisson, for his vertues and well deseruing of the commonweale, whereby it was reuoked vnto the Councell: shewing therby that prescription hath no place, when there is any question of the reuenues of the crowne. And the court of Parliament at Ro∣uan, by a sentence giuen the 14 of Februarie, 1511, betwixt the kings proctor and the religious of S. Omer, adiudging the possession of certaine goods vnto the king, allowing the religious to releeue themselues by some other meanes, and to proue it duely, by way of inquest, and for cause, which words (and for cause) are not to bee vnderstood for the poore subiects of the countrie onely, but generally for all. And oftentimes the treaties made betwixt princes haue no other difficulties, but for the [ G] preseruation of the reuenues, the which princes cannot alienate to the preiudice of the publike. Henry 8 king of England in a treatie made with the Pope and poten∣tates of Italy, in the yeare 1527, caused this clause to be added, That they might not giue away any thing of the crowne of Fraunce, for the redeeming of king Frauncis: and vpon this poynt the breach of the treatie of Madrid was grounded, for that the auncient custome of this realme, conformable to the edicts or ordinances of other nations, requires the consent of the three estates: the which is obserued in Poland, by a law made by Alexander king of Poland, according to the disposition the common law, vnlesse the sale were made at such time as the enemy had inuaded the countrie: [ H] and that the forme be obserued from poynt to poynt, as in the alienation of pupils goods (the commonweale being alwayes regarded as a pupill) and if there be any thing omitted, it is all of no force, or at the least it is subiect to rescission, without re∣stitution vnto the purchasor of the thing purchased. Neyther can the prince chal∣lenge that vnto himselfe which belongs vnto the publike, no more than a husband can his wiues dowrie, wherin the prince hath lesse right; for the husband may abuse the fruits of his wiues dowrie at his pleasure, but a prince may well vse, but not abuse the fruits of a publike dowrie: as the citisens that were in societie with the Atheni∣ans complained, that the publike money was to be put in Apolloes treasury, and not to be wasted by the Athenians. [ I]

Our kings haue and doe acknowledge, that the proprietie of the crowne lands is not the princes: for king Charles the 5 and 7, would not haue the crowne lands paw∣ned, vnlesse the Parliament at the instance of the kings Proctor had so decreed, as we may see in the auntient registers of the court of Parliament, and chamber of ac∣counts; and the reason is, for that the reuenues belong vnto the commonweale, as wise princes haue alwaies acknowledged: & when as king Lewis the 8 died (hauing giuen much by his testament to poore widdowes and orphans) hee commaunded all his jewels and moueables to be sould to performe his legacies, least that any thing belonging to the crowne should be sould, as hauing no interest in it. And for this cause Pertinax the Roman Emperour caused his name being written vppon the [ K] publike lands, to be rased out, saying, That it was the very inheritance of the com∣monweale, and not the Emperours, although they enioy the rents for the mainte∣nance of their houses and the commonweale. And we doe also read, that Antonius Pius liued of his owne inheritance, applying nothing that belonged to the publike, to his priuat vse: whom king Lewis 12 (called the father of his countrie) doth seeme to imitate, who would not mingle his patrimony & reuenues, with that of the pub∣like; erecting the chamber of Blois for his lands at Blois, Coussy, and Montfort: and yet many haue erroniously confounded the publike with the princes priuate lands. Neyther is it lawfull for soueraigne princes to abuse the fruits and reuenues

of the crowne lands, although the commonweale be in quiet and free from all trou∣ble; [ A] for that they haue the vse onely, and ought (the commonweale and their house being maintained) to keepe the surplusage for publike necessitie: although that Pe∣ricles said to the Ambassadours of the confederats, That they had no interest in the imployment of the treasure, so as they were maintayned in peace: for it was con∣tained in the treatie of aliance, that the money which should be raised in the time of peace, should be gared in Apolloes temple, and that it should not bee imployed but by a common consent. But there is great difference betwixt the Treasurie or Ex∣chequer in a monarchy, and in popular states: for a prince may haue a treasurie of his priuate patrimony, the which was called Fiscus by the Auntients, and that of the publike reuenues Aerarium: the one being diuided from the other by the aun∣tient [ B] lawes, the which can haue no place in a popular or Aristocraticall estate. Yet there neuer wanted flatterers to persuade princes to sell the reuenues of the crowne to make a greater benefit; the which is a tyrannical opinion, and the ruine of a com∣monweale: for it is well knowne, that the publike reuenues consist chiefly in that which Dukes, Marqueses, Earles, and Barons did sometimes possesse, the which, ei∣ther by succession, dowrie, or by confiscation, haue come vnto the state in Lord∣ships, coppiholds, in fees, alienations, sales, seazures, rents, amercements, rights, confiscations, and other regalities, the which are not subiect to imposts and ordi∣narie charges, and oftentimes are gotten by them which are free from all charges. [ C] Moreouer, commissions graunted to sell the publike reuenues, for the making of money speedily, allow it to be sould for ten yeares purchase, when as priuate lands in fee with iustice are sould for thirtie yeares purchase, and those that haue dignities at fiftie yeres and more: so as some with purchase of the publike lands, reape in one yeare more profit by the iurisdiction, than they paid for the land. Others haue paid nothing at all, taking the valuation of the reuenue by extracts from the Chamber of accounts, giuen in by the receiuers in ten yeares, who oftentimes haue not receiued any thing, for that the profit of inferiour iustice is made in the chiefe and regall court. As for sales, the purchaser hath more profit, than the interest of the money which they haue payed can amount vnto: as also the receiuers of the reuenues [ D] are not accustomed▪ to giue any account of casualties, but for a small part. But in farming out the crowne lands, the farmours are lyable to subsidies, and are charged according to their abilities.

There are infinite more abuses which the commonweale sustaines by the sale of their reuenues, but the greatest is, that the money which is made is not put out to rent (like vnto those that thinke to be good husbands) but is most commonly wasted and giuen vnto them that haue least deserued, and so for want of money to redeeme this land, the commonweale falles to decay: then doe they also sell the commons wherby the poore are releeued. It were more fit to sell the waste lands of the com∣monweale, the which no man will hire, and brings no benefit to the common∣weale, [ E] to the end the Treasury may bee enriched, and that the citisens may profit by the tilling thereof: but if they may haue a farmour, it is not lawfull to sell it, although that Aristotle commends them of Constantinople, who sould their lands for a continuall rent, the which is a meere alienation, and money taken before, dimi∣nisheth the rent: the which was expressely defended by an edict made by Charles the ninth. And although that afterwards he made an other edict for the renting out of waste lands, and paying of fines, by the persuasion of such as sought to make money: yet the Parliament of Paris vpon the verification of the said edict, decreed, That the rents should not be redeemed, and that there should bee no fine payed at

the beginning; and for that the Commissioners for this sale did sue vnto the King [ F] that it might bee lawfull to giue money at the entry, the Court (all the Chambers being assembled) decreed, That the purchasers might not giue aboue a third of the summe at the entry, in regard of the value of the lands: the which third part should be receyued by the Receyuers of the reuenues apart, to bee imployed to redeeme the reuenues that were sould, imposing a quadruple penaltie to bee leuied, as well vppon the receyuers, as of those that had gotten any assignation of the said money. And it is not heere needfull to relate what losses the king and commonweale haue sustayned by such alienations of waste lands. King Frauncis the second comming to the crowne, commaunded his Proctors and magistrats to redeeme the publike re∣uenues from priuate occupiers: wherein he complayned, that the crowne lands and [ G] reuenues were so dismembred and wasted, as that which remayned did not suffice for the charges that were laid vpon them. But our king hath farre greater cause to complayne now, when as there scarce remaynes any thing that is to bee sould. In the generall accounts of the treasure made in Ianuary, in the yeare 1572, there was no receit made of any reuenues, although there were six & thirtie thousand crownes a yeare in the receit, when as king Frauncis died, as it appeareth by an account of the treasure made in the yeare 1569: and by the same estate the alienation of the reue∣nues, impositions, and subsidies amounted to fourteene millions nine hundred six∣tie and one thousand foure hundred and seuentie liures, fifteene soulz, and eight de∣niers; not comprehending twelue hundred thousand liures for the fourth and halfe [ H] fourth, and foure hundred and fiftie thousand liures, in regard of fifteene liures vp∣pon the strike of salt, the which the country of Guienne redeemed in the yeares 1549, and 1553. whereby is plainely appeares, that the kings reuenues are almost all ingaged and made away, for fifteene or sixteene millions at the most, the which is worth aboue fiftie millions: for that Earledomes, Baronies, and other Seigniories haue not beene sould for aboue nine yeares purchase: and if it were redeemed and let to farme, it would amount yearely to almost three millions, the which would suffice to entertaine the kings house in state, and to pay most of the officers their wa∣ges, not medling with any of the other ordinarie or extraordinarie charges. And if [ I] wee may compare a small kingdome with a greater, the reuenues of the crowne of England, comprehending the land subsidies, taxes, customes, imposts, and all other charges, amount to little more than sixscore and ten thousand pounds starling a yeare, hauing a good part of the temporall lands of the church annexed vnto it, and yet the Queene doth maintayne her Court and the estate of her realme verie roy∣ally and redeemed the reuenues.

True it is, that a setled peace for these fifteene yeres hath much preuailed for the maintenance of the state of England; and warre for the ruine of Fraunce, if God had not sent our King Henrie 3 from heauen to restore it to his first beautie. But we must obserue that for the preseruation of the reuenues of a commonweale, most [ K] commonly that of a monarchy is better husbanded than in a popular state, or in that which is gouerned by few of the better sort; whereas the magistrats and ouer∣seers of the treasure conuert the publike to their owne priuate profit: and euery one striues to gratify his friends, or to purchase the peoples fauour with the preiudise of the commonweale: as Caesar did in his first Consulship, who deuided the territory of Capua among the people, and abated the rents of the farmes a third part, after that hee had beene well bribed. And ten yeares after Quintus Metellus Tribune of the people, to winne their fauour, published a law to take away the toles in all the ports of Italy. In like sort, Pericles to haue credit with the people of Athens, made

distribution of great summes of money, the which had come into the treasure. This [ A] happens not in a monarchie, for Monarchs which haue no more certaine reuenues than their lands, and that haue no power to impose subsidies or other charges vpon their subiects but with their owne consents, or vppon vrgent necessitie, are not so prodigall of their crowne lands. It is not needfull to discourse any further of reue∣nues, being impossible to order it better than was by the edict of king Charles 9 if it were duely executed.

The second meanes to gather treasure together, is by conquest vpon the enemy to recouer the treasure wasted in warre: So did the antient Romans; for although the sacke and spoyle of townes forced, belonged to the Captaines and souldiers, yet [ B] the treasure was carried into the treasurie of Rome. And as for the townes yeelded or taken by capitulation, the armie had but their pay, and sometimes a double pay, (before that the discipline of war was corrupted) & the treasure of the vanquished was carried to Rome, if they had not otherwise capitulated. All the gold and sil∣uer (saith Titus Liuius) and all the brasse that was taken from the Samnites, was car∣ried to the treasurie. And speaking of the Gaules beyond the Alpes, he saith, That Furius Camillus carryed into the Capitoll 170000 pounds of siluer which hee had taken from them: and that Flaminius caused to bee brought out of Spaine of the spoyles of Greece, the value of three millions & eight hundred thousand crownes, besides siluer, rich moueables, armes and ships. Paulus Aemilius brought thrice as [ C] much out of Macedony. Caesar caused aboue fourtie millions to be deliuered into the publike treasurie, by the report of Appian. Wee may see from the 33 booke of Titus Liuius to the 34, infinite treasures brought to the Treasurie of Rome of the spoyles of conquered nations. And although all were not brought in by the Ge∣nerals, yet fearing to bee charged with corruption, or to bee frustrate of their try∣umphs, they alwayes deliuered in great summes: for Scipio Asiaticus was accused and condemned of corruption, in a great fine, and yet he brought into the treasurie aboue two millions of gold: and Scipio the Affrican his brother, was also inclu∣ded in the accusation, although he had brought aboue fiue millions of gold of his conquests into the treasurie, besides the value of ten millions and fiue hundred [ D] thousand crownes: wherein king Antiochus was condemned: by meanes of the vi∣ctorie they had obtayned, and yet both of them were exiled and died poore. And although that Lucullus was the first (as Plutarch saieth) that inriched himselfe with the spoyle of his enemies, yet did he bring more into the Treasurie than any of the rest, except Caesar: the which I thought fit to obserue, for that commonly wee im∣ploy the treasure for the charge of the warres, and yet in all victories and conquests there neuer comes a crowne into the Exchequer, and oftentimes the sacke & spoile is giuen before the townes be taken or yeelded.

The Romans were not contented with their treasures and spoyles, but they con∣demned the vanquished to loose a part of their territories, the which commonly [ E] was the seuenth part. Since, some haue bene condemned to loose a fourth or a third part of their lands, as in Italy, beeing subdued by Odocres king of the Herules. And soone after Hortarius king of the Lumbards condemned the vanquished to pay him yerely the moytie of their reuenues: as also the Romans had done vnto the Doriens long before. But William the Conqueror, after he had conquered the realme of Eng∣land, declared all the countrey in generall, & euery mans inheritance in particular for∣feyted vnto him by the law of armes, intreating the Englishmen as his farmours. Yet the Romans haue alwayes shewed themselues courteous and affable in that poynt, sending Colonies from their citie to inhabit the conquered countryes, distributing

to euery one a certayne quantitie: and by this meanes they freed their Citie from [ F] beggers, mutinies, and idle persons, and did fortifie themselues with their owne men against the vanquished, the which by little and little did linke themselues in marria∣ges, and did willingly obey the Romans, who by this meanes also haue filled the world with their Colonies, with an immortall glory of their iustice, wisdome, and power: wheras most part of conquering princes plant Garrisons, which serue onely to spoyle and oppresse the subiects. If our kings after the taking of Naples and Mi∣lan had practised this course, they had yet continued in obedience to our kings. And it is no maruell if they reuolt against the Spanyard vppon the first occasion, as well as the countrey of Flaunders hath done, hauing nothing but Garrisons there without Colonies. Yet wee find, that Sultan Mahumet king of the Turkes, found [ G] meanes to inrich his treasure by meanes of Christian slaues, which hee sent in Co∣lonies into conquered countries, giuing to euery one fifteene acres of land and two oxen, and seed for one yeare: and at the end of twelue yeares he tooke the moytie of their fruits, the which hee continued for euer. Amurath the first dealt more mildly with the Timariots, giuing them certayne lands and rents, to some more, and to others lesse, vpon condition they should attend him in the wars when they were cal∣led, with a certayne number of horse: and if the Timariot chanced to die, the fruits should acrue vnto the Prince, vntill that hee had aduaunced some other, by way of gift. And generally the tenth of all successions belonged to the prince (the which [ H] grew by the law of armes, and by the princes conquering another mans countrey) and not by way of imposition vppon the auntient subiects. Whereby it appeareth, that the greatest and clearest reuenues which the Turke hath, are in manner casuall, and the warre is defrayed without any new charge.

The kings of Castile haue done in manner the like at the West Indies, and name∣ly the Emperour Charles 5, hauing conquered Peru, gaue the lands to the Captaines and Spanish souldiers by way of gift onely; and beeing dead, they returned to the Emperour, vntill that another were aduaunced in his place: taking moreouer the fift of all the pearle and mynes; so as euerie two yeares there comes clearely into the kings treasurie in Spayne, neere foure millions of gold, the which is called, The port [ I] of Ciuill. But it is reason, that the conquests which are made vpon the enemie, and which augment their treasure, should also ease their subiects: as they did in Rome after the conquest of the realme of Macedon, the Romans were freed from taxes, imposts, and subsidies.

The third meanes to augment the treasure, is by liberalitie of friends or subiects, be it by legacie, or by donation during life: the which wee will speake briefly of, for that it is vncertaine, besides there are few princes that giue, and fewer that receiue without requitall: for if a prince giues to one that is more rich and mightie, it seemes it is for feare, or vpon some bond, & somtimes he that receiues it, accounts it as a tribute. The Emperour of the Turkes sets to the view of all the world, as [ K] well those presents which are sent him from his friends, as those that come from tributaries, to shew how much hee is feared of strangers, defraying the Ambassa∣dors charges with great bountie, the which neuer prince nor people did. But we find that the Auntients vsed an other kind of bountie and liberalitie than they doe at this day: for at this day they giue not often but to such as are in greatnesse and prosperitie, and the Auntients gaue in aduersitie. When as Hannibal had in a manner quite vanquished the Romans, and taken from them almost all Italy, the king of Egypt sent the value of 400 thousand crownes to Rome in pure gift; the which the Romans refused, giuing great thanks to the king. They did the like

to Hierom king of Sicile, who gaue them a crowne of gold waying 320 pound, and [ A] a Victorie of gold, with fiue thousand bushels of wheat: but they accepted no∣thing but the image of Victory as a happy presage. They shewed the same reso∣lutions to the Ambraciotes, and to many other Princes and Seigniories, who at that time offered them great presents, although they were in extreme necessitie: so as there was a combate of honour, in the one to giue, and in the other to refuse. But the Romans haue surmounted all other nations in courage and resolution in their aduersities: as for other princes and people they were not so nice to take, yea of∣tentimes they demaunded; as the Seigniorie of the Rhodes, when their Colossus fell downe & brake some of their ships, they sent Ambassadors to kings and princes to beg, hauing small meanes, and it succeeded well: for king Hierom sent them [ B] threescore thousand crownes in guift, and many others imitated him: yea the king of Egypt gaue them in gold the value of eighteen hundred thousand crowns, and in siluer much more, with twentie thousand bushels of wheat, and three thousand beasts for sacrifices, besides great store of stuffe, and an infinite number of Architects and workemen the which hee entertayned at his owne charge for the building of a Colledge: so as the Seigniorie of Rhodes for an old broken image, and some crased ships, were greatly enriched by the bountie of other princes.

It was common to the kings of Egypt to glorie in their bountie to others: for [ C] wee read in a manner the like of Ptolomie the first, toward the citie and inhabitants of Ierusalem, to whom he sent the value of two hundred threescore and sixteene thousand crownes, to redeeme a hundred thousand slaues of their nation; and ninetie thousand crownes for the sacrifices, besides a table of massy gold to set in Gods Temple: and the great presents he gaue to the 72 Interpreters, which tran∣slated the Bible out of Hebrew into Greeke. And as it was and will be alwayes tolle∣rable for pettie princes and small Siegniories to accept the honorable gifts of great princes and monarchs: so was it conuenient for the Romans to refuse such libera∣lities (and to beg it had beene infamous) and to accept, by guift or legacie, great realmes and royall successions; which they gaue them which had raigned peace∣fully [ D] vnder their protections, for an honest recompence of their justice, when as they died without heires males lawfully begotten. By this meanes Ptolomie king of Cyrene, Attalus king of Asia, Eumenes king of Pergame, Nicomedes king of Bithinia, Coctius king of the Alpes, and Polemon king of Pontus, left the people of Rome heires of their goods & kingdoms. As for guifts from the subiect, the which the an∣tients called oblations, there were few or none at all: for charitable gifts which be voluntarie, are now demaunded: and although the kings of Spaine, England and others vse intreaties to obtaine them, yet most commonly there is more force in these requests, than in commissions and letters of commaundement. I vnderstand by the word Gift, that which is liberally offered by the subiect vnto his prince; as [ E] the gold which they called Coronarium, the which the Iewes gaue vnto the Em∣perours, to be maintayned in the priuileges of their religion; and the magistrats of the townes and communalties of the empire: the which in time proued a forced subsidy, vntill that this force was taken away, the guifts remaining voluntary to gratyfie the Emperour, when as hee had obtayned any victorie against his ene∣mies.

The like may bee sayed of the imposts which in Spayne they call Seruice, the which was freely graunted to the kings of Spayne to entertayne their estate more honorably; and since it was almost conuerted into an ordinary charge. Wee find

likewise that the kings of Persia contented themselues with the voluntary gifts and [ F] presents of diuers kinds that came from their subiects: but Darius Histaspes (he that got the kingdome by the neying of his horse) chaunged those kinds into coynes of gold and siluer, and the gifts into tributes and necessary charges, appoynting Trea∣surers and Receyuers in euerie gouernment (which were 127 in number) to make a diuision of the taxes and subsidies, which amounted then to foureteene thousand fiue hundred and threescore Euboique talents, the which is valued at ten millions one hundred fourescore and twelue thousand crownes. But this antient custome of Persia is maintayned at this present in Aethiopia, whereas the gouernours of fiftie gouernments bring vnto the Negus, king of Aethiopia, the gifts and oblations of his subiects in graine, wine, cattell, handy works, gold and siluer, without any other [ G] commission, or letters patents: so as for the greatnes of his maiesty, it is more befit∣ting to haue them obedient vnto him, than to send foorth his commissions to exact and beg of his subiects. As for successions and testamentary legacies giuen to prin∣ces by their subiects, it is at this day very rare, and yet in old time it was one of the greatest meanes whereby princes did augment their treasures: for wee read that the Emperour Augustus hauing giuen by will the value of eleuen millions and two hundred thousand crownes to be distributed among the people of Rome, and the legions; he withall protested, that he left not to his heyres but three millions and seuen hundred thousand crownes, although he shewed, that he had receyued from his friends not many yeares before his death, the summe of thirtie and fiue millions [ H] of crownes. True it is, that hee was accustomed to leaue vnto the children of the Testators, the legacies and successions that were giuen him, neuer taking any thing of their testaments whom he had not knowne: wherewith Cicero reproched Marc Antonie in open Senat, That hee had inriched himselfe by their testaments whom hee had neuer knowne; and yet Cicero confesseth that hee himselfe had gotten by testaments a million of crownes. But tyrants tooke all without any distinction: for there was no better meanes for any one to assure his testament, than to giue some∣what vnto the tyrant: but if the testament were imperfect, the tyrant seazed vppon the whole succession, the which is reproued by the law, for which cause the custom [ I] to make Emperours and Princes their heyres, ceased.

The fourth meanes to augment and intertayne the treasure, is by pensions from their alies, which are payed in time of peace, as well as in warre, for protection and defence against their enemies; or else to haue counsell, ayd, and comfort at need, according to the tenor of the treatie. I say, that a pension is payed by friends and alies; for a soueraigne prince which hath capitulated with another to pay him some thing yearely to haue peace without any treatie of amitie or alyance, is a tributary: as Amiochus king of Asia, the Seigniory of Carthage, the kings of Sclauonia, and many other princes and states were tributaries to the Romans, the kings of Arabia and Idumea to Dauid, and the princes of Asia to the kings of Persia. And for this [ K] reason the treaties of aliance betwixt the house of Fraunce, and the Cantons of the Swissers, specify, That the king shall giue an ordinary pension of a hundred pounds to euery Canton for a peace, and two thousand for an aliance, besides all extraordi∣nary pensions, and their pay in time of warre, & they to do him seruice in his court for the guard of his person: which doeth shew, that the Swissers and Grisons are pensioners to the king, considering the mutuall aliance, and the seruice they owe for this pension. In like sort he is no tributary that corrupteth his enemies Captaynes, as Pericles did to the Lacedemonian Captaynes, not (as Theophrastus sayd) to pur∣chase a peace, but to deferre the warre. But wee may say, that the Cantons neuer

made a more profitable league for their estate, both to inrich themselues, & to traine [ A] their subiects vp in armes at another mans cost, and also to send swaggerers and idle persons out of their countrie. By the account of him that payed the Cantons, the ordinary and extraordinarie pensions came yearely at the least to six score or seuen score thousand liures: and in the yere 1573 they came to two hundred eigh∣teene thousand liures. The pensions that were payd to the Germaine Commaun∣ders the same yeare, amounted to six score and twelue thousand liures, besides their entertainement in warre.

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

The kings of Persia and Macedone gaue none pensions but a small number of Orators and Captaynes of the Grecians: and the king of Egypt for seuen thousand crownes pension, which he gaue to Aratus, had the whole estate of the Atheians at his deuotion. And therefore it seemes strange to me, why our kings (besides the ordinary pension of the Swissers) haue giuen extraordinarily to about two thou∣sand of them which exceeded the rest in credit and dignitie; as king Henrie the se∣cond did, the which were knowne by their names and surnames, and gaue their ac∣quittances; beside the priuate pensions, the which were payed by roll, and came yerely to 49299 liures: happely it had bene better to haue giuen the moity of these pensions to few men of authoritie, and secretly without any acquittance: for some∣times [ E] a pensionar had rather lose the greatest reward of any prince, than to giue a note of his hand for the receit of the money: as that English lord Hastings, to whom king Lewis 11 gaue 2000 crownes pension, the bringer demaunded an acquittance for his discharge onely vnto the king as he said; whereunto the lord Hastings answe∣red, That he would receiue his pension, but he would giue him no acquittance: the which the king demaunded earnestly, to make vse of it in time, and to bring him in suspition of a traitor to his countrie. There are also somethings not only secret, but also dishonest, for the which pensions are giuen, although some hold nothing foule nor vnlawfull that is done for the benefit of his country; for my part I hold this fact

no lesse odious, that shall suborne the houshould seruants of princes to murder their [ F] masters, or if they cannot kill them by force, to poyson them, than hee that shall take a reward for so fowle a fact. Wherein Pericles was commended, who giuing vp his accounts, set downe an article of ten thousand crownes disbursed without warrant, shewing neither acquittance nor cause of it: the which the people allowed without any further inquiry, knowing well the wisdome and loyaltie of the man in the go∣uernment of the commonweale. It is most certaine, that a secret pensionar giuing an acquittance, is alwayes in feare to be discouered, whereby hee shall neither dare, nor be able to doe any thing in fauour of him that giues him a pension. Besides, it is dangerous when pensions are giuen publikely, the iealousie of such as haue none will be a cause of quarrels and partialities, as hath oftentimes happened in Swisser∣land, [ G] in such sort, as those which had lesse than others, or none at all, were very vehe∣ment to haue the priuat pensions put into the receiuers hands with the generall pen∣sions: the which the king denyed, saying, That he would rather restraine his liberalitie.

The fift meanes to gather together treasure, is by trafike, which the prince or the state vseth by his factors; although there be few princes that doe vse it: and by the lawes of this realme, England, and Germanie, it is not lawfull for the gentry to trade in marchandise, else must he lose his qualitie: and by the law Claudia, no Senator of Rome might haue a vessell at sea contayning aboue fourtie bushels. Questus omnis (inquit Lauius) patribus indecorus visus est, All gaine (saith Titus Liuius) was held vn∣seemely [ H] for the fathers. And afterwards by the Emperours decrees it was general∣ly defended for all gentlemen and souldiers, and by the Canons for all church men to trade in marchandise. And the Persians in a mockery called Darius, Marchant, for that he forced them to those charges, which at the first they gaue him volunta∣rily. But yet in my opinion it is more seemely for a prince to be a marchant, than a tyrant; and for a gentleman to traffike, than to steale. Who is ignorant, that the kings of Portugall being restrayned within straight limits, and not well able to maintaine their estates, yet loth to oppresse their subiects, haue for these hundred yeares traded without reproch, and to the great inriching of their states? In the yeare 1475 they [ I] discouered the rich mynes of gold in Guinee, vnder the conduct of Iohn bastard of Portugall; and twelue yeares after the spices of Calicut, and of the East; and conti∣nuing their course to the Indies, haue so wel traffiked there, as they are become lords of the best ports of Affrike, and haue seazed vppon the Ile of Ormus in despite of the king of Persia: they haue taken a great part of the kingdome of Marocco, and of Guinee, & forced the kings of Cambar, Calecut, Malache, and Canauor to do them homage, treating a league & commerce with the great Cham of Tartaria: they haue pulled from the Turks & Sultans of Egypt the greatest riches of the Indies, and filled Europe with the treasures of the East, passing euē to the Molucques: which the kings of Castile pretend to belong to them, by a deuision made by pope Alexander 6, not∣withstanding [ K] the marchants of Genua & Florence desired to free it for 35000 duc∣cats, which Iohn 3 king of Portugal had paid vnto the emperor Charles 5, & to giue 100000 ducats more that they might haue free passage to those ilands which; the K. of Portugal would not yeld vnto, making acount of the profit he draws from thence as of an infinit treasure, besides the gaine that comes to his subiects, hauing much im∣paired the wealth of the princes of the East, & of the Venetians, who haue indured so great a losse, as of all the calamities they indured during their warres with king Lewis 12, they receiued no such losse as from the Portugals, taking from them their gayne of the Easterne parts.

Neither doth the Trade of Marchandize ingrosse dishonour, or imbase the [ A] the Signiories and nobilitie of Italie, neither did Tully disallowe of it, but of such as sold by retayle, whome hee tearmed Sordido. As for the traffique which Princes practise vpon their Subiects, it is no traffique, but an impost or exacti∣on: which is, to forbid them to trade, and to put his subiects corne and wine in∣to his receiuers handes, to pay them at an vnder rate, and to sell it vnto strangers, or to the Subiects themselues, at his owne pleasure. This was one of the reasons which made Alphonso King of Naples most odious; for that he gaue his Swine to his Subiects to make fat, and if by chaunce they died, he made them pay for them: he bought the oyle in Apulia, and gaue his owne price; and the wheat in grasse, and sold it a gaine at the higgest price he could, forbidding all others to sell [ B] vntill he had sold his. But of all the traffiques and marchandize which Princes vse, there is not any more pernitious nor base, than the sale of honors, offices, and benefices, as I haue formerly sayd, the which may neuer be tolerated, but in the extreame necessitie of the Common weale, as the Venetians did, hauing spent in seuen yeres, that Lewis 12 made war against them, fiue Millions of Duc∣kats, whereof they had made 50000 Duckats of the sale of Offices. The like reason mou'd King Francis 1 in the yere 1527, to diuide the Ciuile from the cri∣minall Magistrates, setting all Offices to sale to them that would giue most. The which was more sowle and dishonorable in Pope Adrian, who three yeares before, not onely sold offices, but also benefices, as he did the Bishopricke of [ C] Cremona for 20000 Duckats, and had also resolued to leaue two hundred and twentie thousand Duckats, by halfe a Duckat for euerie chimney within the ter∣ritories of the Church, making his pretext of warre against the Turke. But for that these traffiques are so filthie, and of such dangerous consequence, the which being once begun, doe neuer cease, it were better to trie all other meanes, than once to giue way vnto them.

The sixt means to encrease treasure, is vpon the marchandize that are brought in, or carryed out, the which is one of the antientest and most vsuall in euerie Common-weale, and grounded vpon equitie; which kind of custome the La∣tines called Portoria, as they did the tribute of the publique farmes Decimas, and [ D] of pastures Scripturam, and it is reason, that hee that will gaine by another mans subiects, should pay some right to his Prince or Common weale. Wherof there be diuers kindes, the which were reduced within this Realme to one impost of twenty Deniers vpon the liure or pound, by an Edict made by King Henrie the 2. and after reuoked, lest the customes and imposts should bee confounded, the which might prooue preiudiciall. King Charles 5 abated the custome halfe, but afterwardes he restored it, the which was the twentieth part of the price, or fiue in the hundred, and so the ancient Romanes tooke for custome of forraine marchandize: but afterwards the Emperours exacted the eight part, the which they called Octuarium vectigal, as in our time they haue demaunded the twelfe [ E] part of the price. The Emperour of Turkie takes ten of the hundred of all Marchant strangers going out of Alexandria, and of his Subiects fiue in the hun∣dred. But in this Realme the contrarie is practised touching the salt, for the which the stranger payes nothing, but the duties of a Marchant, and the subiect payes fortie and fiue liures vpon the measure, contrarie to the Marchants rights. And although the Salt of France bee the best and most plentifull in all Europe, wherewith the lowe Countreys, England, and Denmarke doe store themselues, yet is it farre deerer to vs, than to them: for since that the Store houses of Salt

were let out, and the officers of the Custome suppressed, the measure of Salt [ F] which the Marchant sold for ten shillings starling, is now come to fiftie foure shillings: and since these warres, to eight pounds besides the Kings rights, and the carriage: so as all comprehended, it hath been sometimes sold for a hundred and eighteene Crownes the measure, whereby the poore subiect hath beene ruined and the stranger enriched, yea sometimes the stranger brings it againe secretly to sell in France. This priuiledge was giuen vnto strangers by Francis the 1. that they might bring commodities and money into this Realme, rather than into Spaine: notwithstanding since it hath been verie manifest, that the stranger cannot be without the Salt of France: for Charles the 5. hauing forbid∣den his subiects of the lowe Countreys not to fetch any Salt in France, the estates [ G] of the countrey made it knowne, that their fish (which is their greatest mar∣chandize) grew drie, and was spoyled with the salt that came from Spaine and Bourgongne, getting leaue with great importunitie to fetch their salt out of France, being the sweeter. It is most certaine that no salt can bee made of salt water on this side the 47 degree, by reason of the cold: and the salt of Spaine is too corosiue: so as if the stranger payd but a fourth part of that which the sub∣iect payes for the Kings rights, there would come an infinite masse of money into the Treasorie, for we often see the ships of England and the low Countreys come into France, onely with their ballast (hauing no commodities to exchange with them) to buy salt, wine, and corne, the which abound in this Realme, and [ H] will neuer fayle; whereas the Mynes of mettall, which growe in the bowels of the Earth, are wasted in few yeares: yet strangers seeke it in the center of the earth to bring into this Realme, and to carrie away commodities necessarie for the life of man: which a wise Prince should not suffer to be transported, but for the ease of his subiects, and encrease of his Treasure, the which cannot be done without raysing of the foraine custome: for the greater the forraine custome shall be, the greater benefite shall come into the Exchequer: and if the stranger fearing the impost, shall buy the lesse, then the subiect shall haue it the better cheape; for all wares, the greatest treasures will be where there are most thinges [ I] necessarie for the life of man: although there be neither Mynes of gold nor sil∣uer, (as there are fewe or none at all in this Realme,) yet notwithstanding doth feed a great part of Europe as King Agrippa sayd; and the countrey of Egypt hath neither Mynes of gold nor siluer, and yet both Affricke and Europe, are much releeued with corne which growes there. If anyone will say, that by the treaties of traffique betwixt Princes, they cannot raise a forraine custome, I must answere, that this may take place amonge those which haue treated with that condition, but there are few of them; and yet it hath neuer been much regarded: for euen in the lowe countreys and in England, the french Marchants were forced in the yeare 1557 to pay a crowne vpon euerie tunne of wine that came into the port, and the subiects payd nine french crownes for the impost, [ K] without any regard to the treatise of trafficke. And the yeare following, the the Queene of England did raise the forraine custome a third part, imposing thir∣teene shillings and a pennie vpon euerie peece of cloth, the which is a matter of great consequence: and I haue been assured from a Marchant of Antwerpe, that in the yeare 1565 there came in lesse than three moneths into the lowe coun∣treys a hundred thousand peeces of cloth, accounting three karsies or three cottons to a cloth. It is therefore expedient to raise the forraine customes to strangers of such commodities as they cannot want, and by that means increase

the treasure and ease the subiects; and also to abate the custome of marchan∣dise [ A] comming in, if the subiect cannot passe without them, you must raise the custome of things made by hand, and not to suffer any to bee brought out of strange countreys, and not to suffer any raw stuffs to be caried out of the land, as iron, copper, steele, wooll, flaxe, raw silke, and such like, that the subiect may haue the benefit of the workmanship, and the prince the forraine custome, as Philip king of Spaine, had forbidden his subiects by an edict made in the yere 1563, to requite the queene of England, who had made the like three moneths before, the like edict was made in France by King Henrie the second in the yeare 1552, concerning wools: but there was a Florentin, who hauing gotten a pasport by a courtiers means, caried away more wooll at one instant, than all other marchants [ B] had done before in a yere; and hauing it made into cloth at Florence, hee retur∣ned it into France, by the which he gained infinitly, the workmanship exceeding the stuffe fifteen parts: the which is a great incongruitie in matter of state and reuenewes, to forbid a traffique vnto the subiect, and then giue leaue vnto a stranger: for both king & Commonweale in generall receiue an irreparable losse, and the marchants in particular are ruined. Behold six means to gather together treasure without oppression of the subiects, vnlesse the custome of forrain mar∣chandise that be necessary for the life of man were excessiue. The seuenth means is vpon the subiect, the which they must neuer vse, vnlesse all the rest faile, and that necessitie forceth them to haue a care of the Commonweale, being sodenly [ C] oppressed either by the enemie, or by some other vnexpected accident; in this case seeing the defence of euerie one in particular, depends vpon the preserua∣tion of the generall, it is fit that euerie man straine himselfe; then are impositions laide vpon the subiects most iust and necessarie, and those charges which are then imposed vpon the citisens are religious and godly, without the which the citie were quite ruined. But to the end this extraordinary charge imposed du∣ring the warre, may not continue in time of peace, it is fit to proceed by way of borrowing; for that money is easilier found, when as he that lends hopes to re∣ceiue both his money againe, and thanks for his willingnesse. For when as Han∣nibal was in Italie, and did besiege euen Rome it selfe, the senate hauing con∣sumed [ D] their treasure, would not impose new tributes vpon their subiects and confederats, (a verie daungerous thing, being then prest by the enemie) but the senators with one consent, brought their gold and siluer vnto the receiuers, being followed by the people with great ioy. And Titus Liuius saith; Senectato∣res prosequisque aurum, argentum, aes in publicum conferunt, tanto certamine iniecto, vt prima inter primos sua nomina vellent in publicis tabulis esse, vt nec Triumuiri mensarij accipiendo, nec scribae referendo sufficerent. The senators bought their gold and siluer into the publicke with great contention, who should bee in∣rolled, so as the receiuers were not sufficient to tell it, nor the registers to in∣roll them. After the victorie obtained against the Carthaginiens, the senate [ E] decreed to pay what had been borrowed; but for that there was not sufficient in the common coffers to satisfie them, the creditors presented a request to haue part of the citie lands assigned vnto them, the which shuld be valued by the con∣suls, vpon condition, that it might be alwaies redeemed, and to pay an asse of smal rent to the receiuers for euerie acre, only for a marke, and as a witnes that it was the city lands, the which was done. If the commonweale hath not wherwithall to pay▪ neither in mony nor lands, & the enemy doth presse it, then is there no redier means, than to make choise of those which are ablest to bare arms, which shuld be

armed and entertained at the charge of others, as the antient Romaines did, so [ F] as the common good and health of the citisents was defended by some, with the wealth of others. This kind of tribute is called rash and extraordinarie. From hence these extraordinarie charges first tooke their beginning, the which after∣wards became ordinarie. As we read that Denis the tyrant, sometimes sought oc∣casions of war, or of fortifications, to the end he might haue cause to raise new imposts, the which he continued, after that he had treated with the enemie, or discontinued the fortresses begun.

If my wishes might take place, I would desire that such detestable inuentions might be buried with the author. There be three kinds of tributes that bee le∣uied [ G] of the subiect, some extraordinarie; others ordinarie; and the third which holds of both, and is called casuall: vnder which kinds is contained as well the reuenewes that rise of iurisdictions, seales, coynes, waights, and measure, as the money that is receiued vpon things sold, of what nature soeuer, or by gifts, le∣gacies, or successions, or by the sale of offices, or in manner of a taxe, be it in the regard of euerie mans person, (which kind of tribute is called Capitatio by the Latines:) bee it in respect of the moouable or immoouable goods, and of fruits which grow aboue or within the earth, as mynes and treasures, or that which is gathered at ferries, or passages, the which is rightly called Portorium vectigal, or of any other imposition that may be imagined, how filthie and beast∣ly soeuer, for tyrants alwaies thinke the sauor of them sweet; as that tribute [ H] which was vsually exacted from professed whores at Rome; and the sauing of vrine commaunded by Vespasian, the which his sonne taking vnworthily, the father held the first money that hee receiued next of that tribute, to his nose, as∣king him if it smelt ill, and hee denying it, Atqui inquit è lotio est, But sayth he, it comes of the vrine. Of which charges and impositions, the most ancient are reputed reuenewes, as the forraine custome; others are ordinarie, as taxes; and the last are extraordinarie, the which the Latines called temerarium tributum, a rash tribute: as subsidies imposed vpon free townes and priuiledged persons, tenths, charitable gifts equiualent to tenths, the which are leuied by commission. And to speake properly, the taxes, ayds, grants, tolles, and such like were meere [ I] subsidies and extraordinarie charges, before Lewis the ninth, who first leuied the taxe, as president le Maistre hath obserued: but hee doth not say, that it was as a necessarie subsidie during the warres; and that hee made an ordinarie receit thereof; but contrary wise adressing himselfe to Philip his eldest sonne and succes∣sor, he vseth these words in his testament, the which is yet found in the treasurie of France, and is registred in the chamber of accounts: Fili, religiosus imprimis er∣ga Deum esto: benignus & liberalis aduersus egentes, legum ac morum huius imperij cu∣stos ac vindex acerrimus: à vectigalibus & tributis abstineto, nisi te summa vis neces∣sitatis ac vtilitatis publicae iustissima causa ad hoc impellat, sin minùs, tyrannum te poti∣ùs, quàm regem futurum putato, &c. Sonne, be first deuote and religious towards [ K] God, be mild and charitable to the poore, obserue the good lawes and manners of thy realme seuerely, exact no taxes nor subsidies of thy subiects, vnlesse that vrgent necessitieor the profit of the Commonweale presse thee vnto it; if thou doest otherwise, thou shalt be esteemed a tyrant and no king, &c. Some one will say vnto me, That king Clotaire did exact the third part and reuenewes of churches: and Chilperis the 8 part of euery mans wine growing, and it seems that the impost of the 8 part of the wine, the which now is imposed vpon vinteners, tooke his beginning from hence: and that Lewis the yong during 4 yeres, tooke

the twentieth part of his subiects reuenewes in the yere 1167; yet it is most cer∣taine [ A] that this was but an extraordinarie subsidie during the warre, as that temerarium tributum imposed by king Charles the sixt, for it was decreed in our open Parliament, called by Philip of Valois in the yeare 1338, that no impost should bee raised vpon the people without the consent of the three estates: and in stead of three hundred and fortie thousand pounds starling, which king Lewis the eleuenth did leuie the yeare that he died, besides the ordinarie reuenewes of the crowne, the deputies of the three estates held at Tours, offered vnto Charles the eight, his sonne comming to the crowne, in manner of a beneuolence for two yeares, the like graunt that was made vnto Charles the seuenth, and for his entrance a hundred thousand crownes to bee paide for once onely, the [ B] which he might not afterwards challenge as a due, nor call the graunt a taxe or impost. The which hath been alwaies, and is still obserued in Spaine, England, and Germanie: as Philip Comineus said in open parliament, in the raigne of Charles the eight, That no prince had power to lay any imposition vpon his subiects, nor to prescribe that right without their consents. And wee see in all commissions sent out for the leuying of taxes, and subsidies, the king vseth that antient prote∣station to free them, as soone as necessitie would suffer him.

And althogh that Philip the long did exact but the fift part of a peny vpon euery two shillings worth of salt that were sold, yet he publickly protested to discharge the subiects of it. Philip of Vallois vsed the like protestation, being forced by [ C] the extremitie of warre to double the sayd custome, declaring by his letters pa∣tents in the yeare 1328, that he meant not to haue the imposition vpon the salt in∣corporate to the reuenewes; and yet there is no custome seems more easie than that of salt, the which is common to all the subiects: yet in the popular estate of the Romaines, and in the hottest of their Punicke warres, the impost of salt be∣ing set on foot by Liuius and Claudius censures; Liuius was called Salinator in de∣rision: but a peace being graunted to them of Carthage, it was taken away a∣gaine: either for that there was nothing more necessarie for the life of man, or for that it was done without the peoples commaund. And for that the lightest kinds of tributes and imposts seeme heauie and burdensome vnto the [ D] poore and weake, yet could not the senators maintaine the treasurie of Rome without new impositions: the people being freed from all taxes and customes by the law Valeria, after the expulsion of their kings: therefore C. Manlius the Consull made a law with the authoritie of the Senate, (the Armie lying at Sutri∣um) that such as were made free, should pay the twentieth part of all their sub∣stance into the Exchequer: with which tribute, although the citisens were no∣thing oppressed, yet being vnderstood, the Tribune made a defence vpon paine of death, That no man should attempt the like without the peoples priuitie. And Augustus made the law Iulia, That whatsoeuer should come to any one by inhe∣ritance, legacie, or gift for death, the twentieth part thereof should belong vnto [ E] the common treasure, both these impositions were profitable to the Common∣weale, and pleasing to either of them: to the one, for that they possesse anothers inheritance; and to the other, for that they obtaine their liberties. But for that the emperours which succeeded Augustus exacted the twentieth part of all in∣heritances and legacies, Traian therefore abrogated the said law Iulia, the which many haue labored to reuiue, changing the name of it: yet had they not then the hundred part of those tributes, which since the necessity of some, and the couetousnesse of others haue inuented. And when as Samuel prince of

the Israelites spake vnto the people, who demaunded a King of him, he added [ F] threats of bitter tributes, Ergo inquit regem habituri estis qui decimas fructuum, im∣peraturus est, Therefore sayd he, you shall haue a King which shall command the tenths of your fruits. Neither did Cipselus the first Tyrant of Corinth, ex∣act any other tribute of his subiects, but the tenths of their fruits: there were then no taxes, subsidies, tolles, and a thousand such like. So the greatest part of the Inuenters of these new Imposts haue lost their liues; as Philistus parasite to Dyonisius the tyrant, who being drawn out of the tyrants castle, was slaine by the people of Syracusa: and Parthenius or Proclerus, who was slaine by the people of Treues, for giuing counsell to king Theodoret to oppresse his subiects with new subsidies: and of late daies George Prescon Parasite to Henrie king of Sueden, was [ G] cruelly put to death in the kings pallace, and the king himselfe expelled his e∣state. What shall I speake of Achaeus King of the Lidiens, whom his subiects did hang by the feet with his head downeward into a riuer, for the subsidies which hee imposed vppon his people: and Theodoric king of France lost his crowne for it. How comes it that the Netherlanders haue reuolted from the Spaniard, but for that the duke of Alua would exact the tenth pennie of eue∣rie thing which was sold, whereby he would haue gathered an infinite treasor, or rather the wealth of all the countrey, being most certaine that one thing might besold often in a short time, and well knowne that the marchandise sold in one day amounted to seuentie thousand ducats, as a Spaniard himselfe did write. [ H] The Histories are full of these examples, for nothing doth sooner cause changes, seditions, and ruines of States, than excessiue charges and imposts. But as the Prince must haue a care not to impose any charges, but when warre doth force him, so must he take them away when he hath obtained a peace: yet must they not runne from one extreame vnto another, and abolish all imposts and taxes, ha∣uing neither lands nor reuenewes to maintaine the Common weale; as Nero the Emperour would haue done, who hauing wasted all the treasure, sought to abolish the tributes, whereof the Senate being aduertised, they thanked him for his good will to the people, yet they dissuaded him from doing it, saying it would be the ruine of the Commonweale. Many seditious citisens, and desirous of [ I] innouations, did of late yeares promise immunitie of taxes and subsidies to our people: but neither could they doe it, or if they had could, they would not, or if it were done, should we haue any Commonweale, being as it were the ground and foundation of a Commonweale. There were more reasons to haue the ex∣cessiue gifts cut off and reuoked, and that an account should be made of the trea∣sure wasted: but to take away all impositions before that the reuenewes bee re∣deemed and the debts payd; it were not to repaire, but to ruine the state. And most of these men which seeme to vnderstand the affaires of state so well, are greatly abused with an old inueterate opinion, that all charges and imposts must be reduced to that proportion that they were in the time of king Lewis the 12, [ K] and consider not that since that time gold and siluer hath come in so great abun∣dance from the new found Lands, namely from Peru, as all things are growne ten times deerer than they were; as I haue prooued against the Paradox of Malestroit: the which may bee easily seene in the antient customes and contracts of this Realme, where wee shall find the value of fruits and victuals to bee ten, yea twelue times lesse than it is at this day. Wee find in the Registers of the chamber of Accounts, That the Chancellor of France in the time of S. Lewis, had for the charges of himself, his horses, and seruants, seuen soulz Parisis allowed

him a day; the which is not eight pence halfe-penie of our money: and if hee [ A] stayd in any Abbey, or other place where he spent nothing for his horses, it was then abated in his wages. I haue shewed that Charles the 5. king of France payd but 31000 crownes for the countie of Anxerre: and that the duchie of Berrie was bought by Philip the 1 of Herpin, for threescore thousand crownes: and the countie of Venice and Auignon were engaged for fortie thousand Flo∣rins. To conclude, I haue made manifest that many Earledomes, Baronies, and great Signiories haue beene sold a hundred or sixe score yeares since, twentie times better cheape than they are nowe, for the aboundance of gold and sil∣uer that is come frō new found Lands: as it happened at Rome, when as Paulus Aemilius brought such infinit store of gold and siluer from the realme of Ma∣cedon, [ B] suddenly the value of lands did rise to bee treble in price: and at what time Caesar brought the treasure and spoyles of Egypt to Rome, then did Vsurie fall, and the price of lands did rise: euen as it happened to the Spaniards after the conquest of Peru by Frauncis Pizara, a small vessell of wine in that country cost 300 ducats, a Spanish cape of Frizado a thousand ducats, and a Iennet sixe thousand; the which was by reason of the aboundance of gold and siluer which they found at Peru, and brought into Spaine: and namely of the ransome of king Atabalipa; who paid the value of ten millions, three hundred twentie and sixe thousand ducats, besides twise as much that came to priuate men, cap∣taines, soldiors, and euen to the receiuers themselues, as Augustus Zarata ma∣ster [ C] of the Accounts to the king of Spaine doth testifie. Since great store of gold and siluer hath beene brought out of Spaine into France to buy corne and o∣ther necessarie commodities, which are transported into Spaine in great abun∣dance, so as the prices of all things haue risen: and so by consequence the wages of officers, the pay of souldiors, the pensions of captaines, and in like sort eue∣rie mans employment, and by the same reason the rents of Farmes haue, risen; for he that had but ten pounds a yeere rent, hath now a thousand of the same fruits he then gathered: wherein they are greatly abused that would reduce the prices of corne and victuals to the antient orders. We must then conclude, that the account of the reuenewes vnder king Charles the 6 in the yere 1449, [ D] which came but to fortie thousand pounds starling; was not much lesse (in regard of the value of things) than the reuenewes of fourteen hundred thou∣sand pounds starling, the same yeare that Charles the ninth died, in the yeare one thousand, fiue hundred▪ seuentie & foure; and yet the people complained at both times that they were oppressed with tributes. And the ransom which king Lewis the 9 paid to the sultan of Egypt of fiftie thousand pounds starling, was not much lesse than that of king Francis the 1 of three millions of crownes: and although that king Iohn were set at the same ransome by the king of England, yet was it held so excessiue, as they were six yeares in leuying of it; but Frauncis the same yeare a peace was concluded, sent his ransome into Spaine. We must iudge the [ E] like of the yearely pension of 900. pounds, that was assigned vnto Charles the faire, sonne to Philip, not to be lesse, than that of ten thousand pounds starling yearely, that was giuen first to Henrie, and then to Frauncis dukes of Aniou from king Charles the 9 their brother. And much more honourable might they liue with that pencion, which I made mention of vnder Philip, than with that which Charles the 9 gaue vnto his brethren. Nor the Dowries of 400000 crownes assigned to euerie one of the daughters of king Henrie the 2, were not so great as those of sixtie thousand crownes assigned to the daughters of

France by the law of king Charles the 5. The like may be spoken of other [ F] people, as in old time in the East, so at this present in the West. For we read in Strabo, that Ptolomie the piper, the last king of Egypt of that race, did raise vp∣pon the countrey of Egypt the value of seuen millions, and fiue hundred thou∣sand crownes a yeare, and sultan Solyman did leuie but a hundred thousand du∣cats of the same countrey, as appeared by an extract of the reuenewes made by Gritty a Venetian, in the yeare 1520, when as the estate of the whole reue∣newes came not to aboue foure millions; for foure yeares after he raised it vnto six millions, as Paulus Iouius saith, and now he leuieth aboue twelue millions year∣ly, for the great abundance of gold and siluer, that is brought out of the West and East; which summe notwithstanding may seeme but little, for that we read in [ G] Plutarch, that the dictator Silla did taxe the charges of Asia the lesse, before the conquests of Lucullus and Pompee, at twelue millions of crownes, the which is not aboue the sixt part of the Turks empire.

Sometimes the bountie of the land, and the great trade, and oftentimes the vn∣reasonable greedinesse of princes to heape vp treasure, make some richer than others: It is well knowne that Charles the fift gathered more reuenewes out of the duchie of Milan; then king Francis the first, at the same time did leuie in this his realme, which flowed in all abundance; who doth not know that he com∣maunded more out of the lowe Countreys, than the reuenewes of England [ H] were esteemed in those daies. Some one not long since, (seeking to perswade Charles the ninth to encrease his taxes) did pernitiously maintaine in open coun∣sell, that Cosme duke of Florence did raise out of his estate six millions, hauing but a small territorie: the which was false, for hee receiued out of the estate of Florence, but twelue hundred thousand crownes, and out of that of Sienna two hundred thousand at the most. But a new prince shall doe wisely at his first en∣trance, to cut off the extraordinarie exactions of his predecessor, or at the least a great part of them, as well in regard of his owne dutie, as to get the good will of the people, if he be required; yea before he be required, and not to imitate Roboam, who following the wicked counsell of wicked men, did not onely re∣fuse the humble petitions of his subiects, but vowed openly that he would bee [ I] crueller than his father had been, whereupon ten tribes fell from him, and crea∣ted them a new king. True it is, that to hold a certaine estate of impositions, they must be made in their proper kinds, as in corne, wine, and oyles; and as for mar∣chandise in siluer, it is the forme which the kings of Poland haue alwaies, and doe still vse, and the king of Ethiopia receiues cloth and other marchandise for his custome. But to require to haue taxes and subsidies quite taken away, or reduced to the antient custome, without any regard of the value of things, or the changes that haue happened; this were not to relieue, but to ruine an estate.

It is an ordinarie thing in changes from a tyrannie to a popular estate, to abo∣lish [ K] all imposts, taxes, and subsidies for a signe of libertie, as they did in Rome, at the request of the consull Valerius, after they had expelled their kings: but eue∣rie man was faine to goe to the warre at his owne charge▪ then afterwards to pay the soldiors, and afterwards to taxe themselues by the raising of new imposts. True it is, that the Romaines did therein shew themselues verie iust: for at that time there were none that bare the charges, but the noble and the rich, the poo∣rer sort went free; and now adaies we see none but the poore pay, and the rich goe scot-free. The like was in Suisserland, and at Lindaw, after they had expelled

their Lords. Other doe free the chife cities and great Lords, and charge the [ A] weaker lort: as the Athenians did, when they were the stronger, they did free their owne citie against the tenor of the allyance made with the other cities of Grece, and in stead of sixtie tallents, they so augmented it, as in lesse than three∣score yeares they made them pay twelue hundred yearly, the which amounts to 720000 crownes. And when as Themistocles captaine of the Athenians, deman∣ded the tribute of the Adriens, saying; That hee would bring with him two mightie gods, Force and Loue: they answered, That they had two more migh∣tie, Pouertie and Impossibilitie.

And commonly the greater cities lay the burthen vpon the champian coun∣trey, [ B] and the richest peasants vpon the poorer, as it hath been heretofore in this realme, whereas the great cities were freed; and in old time the citie of Babilon (the greatest that euer was) remained free from all charges: the which is done lest the greater should hinder the imposts. But it fals out as in mans bodie, where as the strongest and noblest members cast all superfluous and vicious humors vpon the weaker, and when as apostume is so swolne as the weaker part can en∣dure no more, then must it breake or infect all the members: euen so it fals out when as the rich cities, the nobilitie and the clergie, lay all the charge vpon the poore labourer, he sinks vnder his burthen like vnto Aesops Asse, and the horse which would carrie nothing; that is to say, the nobilitie and the clergie, are for∣ced some to carrie the tenths and extraordinarie subsidies, others to sell their [ C] goods, to make warre at their owne charge, and to pay the taxes and imposts di∣rectly or indirectly. For the like cause, the nobilitie and clergie of the realme of Denmarke haue been forced to taxe themselues since the yeare 1563, to main∣taine the charges of the warre; but it was vpon condition, that the king should not meddle with the money. The nobilitie and clergie of England, euerie man (according to his abilitie) was subiect to taxes & subsidies, according to the anti∣ent custome of the Grekes and Romaines; yea almost of all nations. I except our nation the French, with whom, as Caesar saith rightly: Nihil est plebe contemptius, Nothing is more contemptible than the common people.

To remedie this inconuenience, the antients did wisely order, That all char∣ges [ D] should be reall, and not personall; as it is put in practise in Languedoc, and since in Prouence by prouision, according to the disposition of the lawes, to the end that the rich and the poore, the noble and the peasant, the priest and the laborer▪ should pay the charge of their land that is to be taxed: the law exempts neither bishop nor nobleman. In other gouernments, if there be a clergieman, a noble man, a counsellor, & a vigneron, the last paies for all, and the others are free, not only for their sees, but also for other tailable lands. If then necessitie force the prince to raise some extraordinary imposts, it is needfull it should be such as eue∣rie one may beare his part, as is the impost of salt, wine, and such like things. And to take away occasion of seditions, which doe often chaunce for the impost of [ E] small things sold by retaile, it were expedient to conuert that impost into a ge∣nerall summe, as it was put in practise by Charles the fift, with the consent of the estates, for the freeing of king Iohn, the which was 12 deniers vpon euerie liure, or two shillings of goods that were sold; the which was changed to an equiua∣lent, first in the countrey of Languedoc in the time of king Lewis the eleuenth, yeelding for the said impost 6000 pounds starling yearly: and the like hath been also done in Auuergne for the salt, the which the countrey hath exchanged into a certaine summe: and for the same reason the impost which was taken vpon all

small wares, haue ben abolished in many Commonweales, for the complaints, se∣ditions, [ F] and exclamations of the poore people against the toll-gatherers, who al∣waies tooke more in the kinde than they ought. But if any one shall demaund of me, which kind of imposts are most pleasing vnto God, most profitable to the Commonweale, and most desired of good men, for the reliefe of the poore: it is that which is layd on those things which serue onely to corrupt the subiects, as all kinds of dainties, perfumes, cloth of gold and siluer, silkes, cipresse, laces, rich colours, womens painting, pearles, precious stones, and all kinds of works of gold, siluer or enamell, & such like things, which are not to be forbidden: for such is the nature of man, as they esteem nothing more sweet & goodly than that which is stricktly forbidden them; and the more superfluities are defended, the [ G] more they are desired, especially of men that are simple and ill bred: you must therefore raise them so in price, by means of the impost, as none but the rich and those that are curious shalbe able to buy them. And therefore these princes that liue towards the North, lay great imposts vpon wine, the which although it be dere, yet their subiects are so desirous thereof, as they drinke themselues drunke. And for this cause Cato the censor was commended, for that he layd a great im∣post vpon the sale of slaues, that should exceed fiftie crownes price, for that such marchandise could not be warranted.

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

There was also another impost of ten shillings vpon euerie sute in law that was not criminall, to punish those that were too apt to plead, the which many [ K] haue found strange, and in the end haue taken it away: but there was neuer any more needfull in this realme, where there are more sutes than in all the rest of Europe, the which haue much increased since the time of king Charles the sixt, when as an edict was made, to take away the antient custome, by the which no man was condemned to pay any charges that had lost his sute: for in former times they were not so apt to plead: and it may be▪ our antient fathers▪ knowing the dispositions of the French, had brought in this custome (although it were vniust of itselfe) to diuert the subiects from attempting of sutes rashly. And al∣though

the Romaines in a free Commonweale could hardly beare any imposi∣tion [ A] or tributes, yet did they willingly endure a taxe set vpon sutes and contro∣uersies, much more heauie than that which was imposed in the time of Charles the ninth, by the which, he that did attempt a sute against any man, was forced to consigne two crownes into an officers hands; the which hee should receiue againe from the aduerse partie, if he did recouer his suit, or if he were vanqui∣shed, to loose them as a punishment of his rashnesse: but the Romaines tooke the tenth part in all ciuile causes, and the fift in criminall, as Pompeius Festus doth witnesse: yet Marcus Varro writes, that either of the parties did lay downe fiue hundred asses, which coms to about 10 shillings of four mony; and he which won, recouered his money which he had consigned, and this was besides the thing [ B] for which they contended, the which was called Sponsio & sacramentum, and if any one refused to consigne, hee yeelded to the other. The Hebrews did al∣waies cause him that did willingly denie a debt, to pay it double, as wee read in their pandects. And although the consignations which were made in Rome vpon suits were diuers, yet the emperour Caligula extorted against reason, the forti∣eth pennie of all that was demaunded by law, without any prefixion or limitati∣on, whether the cause were iust or vniust. But of all marchandise which tend to pleasure▪ lust, and pompe, the imposition is honest and profitable, seruing to no other end but to corrupt the simplicitie of the subiect, the deerest of all (which is Amber gris) the which is valued but at twelue pounds starling, should be pri∣sed [ C] at 300 crownes.

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

And although we had many excellent wits and of great iudgement, yet had he abused many with his opinion, if we had not laid open his errour and deceit. [ E] He supposed that France was two hundred leagues long from Bologne to Mar∣seilles, and as much from Mont S. Bernard, to S. Iohn de Luz; and by this he con∣cluded that France had fortie thousand leagues in square, and that euerie league contained fiue thousand acres of ground, which amounted to two hundred millions of acres, of the which he abated the one halfe for waters, waies and wast land, and of the rest hee would haue the king take a soulz for an acre, the which amounts to fiue millions: then he made an estimate of six hundred thou∣sand townes and villages, and in them twentie millions of fiers, of the which he

would haue the king take six pence of euerie fier, which comes to six millions [ F] and two hundred and fiftie thousand liures. Moreouer he made an account of fifteen millions of all sorts of marchandise, of the which he tooke a soulz of the marchant for euerie thousand liures, making the former twelue millions. And vpon the said six hundred thousand townes and villages, one with another ele∣uen soulz apeece, the which comes to twelue millions, and six millions and a hundred of liures more, which then the foure tenths came vnto, all which make thirtie millions, besides the aids, taxes, customes, grants, imposts, subsidies, and reuenewes of the crowne, which came then to fifteen millions, wherein his de∣ceit was verie apparent; first making France square, the which is in fourme of a Lorange much lesse than a square; next he makes the fertill land equall to that [ G] which is wast and fruitlesse (although there is not any land, be it neuer so fertill, whereas two third parts at the least lyes not wast) taxing the nobilitie and the clergie as well as the rest. And as for 600000 townes and villages, it is an impu∣dent lye; for that by the extracts drawne out of the chamber of accounts, and brought to Blois to the estates, there were found to be twentie seuen thousand and foure hundred parishes in France, taking the greatest towne but for one parish, and the smalest villages hauing a parish for another: and in truth the num∣ber of parishes taken by king Henrie the second in the yeare 1554, came but to 24824 parishes, besides Bourgogne & Poictou, and the impost of three pounds starling vpon euerie parish, came but to threescore and fourteen thousand foure [ H] hundred eightie one pounds. Ierosme Laski a Polonois, father to the Palatin Laski, whom we haue seen Ambassador in France, inuented another manner of meanes than this former, to encrease the treasure, giuing aduise to raise three imposts vpon the subiects, and to make three mounts of pietie (for so he calleth them.) The first was in taking the moitie of euerie subiects reuenews, for once: the second was the twentieth part of his reuenewes yearely; and the third was to haue the eight part of things sold in grosse, or by retaile. But his aduise was reiected as pernitious and most impossible: for in matter of impositions there is nothing that doth more kindle seditions, than to charge the subiect with many things at once, especially a war-like people, and bred vp in libertie, as those [ I] of Polonia bee. And yet he gaue a goodly name to a wicked and pernitious in∣uention, calling the grounds of such impositions, Mounts of pietie. For the mounts of pietie in the cities of Italie are profitable, honest▪ and charitable, & inuented to ease the poore; and those of Laski do ruin them. There are mounts of pietie at Florence, Sienna, Luques, and other cities, whereas he that hath one daughter, the day of her birth hee may put what summe he will into the mount of pietie, vpon condition to receiue ten times as much to marrie her withall, when she comes to the age of eighteene yeare; but if she dies before, then doth it accrue vnto the mount, vnlesse the father hath other daughters, to whom the portion shall come successiuely. Another mount of pietie is, for the lending of [ K] money to poore men at fiue in the hundred, giuing a sufficient pawne, and not aboue ten crownes; if the debter paies not his ten crownes at the time prefixt, the pawne is sold to him that wil giue most, and the surplusage deliuered vnto the debtor: this is done to preuent excessiue vsuries, (wherewith the poore in those countreys are ruined) and the seazure and selling of moouables at an vnder price.

Notwithstanding I find that the emperour Antonine surnamed the Pius or godly, inuented a better mount of pietie, which was to deliuer out the money

that came cleere into the treasurie, all charges paid for fiue in the hundred vpon [ A] good and sufficient caution. By whose example Seuerus restored the treasure that was wasted, and the marchants and poore men gained much by traffique: and the publicke in a great summe did also gaine much: for if they lent a million, at the yeares end they did get fiftie thousand crownes for the publicke, and pri∣uate men got twise as much by traffique: and besides all this, the greatest benefit that did arise, the publicke treasure was assured out of the pawes of theeues and horse leeches of the court. And for this reason onely as it seems, the emperour Augustus long before, was accustomed to lend the money which came cleere into the Exchequer, without any interest, giuing good assurance of land; and vp∣on a penaltie to forfeit the double, if it were not paid at the day: by this means the [ B] publicke treasure was not idle, nor wasted by the princes prodigalitie, nor ex∣hausted by theft, but a great benefit redounded to all in generall, and to many in particular. And here some one may obiect, that although Augustus did not lend the publicke money for interest, yet hee imposed a penaltie of the double, if it were not paid at the prefixed day, the which is greater than any vsurie and ther∣fore forbidden by the law. In my opinion, that penaltie is then disallowed by the law when we stipulate any thing fraudulently, and aboue the lawfull inte∣rest: but he that hath taken the publicke money, and restores it not at the appoin∣ted day, he commits theft; it is therefore the penaltie of theft, and not of vsurie.

Those princes therefore did wisely in old time, which prouided for [ C] the necessitie of the Commonweale, and the profite of priuate men. But the contrarie is vsed in our daies; for princes in stead of giuing out vpon reasona∣ble interest, borrow and pay vnreasonable vsurie: and not onely princes, but also lords and Commonweales, some more, some lesse: those which haue been held the most frugall, as the Venetians, borrow alwaies at fiue in the hundred, without any hope to recouer the principall, or at foureteene in the hunded, so long as the creditor shall liue. The colledge of Saint George at Genes takes money of all men at fiue in the hundred, and deliuers it out againe at the highest interest to princes and marchants; whereby they are so enriched, as they haue redeemed the Isle of Corsica, and the lands [ D] of the Commonweale. Priuate men had rather take fiue in the hundred of the colledge, to bee assured of their principall, than much more of priuate men, who oftentimes become Bankerupts: the Venetians haue alwaies lost, and shall loose, so long as they shall take eight in the hundred or more: or else they must abate their interest, as they haue by little and little abated Mount Vec∣chio, cutting the creditors so short, as they dare not so easily put in their money as they were woont.

This meanes was also brought into Fraunce by the cardinall of Tournon, at such time as hee was in credit with king Frauncis the first, whom he per∣suaded (by the instigation of certaine Italians) that there was no other meanes [ E] to draw the money from all parts into Fraunce, and to frustrate the enemie here∣after, than to settle a banke at Lion, to take euerie mans money, and to pay him eight in the hundred, so as in short time hee should get into his hands all the money of Italie and Germanie: but in effect the cardinall sought to assure an hundred thousand crowns which he had in his coffers, & to get all the interest he could. Letters patents being granted, at the opening of the bank, euery man came running from France, Germanie and Italie, so as king Frauncis the first, when he died, was found indebted to the banke of Lion, fiue hundred thousand crowns,

the which he had in his coffers and sometimes more, and a peace concluded with [ F] all the princes of the earth. But the raigne of Henrie his sonne grew most lamen∣table, for hauing wasted his fathers treasure, and standing in need of money in the yeare 1554 borrowed at ten, twelue, and sixteene in the hundred, of the Caponyes, Albicis, and the Foucquers of Germanie, and when he was not able to pay the interest, he promised the creditors interest vpon interest. The empe∣rour Charles 5 did the like for his part; true it is, he payd but ten and twelue in the hundred. And the same yeare Henrie the eight king of England, borrowed a hundred thousand crowns of the German marchants at twelue in the hundred: euerie one hoping to draw money and wealth vnto him by the desire of vsurie. And whereas our king Henrie the second thought to draw most money vnto him [ G] by paying of more interest than the emperour or king of England, he began to loose his credit, for the wisest husbands concluded that in the end he would not be able to pay neither principall nor interest; for the interest of sixteene in the hundred, came at the least to eighteene in the hundred▪ detaining the interest which he could not pay: whereas the emperour made shew that he would free himselfe, giuing cities and communalties for cautions, paying the old debts with new borrowing, and euerie man lent him seeing him pay so willingly. But at this day many will free both principall and interest, to haue but thirtie paid them for a hundred; so as after the death of Henrie, all was filled with the complaint of creditors: and such princes and Signiories as had money in the banke at Lion, [ H] were much altered, and not onely the Signiories of the Cantons, the princes of Germanie and others had their parts there but also Bashas & marchants of Tur∣kie were there in their Factors names for aboue fiue hundred thousand crowns; and nothing did more with hold the great Turke from succoring of the French in their last voyage of Naples, vnder the duke of Guise, than the not paying of foure thousand crownes for interest to Rustan Basha, besides the ten thousand which la Vigne the ambassador carried him in the yeare 1556, fearing to loose his principall, as I haue learned by letters and instructions from la Vigne, for ma∣ny did not buy rents for a certaine summe of money, but would haue the inte∣rest pure and simple, and vppon condition that they should haue their principall [ I] againe: as many Italians doe with priuate men, to whom they lend their money simply hauing them bound both bodie and goods, without making any menti∣on of interest, and yet by a verball agreement, they promise sixteene or twenty in the hundred; if he faile to pay the interest, they seaze vppon bodie and goods for the principall: and although the interest be paid, if they haue need of their principall▪ they proceed by way of execution against the debtor, for he hath ne∣uer any quittance nor witnes for the interest which hee receiueth. Behold by what meanes they draw the money out of this realme.

There are other trickes which I forbeare to touch, but for this cause king Le∣wis the ninth in the yeare 1254, and Philip the Faire in the yere 1300 did banish all [ K] Bankers and Italian marchants out of Fraunce, confiscating their goods: and to discouer the debts that were owing them, it was decreed that the debtors shuld be freed from all arrerages and interests, paying the principall to the treasurers. And since, in the yeare of our Lord one thousand three hundred fortie and seuen, Philip of Valois for the like cause did forfeit all their goods: for it was ve∣rified by the processe that was made, that for foure and twentie thou∣sand pounds starling, they had in few yeares profited two millions and foure hundred and fortie thousand pounds starling: and in hatred of such

vsurie the Lombards letters haue been alwaies taxed in the Chancery at double▪ [ A] and although these people haue been often banished the realme, yet there were neuer more in any place, nor will euer bee wanting, so long as princes take vp at interest. Since and before that the banke of Lion was broken, most of the cities of this realme haue lent vnto the king vpon the reuenews, customes, imposts, and tenths for reasonable interest, and those which held themselues to be of best iudgment in matters of state and treasure, aduised it for two ends, the one to haue money at need; the other to bind the cities and communalties more vnto their prince, yet we haue neuer seene more rebellions since the establishment of this realme. And as for the treasure, it hath been so well husbanded, as in lesse than twelue yeares that king Henrie the second raigned, hee did owe more than his [ B] predecessors had leuied fortie yeares before, for all charges: for by an account made in the yeare 1560, king Frauncis the second, successor to Henrie, did owe two millions three hundred twelue thousand six hundred and ten liures, eigh∣teen soulz six deniers, of money lent freely, for the which he paid no interest: and fifteene millions nine hundred twentie six thousand fiue hundred fiftie and fiue liures, 12 soulz and 8 deniers, for the which he paid interest: and he ought more for arrerages seuen hundred threescore and fifteene thousand, nine hundred threescore and nineteene liures, foure soulz, and foure deniers: besides the debt of Ferrara, and other debts for marriages, which came to eight millions fiue hun∣dred and fourteen thousand fiue hundred fourescore and twelue liures, eigh∣teene [ C] soulz and eleuen deniers: and other remainders due, to the summe of fif∣teene hundred threescore and foure thousand, seuen hundred fourescore and se∣uen liures, two soulz, and six deniers: so as by the last article the king remained indebted one and forty millions, a hundred fourescore three thousand, one hun∣dred threescore and fifteen liures, three soulz, six deniers: comprehending four∣teene millions nine hundred threescore and one thousand seuen hundred four∣score and seuen liures fifteene soulz and eight deniers, for the aides, reuenewes, and customes engaged, to cities, corporations, and colledges, and to priuat men: amōgst the which the citie of Paris hath had yerely three millions one hundred & so many thousand liures, comprehending the tenths: moreouer the clergie hath [ D] furnished aboue threescore millions in the time of king Francis 2, and Charles 9. Although the emperour Charles 5, and his successor haue run the same fortune, for that they took vp at interest, being indebted aboue fifty millions, for the which all the lands, and reuenews of Naples and Milan were engaged to the Genewais and other priuate persons, who now are called in question, for that they had ta∣ken of the king of Spaine in his necessitie thirtie and fortie in the hundred; and to effect it, they haue caused the catholicke king to be censured by an admonition from the Pope, if he continued those excessiue vsuries; who embracing this occa∣sion, defrauded his creditors of ten yeres interest. We must not think that the Spa∣niards will suffer themselues to bee easily gulled by the bankers of Italie, as the [ E] French do, who suffer them to inioy the farmes & al the best reuenews of France, the taxes, imposts, customes and doanne of Lion, by meanes of which farmes they ransome the subiects, and transport the coynes, contrary to the laws of this realme, which forbid to suffer strangers to enrich themselues by the reuenews of the crowne: nay, it hath been more insupportable to preferre them before na∣turall subiects, which offered much more, & yet they had an abatement of twen∣tie thousand crownes at one instant out of the custome of Lion, to the perpetuall infamie of the French: and least they should be molested and drawn in question of

theft, they haue gotten an euocation of all their causes to the priuie councell. [ F] The originall of all these miseries growes from Frauncis the first, who began to take vp money at intrest, hauing 1800000 crowns in his coffers, and peace with∣in his realme: no well aduised prince will euer take that course, for thereby hee shall ruine the foundation of his treasure, if he will keepe his faith and pay; but if he will not, or cannot pay, then must he breake and loose his credite, which is the ruine of an estate: for he must borrow, leuie taxes, impositions, and in the end by slaunders, and tyrannies forfeit his subiects goods. Then is it most fit and necessarie for a prince to borrow money vpon interest of his allies and subiects, if that hee bee in danger to loose his estate, by some generall reuolt, or the con∣spiracie of some great men against him▪ for extreame remedies are to be sought [ G] in extreamest dangers: as we read that Eumenes did, who borrowed a great sum of money at extreame interest, of those that had conspired his death. Agrippa king of Iudea, recouered his realme by the meanes of his creditors, who trou∣bled both heauen and earth for the assurance they had to bee payd: and this was also the chiefe meanes to restore Edward the fourth king of England, being ex∣pelled his kingdome. But if the princes creditors haue assurance to bee paid by his successors, or that they haue lands in pawne, then this course is vnprofitable. I haue set downe the meanes which in my opinion are profitable and honest to gather together treasure, the which is the first point of this chapter: the second is how to employ the treasure of the Commonweale well and honourably, the [ H] which wee haue partly toucht in the chapter of rewards and punishments. Let vs adde hereunto what remaines.

In old time the first article set downe in the expences of the treasure, was for almes deeds; the second for the kings house; and the third for reparations: but the order is quite changed. As for almes-deeds, the wise and antient princes of the Hebrews, haue left this discipline to posteritie, the which they receiued from the holy Prophets, who sayd, That the surest preseruation and defence of treasure, were Almes deeds, and liberalitie to the needie; the which they restrai∣ned to the tenth part of euerie mans goods, which should bee employed vpon the ministers of the church and the poore. And if we will looke aduisedly in∣to [ I] it, we shall not find any prince, state, or family that hath flourished more in ri∣ches, honours, and all happinesse, than those which had most care of the poore and needie. In old time there were no princes vnder heauen more charitable than our kings of Fraunce, since Robert sonne to Hugh Capet, who gaue the first example to his subiects and successors to be charitable to the poore, feeding a thousand daily, giuing them horses to follow the court, to blesse him and pray for him; and to speake truly, there was neuer king in this realme that raigned lon∣ger and in greater peace. We may iustly say of our kings, that there is no race vn∣der heauen that hath so entertained the greatnes of their maiestie in armes and laws, and out of the which there hath issued more princes▪ or that haue raigned [ K] longer without offence to all other princes, Christians, Turks, Tartars, Persians, Indians, and Ethiopians. What prince euer was more charitable to the poore, than Lewis the ninth, who hath founded twentie eight hospitals and colledges in this realme; and had commonly in his traine six score poore folks, and in Lent twelue score, feeding them with meat from his owne table? he also liued in great honor, being feared of his enemies, reuerenced of his friends, honored of his subiects: and after that he had raigned 44 yeres, he left fiue sonnes, and foure daughters, and a kingdome flourishing in armes and laws to his successor, recom∣mending

vnto him aboue all things to be deuout to God, and charitable to the [ A] poore. Neither may we forget Iames the fift king of Scotland, who was called Rex egentium, The king of the needie; who as he exceeded all the princes of his time in bountie, so did he surmount all his predecessors in riches. And contra∣riwise we see great families, states, realmes, and empires come to pouertie and ruine, hauing contemned the poore, and abandoned the subiect to the spoile of the soldior, and the thefts of toll-gatherers: when as king Henrie the second in the yeare 1549, did exact that extraordinarie tribute which they called Taillon, he promised not to employ that money to any other vse, than to the entertain∣ment of his men at armes, and not to confound it with the ordinarie receits, that the subiect might be freed from the spoile of souldiers. The like was said, when [ B] as the realme was charged with the paiment of 50000 footmen in the time of king Frauncis the first, the which should be leuied vpon walled townes and their suburbes, which felt nothing of the oppression of the souldier; but notwith∣standing since they haue made it equall to towne, village, and hamlet, in the yere 1555, whereby the poore countreyman hath ben doubly oppressed, for they pay, and are spoiled of all sides. And yet with all these charges, they would hold them∣selues happy, if they might bee freed in prouiding corne and victuals for the souldiors at an vnder▪rate, what may then bee hoped for in those ci∣ties whereas the souldiers robbe and spoile the poore subiects with all impuni∣tie, and insult more ouer the citizens than against the enemie? but for an excuse, [ C] they pretend they are not paid, neither would they be, to the end they might haue some colour for their thefts. There is no meanes to redresse these calami∣ties, and to restore in some sort militarie discipline, which is now quite decaied, but in paying the souldiers: for as Cassiodorus said, Disciplinam seruare non potest ieiunus exercitus, dum quod deest semper presumit armatus, A fasting armie can ne∣uer obserue good discipline, for what they want, they will presume to take by force: the which cannot bee done vnlesse there bee a great care had of the treasure. The kings house therefore entertained, the souldiers and the officers payd, and due rewards giuen to them that deserue them, it is great reason the poore should be remembred. And if the treasurie bee well furnished, a part [ D] would be employed to repaire townes, to fortifie vpon the frontiers, to furnish places of strength, make the passages euen, build bridges, fortifie the ports, send ships to sea, build publicke houses, beautifie temples, erect colledges for honor, vertue, and learning: for besides necessitie of reparations, it brings great pro∣fite to the Commonweale. For by this means arts and artificers are entertained, the poore people are eased, the idle are set to worke, cities are beautified and diseases expelled: finally hatred against princes (which doth often times stirre vp the subiects to rebellion) is quite suppressed, when as the impositions which he hath leuied, redounds not only to the general, but also to euery priuat mans good. And therefore the emperour Alexander Seuerus was accustomed to leaue many [ E] imposts and tolles to cities, to be employed in the necessarie reparations thereof.

This which I haue sayd is more expedient in an Aristocratia, or a Popular state, than in a Monarchie; for that the subiects being many, are with more dif∣ficultie maintained in peace and vnion by few commaunders: vnlesse the mul∣titude being employed in the publicke works, may make some gaine, and not to inure them to the distribution of corne and money, as they vsually did in Popular states, and especially the Tarentins: the which is not only the ruine of the treasure, but likewise of the citie. So Pericles was also blamed, hauing

first accustomed the Atheniens to these distributions: the which he did to gaine [ F] the peoples fauor. But when he was once master of them, he emploied the pub∣licke treasure, not only to fortifie the citie, but also to beautifie it, and to fill it with good artificers: yet durst hee not attempt this before the citie was in peace and their treasure full, hauing then a hundred thousand tallents; that is to say, three∣score millions of crownes, if we may beleeue Demosthenes: which summe be∣cause it is vnreasonable, it may be, we should read a hundred tallents, which make threescore thousand pounds, for that wee shewed before, that the Athenians (when as they had charged their allies with great tributes) did neuer leuy aboue two thousand tallents yearely at the most, and in Pericles time they did scarce ex∣act a thousand tallents. And being accused by his enemies to haue misemploied [ G] the publicke treasure, hee made this resolute answere vnto the people, That if they were not well pleased with the walles, fortresses, and temples which hee built, hee would take the charge vpon himselfe, vpon condition, that his name should be grauen thereon, and that it was his gi•…•…t: but the people allowed the charge, knowing well that all men in generall, and euerie man in particular, reaped profit and honour thereby, for that the marchant did gaine in furnishing of stuffe; sea-men, and those that brought it, for their carriage; and artificers in working it; so as the profit was distributed to all sorts of people, and the glorie of their stately workes, gaue a perpetuall testimonie to posteritie of the great∣nes of this Commonweale. But the greatest benefit, and which doth most import [ H] the preseruation of an estate is, That the two greatest plagues of a Common weale, Idlenesse and Pouertie, are banished: a verie necessarie thing in a popu∣lar and aristocraticall state; and especially in those countries, where they haue great spirits, and but barren soyle, as at Athens: if idlenesse get footing in such a countrey, it will neuer be without mutinies and thefts, which Solon foreseeing, he did inflict great punishments vpon idle persons: and so did Amasis king of E∣gypt, who condemned idle men to be put to death, if they had not wherewithall to liue, knowing the Egyptians to be the most ingenuous in the world, and the most subiect to mutinie, if they were not employed. We see Piramides built in that countrey almost three thousand yeares since, lest the pleople should haue [ I] languished with idlenesse: we haue also presidents of the wisest emperours of Rome, which haue in like sort emploied their treasure, & giuen the subiects ex∣ample to imitate them: as Augustus, who did iustly vant, That he had found Rome built with bricke, but that he had left it built with marble: and in truth he em∣ployed foure millions and fiue hundred thousand crownes in building of the Ca∣pitoll alone: he was followed by the emperour Vespasian, who made great and excellent workes throughout the whole empire, rather to entertaine the mea∣ner sort, than for any other end: for when as an excellent workeman promised him to set vp pillers in the Capitoll, of an excessiue greatnes, with small charge and few labourers; he recompenced him verie well, saying, Let me I pray you, [ K] nourish the poore: and yet he protested in open senate comming to the empire, That there was need of a milliart of crownes to free and restore that Common weale.

What shall I say of the emperour Claudius, who enioying an assured peace, cau∣sed the chanell of Fucina to be made, to accommodate the citie with good wa∣ters, employing dayly thirtie thousand men for eleuen yeares together. And without search of antient histories, it is well knowne that the signiorie of Ve∣nice doth entertaine continuall in their Arsenall, three or foure thousand per∣sons

which get their liuing by the labour of their hands, the which doth much [ A] content the citisens, seeing the publicke treasure employed so charitably. But these employments are goodly and befitting a great prince which is not indeb∣ted, when the reuenewes are not pawned, when as the Commonweale is in per∣fect peace, when the soldiers are paide, and rewards duly administred to euerie one: otherwise to increase the subsidies to build great pallaces, more stately than necessarie, being indebted, and to suffer the buildings of his predecessors to runne to ruine, thereby to purchase vaine glorie, that were to leaue a marke of his tyrannie, and a perpetuall testimonie to posteritie, I hat he hath built with the bloud of his subiects: and often times the subiects ruine the buildings of ty∣rants, to deface their memory from off the earth, wheras they shuld by vertuous [ B] and charitable actions, graue their names in heauen. The golden pallace of Nero, which comprehended a great part of Rome, was contemned by his successors, who would not vouchsafe to lodge in it, for the crueltie and villanie of him that had built it; and soone after it was ruined▪ as being made of spoiles, exactions and confiscations, the which follow a prodigall prince at the heeles: for of neces∣sitie, of a prodigall he must become an oppressor, and of an oppressor a tyrant.

There were neuer two tyrants more cruell and prodigall, than Nero and Ca∣ligula; for the first, in fifteen yeares that hee raigned, had giuen away the value of fiftie and fiue millions of crownes: and the last, in one yere had wasted three∣score and seuen millions, so as hauing not where withall to de•…•…ay his houshold [ C] charges, he was forced to beg the offrings in his owne person: then falling to pre∣scriptions of priuate men, after that he had wasted the publick tresure, he filled all with cruell confiscations. This miserie of excessiue prodigalitie happens often to princes, through forgetfulnesse of the gifts which they haue be•…•…owed, not well vndestanding the botome of their treasuries. And for this cause, it was wisely decreed by Frauncis the first▪ that euerie yere the generals of the treasure, should send vnto the treasurer, two briefes of the publicke reuenewes of euery prouince: the one by coniecture the first day of the yeare; the other a true note of the yeare that was past: and in like case the treasurer should make two briefs of the whole treasure in generall, to the end that the king and his counsell might [ D] plainly know what money was in his coffers, thereby to gouerne his gifts, rewards, and expences: but most commonly hee that hath power to dispose of it, seeth nothing. I will put for an example an estimate of the treasure which was made in lanuarie in the yere 1572, where in a chapter of the receit, there was an article set downe of 200000 pounds starling of casuall things: and by a true ac∣count made in the end of the yeare, it was found, that they amounted to two hundred and fourescore thousand pounds starling, and yet it was verified▪ that there was but fiftie thousand pounds employed to the kings profit. Such was the calamitie of those times when as children and women ruled. But in my o∣pinion, the king had done better, if he had seen the generall account of his re∣uenews, [ E] the which is contained in two sheets of paper, and withall had had a re∣gister of his gifts and rewards: or if his priuie gifts be not inrolled, that he had a small briefe or remembrance of that which he had giuen to whom, and where∣fore: which are three chiefe points, whereof a prince must be verie carefull, to the end, that if he will be liberall, it should be to such as deserue it. And to this end, it were expedient the prince had a briefe register of affaires of state, and a rolle of the worthiest men of his realme, for there is no memorie so perfect, but may be confounded with the multiplicitie of affaires, whereby he shall commit

great incongruities in matters of state: for a briefe note of affaires shall put him [ F] in mind of that which he hath to do, and of all enterprises, the which oftentimes remaine imperfect and ill executed through forgetfulnesse. There is no better example hereof, than that of king Lewis the eleuenth, who was held one of the most politicke princes of his age, yet hee ran willingly into the snare of Charles earle of Carolois, hauing forgotten that hee had sent his ambassadors into the countrey of Liege, to stirre them to warre against him: the earle aduertised here∣of, detained him prisoner: the which had not happened, if he had kept a register of his former actions. If any flatterers of the court will obiect, That the register would be too great, that the prince should be too much troubled, and that hee could not liue long: why then haue those princes and great monarchs which [ G] haue been so carefull of matters of state, and gouerned the whole world with their lawes, liued so long? as Augustus, Tiberius, Vespasian, Traian, Adrian, and the Antonines, all Romaine emperours and politicke gouernours, who themselues made registers of their owne affaires, imitating the example of Augustus, who liued 74 yeares, leauing three Bookes written with his owne hand; the first was his deeds and publicke actions; the second was his testament; the third was an estate of all the Romaine empire, wherein was contained a particular estate of euerie prouince, what troupes of souldiers, what treasure, what armes, what shipping and what munition, with a diligence worthie of a great monarch: yet for all this he did not omit to doe iustice ordinarily and to heare all commers, [ H] reading all the bookes of politike gouernment, that he could get, as Suetonius saith, remembring that which Demetrius the Phalerien said vnto Ptolome Phila∣delph king of Egypt, that he should find goodly secrets in bookes, which no man durst tell him. Vespasian in like sort, made an excellent abridgement of the em∣pire, and yet he liued 70 yeares.

The empire of Persia was greater than that of the Romaines, stretching from the farthest bounds of India, vnto Hellespont, and the desert of Libia, hauing vn∣der it 127 Prouinces, and yet the kings of Persia carried with them continually a register of their affaires of state and of their gifts: and when as Darius Longue∣main had escaped the conspirators hands, by the aduertisement which Mardo∣cheus [ I] had giuen him, the king a while after reading this register by night, and fin∣ding that Mardocheus had receiued no reward for so great a seruice done vnto the king hee caused him to bee sent for, giuing him great honours and prefer∣ments. But without any further search, the king of Spaine doth vsually looke vp∣on a register of his affaires, carrying an abridgement of letters which he writes to gouernors, captaines, and ambassadors, if the matter be not verie secret. For the same cause Charles surnamed the wise, king of France, made a Register of his priuie councell, and the first was Peter Barrier, who was not busied (as at this day) with expeditions and acts of •…•…ustice, but onely to inroll the affaires of state. But aboue all it is necessarie for a prince to haue a register in his counsell, of gifts, [ K] offices, benefices, & exemptions: the which is most commonly in the hands of a secretarie▪ and •…•…et the hundred part of the gifts are not entred. For the redres∣sing whereof, there are two antient lawes, the one made by Philip of Valois, of the which I haue formerly made mention, by the which the gift was reuoked, if the donatarie made not mention of the benefits graunted to him and his predecessors: the other is of Charles the eight, whereb•…•… all gifts aboue ten pounds were of no force, if they were not verified in the chamber of accounts. The first law was soone taken away by another, saying, That it was sufficient

by the Letters of gift, if it were derogated from the first decree. And as for the [ A] law made by Charles the eight, it is out of practise, vnder color of secret gifts and pentions, the which must not be knowne: so as the antient laws (decreeing, that the articles set downe in the chapter of expences, shall not bee allowed without an order, a commaundement, and a discharge) are now of little or no force in that respect: for the treasurer is discharged, bringing the kings hand onely, with∣out any mention of him to whom the reward was giuen, nor wherefore. There was yet a law made by king Frauncis the first, and confirmed by his successor, wherby it was decreed, There should be foure keys to the place where the trea∣sure was kept, whereof the king should haue one, and the rest should be in Com∣missioners hands appointed by him: and the distribution of money should bee [ B] made by the kings commaundement, in the presence of the treasurer and comp∣troller of the Exchequer: But king Henrie the second by a speciall edict dischar∣ged the treasurers and officers of the treasurie, that afterwards they might not be called to any account. True it is, that one of these commissioners had giuen him at one time a hundred thousand crownes, if the common report were true; the which was much at that time, but little in regard of prodigalities practised of late. For after that king Frauncis the first had ordred it by sparing, all the pub∣like treasure lay open to the spoile of great men and flatterers. But an edict made in fraud should be no hindrance, but that such as had mannaged the publike trea∣sure might bee called to an account; as it was required at a Parliament held at [ C] Orleans; and that excessiue gifts should be reuoked or at the least cut lesse: as the Emperour Galba did, who reuoked Neroes gifts, leauing but the tenth part to the donatorie; not that they should enquire too curiously of all gifts bestowed by the prince, the which might prooue verie dangerous.

Charles the seuenth did limit by a law, what summe of money the king might take yearely to dispose of at his pleasure: which summe being verie little, seemed in those daies exceeding great. There is nothing more profitable for the prince, nor necessary for the subiects, than to haue the rewards which they giue, knowne and examined by their officers: for that princes shall alwaies maintaine their fa∣fauors, giuing liberally, and the officers shalbe subiect to the hatred and dislike of [ D] such as haue their gifts reuoked or cut lesse: so as by means of recouerie, the mo∣ney should returne into the treasurie againe, and few would beg, yea they would scarce take it when it should be offered them, if they knew their gifts shuld be re∣uoked or examined in the chamber of accounts. If bountie be commendable and worthie of a great and rich Monarch, it is ill beseeming a poore and needie prince, for he must flea his subiects, and racke them to the verie bones. King Frauncis the first, leauing a goodly kingdome, flourishing in armes and laws, and in all arts and sciences, to his successor, with seuenteen hundred thousand crowns in treasure, and the quarter of March readie to be receiued; yet did he not giue away the hundred part in rewards in 32 yeares that he had raigned, as his sonne [ E] Henrie did in two: for he had scarce closed his eyes, when as the confirmation of offices (which is due to the king at his first comming to the crowne) where∣of an infinit masse of money was then made, was giuen to one horse leech in court. And although that Frauncis the father gaue pensions to Germans, Eng∣lish, Italians, Suisses, Albaneses, Spaniards, and Grisons; yet all his pensions, besides the Cantons were but 13000 pounds starling a yere at the most, as I haue seene by an extract out of the chamber of accounts, the which was made the yeare that hee dyed: and in the same extract there is but 42769 pounds,

foure shillings starling, which hee gaue in pension to his subiects, princes of [ F] bloud, knights of the order, captaines in great numbers, lieutenants, councellors of state, men of iustice, ambassadors, scollers studying, and many excellent work∣men, and learned personages. O noble prince, who could so well make choise of worthy persons, and moderat his bountie.

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

The emperour of Turkie obserues this order carefully, for besides the trea∣sury of ordinarie receits, which is in the princes Seraigle, there is another in the castle of seuen towers at Constantinople, where the antient treasure is reserued, the which they meddle not with, if the necessitie bee not verie vrgent. Our Ancestors were accustomed in time of necessitie, when the treasure was wa∣sted to haue recourse to the kings forrests, where there was an infinit number [ H] of tall timber▪trees fit for all vses, of the which they made great summes of mo∣ney; but during the ciuile warres, they are so cut downe, as hereafter they will bee onely fit to make faggots: whereby the commonweale is much damnified, and will be more dayly, vnlesse there be some speedie remedie: for there is such want of timber, as they shall bee forced to fetch it out of other countreys for their ships and buildings; they do also cut them downe so hastily, as the trees cannot grow to beare any fruit to feed our swine; and in the end we shall be for∣ced to fetch wood from other parts for firing. And for that it hath been alwaies held a matter of some difficultie to keepe treasure safely, beeing verie hard for princes to shake off importune beggars: therefore the kings of Persia and the [ I] Romaines, that they might preserue this holy treasure from s•…•…elth, they reduced a great part of their money into thicke brickes. It is also sayd, that Charles the fift king of Fraunce, had caused the great Hart in the pallace at Paris to be made after the same forme that they should cast one all of gold, of the treasure which he had gathered together. And the better to assure it against theeues, the anti∣ents did lay their treasure in temples, as the Greekes in the temple of Apollo, Delphique, and Deliaque: the Romaines in the temple of Saturne and Opis: the antient Gaules in hallowed Lakes: the Hebrews sometimes in temples, sometimes in sepulchres: for wee read that the high priest and king of the Iewes, Hircanus, found great treasures in Dauids sepulchre. But seeing there [ K] are no sepulchres so religious, no temples so holy, that theeues will not force and enter: therefore the kings of Morocco hauing moulten a great quantitie of gould in forme of a bowle, pierced through with a barre of yron, they did hang it on the toppe of the pinnacle of the great Church at Marocco. The antient Egyptians fearing to giue occasion to their neigh∣bours and enemies to inuade their estate, and make warre against them for their treasure (as they did to king Ezechias, hauing shewed his treasures to the ambassadors of the king of Assiria) employed it for the most part

in building of their Pyramides, beautifying of cities, bringing of riuers, and [ A] repayring the bankes of Nile. The law of God forbids to heape toge∣ther much gould and siluer; lest that thereby the prince should bee a•…•…u∣red to oppresse his subiects, or the enemie to inuade the citisens; inuiting the prince thereby to bee charitable to the poore and needie: yet a meane is to bee vsed.

No man in my opinion will allow of the insatiable couetousnesse of Iohn 22 Pope of Rome, in whose coffers they found (hee being dead) twentie three millions of gold, as many haue written; or of Sardanapalus, who left fortie mil∣lions of crowns; or of Cyrus, who left fiftie millions; or of Tiberius Caesar, who had gathered together seuentie seuen millions, the which his successor wasted in [ B] one yere; or of Darius Ochus the last king of the Persians, in whose treasury Alex∣ander the great found fourscore millions of gold. We read in the holy scripture that Dauid left sixscore millions, the which is the greatest treasure that was euer heard of: but there is some question touching the valuation of their tallent; for they write that he had gathered together a hundred thousand tallents of gold, and a thousand thousand tallents of siluer, which summe, if it bee accounted by tallents of Attica, although they be small it will seeme wonderfull: our interpre∣ters of the Bible doe falsely thinke them Attike tallants. I find Siclum in the scrip∣tures to be taken two waies, the which the Greeks call Statera, and the Latines Talentum, one waie it is a pound of six ounces, as in the first booke of Paralip the [ C] 21 chapter; another way it is taken for halfe an ounce, as in the first booke of Sa∣muel, the 24 chapter. If Dauids treasure be numbered by the sicle or tallent of halfe an ounce, the summe will not seeme great; if it be referred to six ounces, it will comprehend fiftie thousand pound waight of gold, and ten times as much in sil∣uer: but if it be valued by the Attike tallent, the wealth of the Romanes neuer came nere it; as we may see by an extract out of the treasury vnder the empire of Traian, at which time it was at the greatest; for the whole sum of their treasure (the which was kept in Egypt) came but to 74 thousand tallents, the which a∣mounts to 44 millions, and foure hundred thousand crownes; vnlesse they had another treasurie at Rome, as it is likely, (although it appeare not by the extract) [ D] hauing 200000 foot, and 40000 horse in garrisons on the frontiers of the empire and in the prouinces entertained: three hundred Elephants for the warre, two thousand chariots for warre, and munition to arme •…•…00000 men, fifteen hun∣dred galleys of three and fiue owers on a side, besides two thousand vessels for the sea, and furniture to arme and rigge twise as many, with fourescore great ships stately adorned.

But our kings of Fraunce haue not offended in this point against the lawes of God, by heaping vp of too great treasures, and it is not to be feared that they will hereafter breake it: for they which say, that king Charles the fift left in his treasu∣rie eighteene millions of crownes, are much deceiued, for he found the coffers [ E] empty, he paid his predecessors debts, he redeemed the reuenews of the crown, conquered Guienne from the English, purchased the countie of Anxerre, and a great part of the earledome of Eureux, restored Henrie king of Castill being expelled his realme, maintained and succored the kings of Scotland, against the kings of England, and raigned but 17 yeares, and yet he did not leuie for all char∣ges aboue 43756 pounds starling yerely, comprehending the reuenews of the crowne lands: although that in his time the ayds and custome of 8 shillings vp∣pon euerie fire were laid vpon the subiects: and his successor fortie yeares after

did leuie but 45000 pounds starling: and Charles the seuenth, the yeare that he [ F] died, receiued for all charges and reuenews, but 170000 pounds starling, as it ap∣peares plainly in the chamber of accounts, & yet had he imposed the tax in forme of an ordinarie impost, the which at that time came but to 1800 pounds: and twentie yeares after when as Lewis the eleuenth died, the whole receit came but to 470000 pounds, the which was reduced to 120000 pounds, at the request of the Parliament, held at Tours at the comming of Charles the 8 vnto the crowne, besides the reuenews of the crowne which amounted yearely by estimation to 100000 pounds: so as the whole reuenews when as Charles the eight died, came not to aboue 250000 pounds. The like request was made vnto king Charles the ninth, by a parliament held at Orleans, at his comming to the crowne: but the [ G] necessitie was found so great as there was more need to augment than to dimi∣nish the the charge. Yet there was great hope to free the king out of debt, and to take away the subsidies & extraordinary charges, (if the realme had not ben plun∣ged in ciuile warre) considering the good order was taken the first yeare: for the interest was moderated to fiue in the hundred, all officers wages for that yeare were diminished and halfe taken awaie, and the confirmation of offices graun∣ted them freely. And as for the expences, all was so well ordred, as by the ac∣counts of that yere, there came into the kings coffers 230577 pounds starling: so as in few yeares all had been discharged, without any diminution of the kings houshold seruants, the which were six hundred, besides such as were entertai∣ned [ H] for hunting & hawking, for they may well be spared without deminution of the maiestie of a king or the dignity of his house, by cutting off his ordinary traine and houshold seruants, the which oftentimes doth cause strangers to contemne him, and his subiects to rebell against him: as it chanced vnto Lewis the eleuenth, who hauing put the nobilitie from him & discharged the gentlemen of his house, vsed his taylor for an herald at armes, his barbar for an ambassador, and his Phi∣sition for chancellor, (as Antiochus king of Syria did his phisitian Apolophanes, whom he made president of his counsell) & in mockerie of other kings, he ware a greasie hat, and very course cloth in his apparell: and euen in the chamber of accounts, there is set downe in a note of expences two shillings for a new paire [ I] of sleeues to an old dublet: and in another Item three halfe pence for a box of grease to blacke his boots withall; and yet he raised the charges more than his predecessor did by 300000 pounds starling a yeare, and sold much of the reue∣news. As for the officers of the crowne, it was wisely aduised at the estates of Orleans, to reduce them to the antient number, as they were in the time of king Lewis the twelfe, by suppression without any disbursement. But there were some good husbands which gaue them afterwards to vnderstand, that the suppression of offices was a decrease of parties casuall, wherby the number was afterwards much augmented: And Balley president of the accounts told the king boldly and plainly, being at S. Maur desfosses, that the suppression of those officers which had [ K] been created by the new law, was both pernitious to the publicke, and hurtfull to his treasure, seeing but for three augmentations in the chamber of accounts onely, they had payd aboue threescore thousand pounds starling: but he doth not say that it is like vnto cold water which encreaseth the fit to him that hath a burning Feuer: for it is well knowne that the king or people pay wages to most of these officers after ten or twentie for the hundred, which was the prin∣cipall cause of the suppression of subalternall offices by a law made by Fraun∣cis the second. Moreouer they set not downe the prerogatiues which belong

to the officers of the chamber of accompts, that is to say, their ordinarie wages, their [ A] rights of wood, their liuerie at Easter, their rights at Hallontide, their roses, their prero∣gatiue of herings, their rights at Twelfetide, their rights of the stable of vertue, and of white salt, besides paper, parchment, pens, counters, purses, waxe candles, red waxe, pen∣kniues, bodkins, scrapers and strings: they did not shew also that the other profits of offices came to much more than their wages: they will not confesse that whereas there be now seauen chambers of accompts, there was then but one; and whereas now there be two hundred officers or thereabouts in the chamber of accompts at Paris, there was wont to be but one Treasorer of France President of the chamber, and •…•…oure ma∣sters of accompts that were Clarks, by an erection that was made at Viuiers in Brie in the yeare 1319, afterwards they added foure lay men, which sufficed for all that were [ B] accomptable: the kingdome of Nauarre, and all the Lowcountries being then in the hands of the kings of France. And yet we haue seen in our da•…•…es, that those which haue stollen the kings treasure and the subiects wealth, haue escaped, being indebted in great sommes of money; and infinit others which haue neuer accompted. And which is more, not long since an accomptant had gotten into his possession a great and notable somme of money, wherewith he stood charged by his accompt, who by collusion with a nobleman that should haue a third part, he obtained the rest by gift, and for his discharge, he produced the kings b•…•…l signed to the nobleman. So as to call accomptants to their duties, they must oftentimes depute Commissioners with double charges, and [ C] the fault cannot be imputed to any other, but to those officers that are created to that end. And although that all treasorers, receiuers, comptrollers, and other accomptants should make a good and loyall accompt, and pay what remaines due; yet notwith∣standing there is so great a number in this realme, as a third part of the receit is spent in gages, charges, vacations, riding voyages, and the conduct of money; as hath been well verified by the estates of the countrie of Languedock in the yeare 1556, where I was then present: who for that cause deputed Martin Durant, Syndic or Procurator of that countrie, to present a request vnto the king to be discharged of all officers of re∣ceit, making offer to bring all the money that was to be leuied vpon the subiect freely into the kings cofers, without any charge either for officers wages, or for carriage: [ D] shewing also particularly that the third part of the receipts went to officers, promising to deliuer vnto the king a full crowne, whereas hee did not receiue foure shillings, whereby he should saue 20000. pounds starling yearely in the two generalities of Languedoc, only for ordinarie charges: for then the charge of Languedoc came to threescore thousand pounds yearely. But since the officers of the finances or treasor are so increased, as Maximinus Lullier, Prouost of marchants at Paris, and President of the chamber of accompts, said in open Parlament at Blois, That of the crowne there came not eighteene pence cleere into the kings co•…•…ers: the which seemes incredible, yet he was held a man most expert in accompts. We must then conclude, that the subiect was much opprest by the polling of officers, seeing they made these offers: which we [ E] may not thinke new, for that in old times they had no other receiuers but the Viconts, Bayliffes, and Seneshals. That request made by the Syndic of Languedoc did much please king Henry, but it displeased the flatterers in court, and the officers of the ac∣compts, so as it was reiected, for the friuolous difficulties they made which had interest therein, the which is not heere needfull to rehearse, so as it was concluded that recei∣uers and treasorers were necessarie. Seeing then that accomptants and masters of ac∣compts is a necessarie euill (as Alexander Seuerus said) The •…•…ewer there are, the better shall it be for the Commonweale; for the kings treasure will still decrease when it pas∣seth through the hands of so many officers. These were the complaints and expostu∣lations

which the estates of France made vnto king Charles the 6 in the yeare 1412, [ F] for that he had fiue Treasorers, and that in old time there were but two: and that in like sort there were but three Iudges of the reuenues in the yeare 1372, and now there are almost three hundred within this realme. And in the yeare 1360 there was but one Receiuer generall, who did reside at Paris, & now there are 34, what would they now say to see so great a multitude. The Romans in old time had but one receiuer in euery Prouince: all customes and duties were let out to farme, and the farmers brought in their rents to the receiuer. The first office that was giuen to gentlemen of good fami∣lies, and that aspired to greater dignities, was the office of Questura, or Receiuer for a yeare only, and without any comptroller to make triall of their diligence and loyaltie. He that was found guiltie of extorsion, was declared incapeable neuer to beare any ho∣norable [ G] charge, besides infamie and the losse of his goods, the which was a wise course to assure their treasure. But it is a strange thing and very absurd in this realme, to see so many men giue money to their maister to pick his purse. The Emperour of Turkie doth otherwise, for he neuer sels office, and for so great an Empire there are verie few Treasorers: the Collectors (which they call Protogeres) giue the money vnto the Su∣bachis (which are as it were the Viconts of Normandie, who in old times had the same charge) then they deliuer it to the Sangiacs (who are as it were gouernors of the countrie) who conuey it vnto the Bellerbeis, and they send in safety vnto the Defrer∣derlers, which are two generals of the Treasor, the one in Asia, and the other in Europe, who deliuer it to the great Comptroller, and he giues it to Casmander Baschi, great [ H] maister of the treasor, who hath ten commanders or deputies vnder him for extraordi∣narie payments, there is but one treasorer, and for all officers of accompts, there are but 25 Comptrollers which examine the accoumpts. One thing is worthie obseruation, that they haue no treasorers nor receiuers but Eunukes, after the Persian and old Gre∣cian manner, and that wisely, for they that neither haue children, nor can be seduced with the flatteries and inticements of women, it is not to be feared that they will steale the publike treasor with the hazard of their liues and •…•…ame. As for Treasorers in France, it is more then necessarie that such offices be giuen to gentlemen of honor and of noble houses, as it was vsuall in old time, and is yet practised in England for the reason that I haue said. By an Edict made by king Henry the second in September in the yeare 1554 [ I] it was decreed, that the chiefe Treasorers should take their places before the Stewards of the kings house, of the councellers of the court of Parliament, of the accompts and aides, if they be not in their assemblies: and by an Edict made by Charles the 9, he commaunds all vassals which hold directly of the king, to do homage and fealtie vnto the Treasorers of France, the which would much discontent an infinite number of Dukes, Earles, Barons, and great personages, who would not for any thing kneele before a base fellow that had bought his office. Thus much concerning treasure, and for that it consists in coyne of gold, siluer, copper and buillon, it is necessarie to write something thereof.

[ K]

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

LOoking well into the best grounds, and strongest supports of a Commonweale; in my opinion, hee must exactly vnderstand this point, that will wisely settle an estate, or reforme the abuses: for that there is nothing that doth more trouble and afflict the poore peo∣ple, than to falsifie the Coines, and to alter the course thereof: for both rich, and poore, euerie one in particular, and all in generall, re∣ceiue [ B] an infinit losse and preiudice, the which cannot precisely in euery point bee de∣scribed, it breeds so many inconueniences. The Coine may not be corrupted, no not altered, without great preiudice to the Commonweale: for if money (which must rule the price of all things) be mutable and vncertaine, no man can make a true estate of what he hath, contracts and bargaines shall be vncertaine, charges, taxes, wages, pen∣sions, rents, interests, and vacations shall be doubtfull, fines also and amercements li∣mited by the lawes and customes shall be changeable and vncertaine: to conclude, the estate of the treasure and of many affaires both publike and priuate shall be in suspence: whereof the Edict made by Gratidianus the Tribune at Rome is a good argument, who (contrarie to the opinion of his fellow Tribunes) set a certaine price of a kind of [ C] coyne called Victoriatus, vpon a penaltie, whereby he purchased so great glorie to him∣selfe and his posteritie, as they did erect his statues in euery streete, and offred frankin∣sence and waxe vnto them. And Tully saith, Neminem vnquam multitudint ob id vnum fuisse cariorem, Neuer any man (for that cause only) was deerer to the people. The Prince may not make any false money, no more than he may kill or rob, neither can he alter the weight of his coyne to the preiudice of his subiects, and much lesse of stran∣gers, which treate with him, and traffick with his people, for that he is subiect to the law of nations, vnlesse he will lose the name and maiesti•…•… of a king, and be tearmed a counterfetter of money: as Dante the poet called Philip le Bel, for that he did first among [ D] our princes corrupt the coyne, and mingle copper with siluer, which was the cause of great troubles among his subiects, and a pernitious president to forraine Princes: whereof he repented himselfe too late, restoring the coyne, and inioyning his sonne Lewis Hutin not to abate the goodnes of his coynes. And for this cause Peter the 4 king of Arragon did confiscate the estate of the king of Maiorque and Minorque, whom he pretended to be his vassall, for that he had abated the coyne: and yet the kings of Arragon themselues did erre in that point, so as pope Innocent the 3 did forbid them as his vassals not to vse it: whereupon the kings of Arragon comming to the crowne doth sweare not to change the waight and price of their money, which hath been allowed. But it is not sufficient to make such protestations, vnlesse the value and waight of money be ordred as it ought, to the end that neither prince nor subiect may [ E] falsifie it if they would, the which they will alwayes do, hauing the meanes, what pu∣nishment soeuer be inflicted. The ground of all these counterfet coyners, washers, clip∣pers, and boylers of money, growes by the mixtures which are made of mettals, for one mettall being pure and simple cannot be supposed for another, differing by nature in colour, waight, substance, and sound. To preuent all these inconueniences, you must ordaine that in euery Commonweale the coynes be of one mettall without mixture, and publish the Edict of the Emperour Tacitus, who defended vpon losse of life and goods, to mingle gold with siluer, nor siluer with copper, nor copper with tinne or

lead. But we may except from this law the mixture of copper with tinne, which makes [ F] the sounding mettall, whereof bels and ordinance are cast, not so much vsed in old times as now: for it is not necessarie to mixe the twentieth part of lead with pure tinne to make it more malliable, seeing it may be cast and put in worke without any such mixture, the which hurts the bountie of the tinne, and can neuer be drawne from the lead. This law must not only hold in coynes, but in all plate and works of gold or siluer, in the which falsehood and corruption is more ordinarie than in coynes, for that the triall is not so easie, and oftentimes the workemanship is as deere as the sub∣stance it selfe: wherein Archimides is much deceiued, seeking to find out what the gold∣smith had stolne out of that great crowne of king Hieron, and not to deface the fashion, (for as then they had no vse of the touchstone) he tooke two lumps or masses one of [ G] gold, and another of siluer, putting either of them into a vessell full of water, and by the effusion of the water he iudged the proportion of the gold and siluer, then filling it againe with water, he put the crowne into it, the which cast forth lesse water then the masse of siluer, and more then that of gold, whereby he coniectured that the gold∣smith had stolne a fift part: but his iudgement was vncertaine, for he supposed the mix∣ture or allaie to be of pure siluer, when as the goldsmith to make the gold more firme, and to giue it the better luster, makes it most commonly of copper, being also of lesse charge, the which is much lighter then siluer, which makes the gold looke paler; and so by consequence copper hath a greater bodie then siluer in a masse of an equall waight, and differs as much as thirteene do from eleuen: and if the allaie or mixture were of [ H] copper and siluer, it was impossible to make a true iudgement, vnlesse he could distin∣guish how much there was of either; and although it were knowne, yet shall he erre insensibly in measuring the drops of water, through the difference of the masse and proportion of the mettals: there is no refiner nor goldsmith in the world so cunning that can precisely iudge by the touchstone how much siluer or copper is mixt with gold, if the allaie be not of one pure mettall. And although that goldsmiths and iewel∣lers haue falsly complained that they cannot worke in gold vnder two and twentie Carrats without losse, or in fine gold aboue 23 Carrats and three quarters, according to the decree of king Francis the first published in the yeare 1511: yet notwithstanding all good orders they make worke at twentie, yea oftentimes at nineteene Carrats, so [ I] as in twentie foure marks there is fiue marks of copper or siluer, the which in time is made into base money by those which vse to counterfe•…•…. It is therefore necessarie to obserue the same proportion and mixture in gold that is wrought, as in coynes vpon the like penalties, to the end that the vse of gold in plate and moueables may be pure. And for that it is impossible (as refiners say) to refine gold to 24 Carats, but there must be a little of some other mettall with it; nor siluer at twelue deniers, but there must be some allaie, and euen the purest refining according to the lawes is of 23 Carrats and three quarters, and hath a fourth part of a Carrat of allaie, and of siluer eleuen deniers, two graines and three quarters, such are the royals of Spaine, or else eleuen deniers and eighteene graines, as is the siluer at Paris, the which is of all others the best, for that it [ K] hath but a fortie sixt part of copper mixt with it. And in the best Spanish siluer there is a thirtie sixt part of copper, and without any great charge (besides the difficultie and length of time) they may worke gold in plate, or in coyne of 23 Carrats, and siluer of eleuen deniers twelue graines pure, without any allaie: for in so doing, the proportion of gold to siluer shall be equall, for the allaie shall be alike in the one and the other, that is to say, that in 24 pounds of siluer at eleuen deniers and twelue graines; and in 24 pounds of gold at 23 Carrats: there is a pound of other mettall in the gold which is not gold, and so likewise in the siluer which is not siluer, be it copper or any other

mettall, and such siluer is called in this realme, the kings siluer, in the which the 24 part [ A] is copper, and by this meanes the coynes of gold and siluer shall be stronger, and more durable, whereby they get much in the working in the fier, and in sodring, and they keepe it from wasting and brittlenes.

And to the end the iust proportion of gold to siluer, obserued in al Europe & neigh∣bour nations, (of twelue for one, or thereabouts) may bee also kept in the weight of money: it is needfull to coine money of gold and siluer of the same weight of sixteen, two and thirtie, and threescore and foure peeces to the Marke, without any alteration either in raising or abating; to auoid on the one side the difficultie of stamping it, and on the other side the brittlenesse of fine gold and siluer, if the coine were lighter than one denier. Whereas on the other side also, if they make any come weighing aboue [ B] halfe an ounce, it is easily counterfeited, by reason of the thicknesse thereof: as we see in the Portugueses of gold, and the Dollers of siluer, which weigh aboue an ounce: as al∣so that coine of three Markes and a halfe, which the emperour Heliogabulus caused to be made: and that which was coined with the stampe of Constantinople, weighing a marke of gold, whereof the emperour Tiberius presented fistie to our king Childeric. By which meanes neither chaungers, nor marchants, nor goldsmiths, shall euer be able to deceiue the common people, which is ignorant of the bountie and weight: for they shall be alwayes forced to giue twelue peeces of siluer for one of gold; and euery one of the peeces of siluer, shall weigh as much as the peece of gold of the same marke: as [ C] we see in the single Royals of Spaine, which weigh as much as the French Crowne, which are (according to the weight set downe in the yeare 1540) two deniers sixteene graines; and that twelue single are iust the value of a French Crowne. Why then may not all coynes of gold and siluer be equall in weight? and all of one weight of both mettals haue one stampe, or caracture? Why may there not be the same likenesse & proportion of both mettalls? If this might be effected (as I hope it will) all meanes to falsifie money would be taken away. And to the end the simpler sort may not be abu∣sed in the chaunge of the said peeces, as well of gold, as of siluer; nor to take the single for the double (as they do oftentimes in Royals of Spayne, and in the new coyne of king Henry the second) it is needfull that the stampes be diuers, and not alike as those of [ D] Spaine. And yet as touching siluer, to the end they shall hold the certaine titles of Soulz, pettie Denier, and Liure, as it is specified in the edict of king Henry the second, made in the yeare 1551; and by reason of the payment of rents, amercements, and the lords rights, according to the customes and ordinances; the Soulz shall be of three De∣niers weight of the kings siluer (as it is said) and of sixtie three to the Marke: so foure shall be worth a Liure, as it hath gone heretofore, the which is the iustest price that can be giuen: and euery peece may be diuided into three, so as euery one shall weigh a Denier, and shall goe for foure small Deniers or Pence, and shall be called a common Denier, to the end the Soulz may alwayes be worth twelue Deniers: & that the com∣plaints of the lords for their rents and rights, beeing vsually paid in blanch, or copper [ E] money, may cease, being now conuerted vnto Soulzes, such as they were in the time of Saint Lewis▪ that is, sixtie foure to a Marke of the kings siluer. And as for other grow∣ing out of annuities, purchased for money, the rent must be paid according to the value of the Soulz which it held at that time, when as the rent was purchased; the which was but foure Deniers an hundred yeares since, and is now but the third part of the aunti∣ent Soulz: the which it will be needfull to put in vse. Such was the Drachma, or Groat of siluer, vsed throughout all Greece, which was the eight part of the ounce, which wee call a Gros, and of the same weight with the Soulz which Saint Lewis caused to be coi∣ned, the which were called Gros Tournois, or of Tours, and Soulz Tournois: By the

which Soulz Tournois, or of Tours, all antient contracts are ordered, and many trea∣ties [ F] not onely within the realme, but also among straungers: as in the treatie made be∣twixt the Bernois, and the three small Cantons of the Swissers, where it is said, That the Souldiors pay, should be a Soulz Tournois. The like was in this realme, and for that cause it was called Sold, and it was like vnto the pay of the Romans, as Tacitus said, and of the Grecians, as we read in Pollux. For the Drachma, or Groat, is of the same weight with the Soulz Tournois. The Venetians haue followed the antients, and haue made the ounce of eight Groats, or Drachmaes, and the Drachma of 24 Deniers, and the Denier of two Halfepence, or twentie foure graines: as we vse in France, from which order we may not stray, as being most auntient in all Greece, and the Orientall regions. [ G]

True it is, that the auntient Romans hauing their ounce equall with the Greeks, that is to say, of 576 graines, they diuided it into seuen Deniers of their money, and their Denier was in value an Atticque Drachma, or groat, & three seuen parts more. Wher∣in Buda was deceiued, saying, That there were eight Deniers in the ounce, and that the Romans Denier, or Peny, was equall with the Attique Drachma, and the Roman pound like vnto the Attique Myne; being most certaine that the Roman pound had but twelue ounces, and the Greeke Myne sixteene ounces, according to the marchants pound weight within this realme: the which George Agricola hath well obserued by the calcull of Plinie, Appian, Suetonius, and Celsus. But at this day it is straunge to see the great diuersitie of pounds and ounces in all nations, nay in one and the same kingdom [ H] there are in a manner an infinit sort of pounds: whereof I will make mention of some few. An hundred weight at Paris, make 116 pound at Lion, at Rouan 96⅔, at Tho∣louse 121 pound, at Marseilles 123, at Geneua 89, at Venice 165½, at Genoa 155, at Basil 98, at London 109½. That of Pa•…•…is and Strausbourg agrees, so do they of Basil, Nuremberg, and Francford, and they of Thoulouse, Mompellier, and Auignon, agree in the same pound weight: but they of Tours haue a lighter pound, for fifteene ounces at Paris makes sixteene at Tours. The like difference of weight is to be obserued in the East, and in Affrike, for 100 rowls at Thessalonica, make 91 pounds at Paris: 100 rowls at Damasco, make 120 pounds at Paris, 100 rowles in Siria, make at Paris 503 pounds and foureteene ounces: the like may be written of many others. But the lightest pound [ I] weight of all, is that of Naples, for there an hundred pound weight, make but seuentie foure at Paris. But all this diuersitie of weight may easily bee reconciled in coynes, if they coine their peeces of gold and siluer of the same weight, the same name, and the same bountie, that is to say, that there be no more abatement in the gold, than in the sil∣uer, whereby they can neither raise nor abate the price; as they do oftner than there are monethes, either at the peoples pleasure, or of those that haue authoritie and credit with princes, who borrow all the money they can, and then they raise the price of mo∣ney: so as one hauing borrowed an hundred thousand crownes, raised it suddenly six pence in the crowne, whereby he gained two thousand and fiue hundred pounds star∣ling. Another abated the course of money in March, and raised it againe in Aprill, after [ K] he had receiued the quarters rent. By this meanes also you shall cut off all falsifying and counterfeiting of coines, and the most ignorant shall know the bountie of the one and the other coine by the sight, the sound, and weight, without either fire or touchstone. For seeing that all nations for these two thousand yeares and more, haue alwaies kept, and still do keepe an equall proportion from gold to siluer, it will bee impossible either for the subiect or the prince, to raise, pull downe, or to alter, the prices of coines of gold or siluer, if base money bee banished the Commonweale, and gold set at 23 carats. And yet for that the smallest coines are profitable to the poorer sort, it is needfull to

coyne a third kind of money of copper, without any other mixture, as they haue be∣gun, [ A] and as it is practised in Spaine and Italie: or else diuide the marke of silue in 15036 peeces, euerie peece weighing nine graines, that the poore may buy the smallest things therewith. For whereas the queene of England hath banished all base and copper money, and reduced all her coines to two kinds onely, the least peece of money, which is a peny, being in value about ten Deniers, shee takes from her subiects the meanes to buy any thing at a lesse price; and which is worst, they cannot giue lesse alms to a poore bodie, than of a peny, which holds many from giuing, as I haue shewed in the Para∣dox against Malestroit: the which the Chauncelour of England caused to be translated in the yeare 1569, hoping to redresse it. But it were farre more expedient, to haue no other coine but of gold and siluer, if it were possible to coyne any money lesse than the [ B] penie, and that they would diuide the Marke of siluer (as in Lorraine) into a thousand peeces, which they called Andegauenses: for that Rene duke of Aniou and of Lorraine caused them to be coined, two hundred whereof make but sixpence; and fortie, one Soulz of our base money: and yet they are of reasonable fine siluer. But making it but halfe so little, it would be more firme, and of the same hieght that I haue spoken, and they may be cut and stamped at one instant. For the price of copper being vncertaine in all places, it is not fit to make money of, the which must alwayes be kept as certaine as may be: besides, there is no mettall so subiect to rust, the which doth consume both the stampe and substance: and contrariwise neither gold nor siluer do euer rust. And as for the price, we read, that during the Punike warres, the pound of siluer was worth [ C] eight hundred and fortie pound weight of copper, after twelue ounces to the pound; & then the Denier of pure siluer, which was but the seuenth part of an ounce, was raised from ten pounds of copper to sixteene (as Plinie saith) which was after the rate of eight hundred ninetie six pounds of copper, for one pound weight of siluer, the pound weighing twelue ounces. Afterwards the least coine, which was a pound of copper, was halfe abated by the law Papiria, so as the price of copper was double that which it was before: and when as siluer came in great aboundance, it was reduced to a fourth, re∣maining in the same value, which was 224 pound of copper for a pound of siluer: the which is neere the estimation of copper in this realme, whereas one hundred pounds, [ D] at sixteene ounces to the pound, are worth but thirtie six shillings starling: and in Ger∣manie it is better cheape, although their mouables are thereof; yea in some places the churches are couered with copper: but in Italy it is deerer, and in Spaine and Affrike much more, for it is very scant there.

Some one may obiect, That the aboundance of siluer may also cause an abatement of the price, as we read in Titus Liuius, that by the treatie made betwixt the Aetolians and Romans, it was said, That the Aetolians should pay for ten pounds of siluer one pound of gold: and yet by a law made by Constantine, the pound of gold is esteemed at 41 pound⅖: for he would haue them pay fiue Soulz of gold for one pound of siluer, making seuentie two Soulz of gold in a pound; so as fiue Soulz is iust the fourteenth part of a pound, and two fifts more: and now the price is twelue for one, or little lesse. [ E] True it is, that heretofore the Marke of pure gold was esteemed one hundred eightie fiue Liures; and the Marke of siluer fifteene Liures fifteene Soulz Tournois: so as for one Marke of pure gold vnwrought, they must haue eleuen Markes, fiue ounces, twen∣tie three Deniers, and fiue graines, of the kings siluer vnwrought. Towards the North, where there are many mynes of siluer, and few of gold, gold is somewhat deerer. The pope of Rome more greedie of gold than of siluer, did value the Marke of gold at 12 Markes and foure fifts of siluer: the which is at this present the price of gold and siluer, and was almost two thousand fiue hundred yeares since. For wee read in Herodotus,

that the pound of gold was valued at thirteene pounds of siluer: and the Hebrewes in [ F] their Pandects, set a Denier of gold for fiue and twentie of siluer, the coines of gold be∣ing double to them of siluer; which were twelue and a halfe for one. Wee read also, that in the time of the Persians, & when as the Commonweals of Greece did flourish, that an ounce of gold was worth a pound of siluer: for Stater Doricus of the weight of an ounce, was valued at a pound of siluer, as Iulius Pellux saith. And in Augustus his time, the king of the Indians, had the same estimation of gold to siluer, the which was then brought to Rome: and therefore hee commended the iustice of the Ro∣mans; as wee read in Plini•…•…. Whereby we may coniecture, that the price of these two mettals holds in a manner throughout all Europe, after the auntient estimation. But the value of gold was raised vnder the last emperours, by reason of the spoyle ther∣of [ G] which had bene made for the guilding of things: as Nero his great pallace all guilt, the which had galleries of one thousand paces long: and after him Vespasian, who im∣ploied seuen millions and two hundred thousand crownes, to guild the Capitoll. And Agrippa couered all the temple Pantheon with copper, and then guilt it, to keepe it from rusting. And oftentimes siluer is guilt, although of it selfe it will neuer take rust. Doubtlesse we may well allow the holy ornaments to be of gold, for that the law com∣maunds it: but to haue vessels of gold, beds, bookes, yea and their bridles guilt, argues the madnesse of frantike men: the which if the prince doth not punish very seuerely, the price of gold must of necessitie rise: whereof our nation did vehemently complaine vn∣to the prince, at the estates held at Blois. Moreouer siluer hauing no hold, is little im∣ployed [ H] to siluer withall: besides, the mynes of the North yeeld great store of siluer, & no gold: yet the alteration of price which is made, in processe of time is insensible, which can be no let but the valuation of coines made of these two mettals shall be equall in all states, banishing away all base money. Moreouer a generall traffique dispersed more now ouer the face of the whole earth than euer, cannot allow of any great alteration of gold and siluer, but by a common consent of all nations. But it is impossible to hold the price of things, retaining this base money, the which is altogether diuers and vne∣quall: for euen as the price of all things doth fall, as the value of money decreaseth, (as the law saith) so doth it rise in raising the price of mony. And it must rise & fall, for that there is no prince which holds the laws of mynting equall with other Commonweals, [ I] nor yet in his owne: for that the Aloy of the Soulz differs from that of the Teston, and of pettie Deniers Doubles, Lyards, & peeces of six, and three blankes, the which conti∣nue not long in one estate. The first beginning in this realme to abase the siluer coine, and to mixe the 24 part of copper therewith, was to giue occasion to marchants to bring siluer into this realme, where there is none growing: for eleuen Deniers and a halfe in Fraunce, was as much as twelue Deniers in another countrey. But this deuise was needlesse, considering the great riches of Fraunce, the which they will alwaies fetch bringing gold and siluer from all parts. This mischiefe tooke deeper root in the time of Philip the Faire, who did impaire the blanched money the one halfe, in the yeare 1300, adding as much copper vnto it, as there was siluer: a while after it was brought [ K] to a third, so as the new Soulz was worth but a third part of the auntient. And in the yeare 1322 the Aloie of Soulzes was so weake, as the Marke of silue•…•… was worth 80 Liures Tournois, and had 1600 peeces for a Marke of copper. True it is, that in the same yeare that Charles the seuenth recouered his crowne which had beene taken from him, he caused a new coine to be made in the moneth of October, the which was strong and good, so as the Marke of siluer was set at eight Liures: but in the yeare 1453, •…•…e caused Soulzes to be coined of fiue Deniers of Aloie, and since they haue still decreased: so as king Francis the first, in the yeare 1540, caused some to bee coyned of

three Deniers of sixteene graines: king Henry at three Deniers and twelue graines: so [ A] as the auntient Soulz of the kings siluer was worth almost foure: and king Charles the ninth brought it to three Deniers, the estimation still continuing alike: for that the price of the crowne did arise. And in the yeare 1577, vnder king Henry the third, they decrease almost halfe in weight, and a fourth part in goodnesse, from those of Francis the first. Other princes haue done no better; for the Crutzer of Germany, which in old time was siluer at eleuen Deniers & foure graines, is now at foure Deniers and sixteene graines: the Soulz of Wirtzburg, and the Reichs groschem at six Deniers, that is halfe siluer, and halfe copper. The Scheslind, the Rape, the Denier of Strausbourg, at foure Deniers and twelue graines: the Rapephening at foure Deniers three graines, and the Florines of siluer at eleuen Deniers foure graines: as also the peeces bee of fiue and of [ B] ten Crutzers, the Soulz of Flanders or Patars, whereof twentie are worth twentie and foure of ours, are but three Deniers and eighteene graines of Aloie, and more than two third parts is copper: the peece of foure Patars is at seuen deniers ten graines: the Brelingues of Gueldres, are at eight deniers, and the third is copper. In former times the Soulz, or Groat of England, was at ten deniers twentie two graines: and neuer did all this base coine continue aboue twentie or thirtie yeares at one rate or standard, or at the same weight; and from thence growes the difference of the great Liure Tournois, of the lesse, and of the meane, the Liure or pound of Normandie, the Liure of Britta∣nie, and the Liure of Paris, the which are all different, as wee may yet see it in the taxes of the popes chamber. And in Spaine the Liure or pound of Barcellona, Tole∣do, [ C] Molorque; In England the pound starling is worth ten of ours: And in Scotland there are two sorts of Pounds, the one starling, the other ordinarie. There is no prince in Italie, that hath not his Pound different from others: as in like case the Marke hath generally eight ounces: but the ounce of the Low countries is weaker by six graines than ours, and then that of Cologne by nine graines, that of Nuremberg six graines, and contrariwise that of Paris is stronger by an ounce. The Marke of Naples hath nine ounces, that of Salerne hath ten: and there is no towne almost in all Italie, but dif∣fers in his Marke, which makes the value of their coines so diuers, being so different in their weight & standard: the which troubles the poore people much, who loose great∣ly [ D] by exchange, and generally they which vnderstand not the poier, as they say, or the difference, as the Banquers speake: that is the value of money of exchange from one place to another. And therefore they say of a man that is well practised in affairs, That he vnderstands the poier, as a matter of hard conceit. For they haue made the matter of coines so obscure, by reason of their mixtures, as for the most part they vnderstand nothing therein. For euen as artisans, marchants, and euery one in his facultie, disgui∣seth oftentimes his worke: and as many Physitians speake Latine before women, vsing Greeke caracters, and Arabike words, and Latine words abridged, yea some times they blot their paper that it may not be read, fearing that if their secrets were discouered, they should be little esteemed: so these Mynt-maisters, in stead of speaking plainely, and to say, that the Marke of gold of twelue parts, hath two of copper, or of some other met∣tall, [ E] they say, It is gold of twentie carats: and in stead of saying, that a peece of three blankes is halfe copper, they say it is siluer of six deniers fine, two deniers of weight, and fifteene deniers of course, giuing to deniers and carats, the essence, qualitie, and quantity, of gold and siluer against, nature. And in stead of saying, the Marke hath threescore peeces, they say, it is of fiue Soulz currant. Againe they make some coines certaine or stable, some vncertaine and variable, and the third imaginarie, when as nothing can bee called firme in matters of coine, hauing so diminished the weight, and impaired the bountie of the gold and siluer. For the Ducat which goes currant at Venice, Rome,

Naples, Palermo, and Mess•…•…na, is an imaginarie coyne; it was in old time the same [ F] peece of gold weighing an Angell, or else a Medin of Barbarie, or an Imperiall of Flan∣ders, almost of the same weight and touch with the auntient Ducat, worth ten Carlius of siluer, and the Carlin ten Soulz of the countrey, at 46 peeces to the Marke of gold, and six to the ounce, the which they diuide into thirtie Tarijs, and the Tarij into twen∣tie graines, the which is one grosse vpon the ounce, more than the common ounce, which hath but eight grosse. The law calleth this coine of gold Solidus, the which (as the Angell) hath fortie eight peeces for the marke, and seuentie two for the Roman pound at twelue ounces, the which hath long time bene currant; as it appeareth by the lawes among the Grecians, Germans, English, French, and Burguignons, and it is no∣thing els but our French Crowne of the Sunne. But our Mynt-maisters hauing not [ G] well vnderstood the word Solidus, haue within these fiftie yeares set the Sunne vppon it, tearming it erroneously Aureum Solarem: but the common people retaining their old speech, call it yet the Crowne Sold, of Solidus; the which in old time weighted four deniers, as the Angell. But since princes by little and little, and by graine and graine, haue brought it to three deniers, the which is the old Crowne. And in the time of king Iohn the old Crowne being diminished by little and little, as by the auntient Crowne Sold of three graines, they did coyne Crownes of two deniers and twentie graines weight, of the same standard with the auntient, the which they called Francs, on foot, and on horsebacke (for then they called all French men Francs, as yet in all the East all the nations of the West are called Franques) at which time the Crowne of Bur∣gongne, [ H] which they call Ride, was also coyned of the same weight and goodnesse: the which haue continued vntill the time of Charles the eight, that the Franc Crowne was diminished six graines in weight, and three quarters of a Carat in finenesse: for the old Crownes were of twentie three and three quarters of a Carat, and the Crownes with the Crowne at twentie three Carats. Afterwards king Francis the first correcting somewhat the Crowne with a Crowne, caused the Crowne Sold to be coined at two deniers and sixteene graines, and of the same goodnesse with the other, hauing an eight part of Aloie put to it: the which continued vnto king Henrie, who added foure grains of weight vnto it: and by Charles the ninth it was diminished fiue graines, in the yeare 1561. But the old Crownes, or Ducats of Venice, Genes, Florence, Sienna, Castile, [ I] Portugall, and Hongarie, haue kept twentie three Carats three quarters, and two de∣niers, and eighteene graines of weight, vntill the yeare 1540, that the emperour Charles the fift impaired the fioenesse of the Crownes of Spaine, of one Carat and three quar∣ters, and three graines in weight, causing them to be coined at twentie two Carats, and two deniers fifteene graines of weight. The Crownes of Castile, Valencia, and Arra∣gon, the which they call Pistolets, giuing an ill example to other princes to do the like: as the princes of Italie did, who haue caused some to be made at twentie two Carats & vnder, weighing two deniers and sixteene grains, as be the Crownes of Rome, Luques, Bologne, Salusses, Genes, Sienna, Sicile, Milan, Ancona, Mantoue, Ferrara, Florence, and the new Crownes of Venice. True it is, that Pope Paul the third, began to make [ K] Crownes to be coined in his name at twentie one Carats and a halfe, and two deniers, and foureteene graines of weight; and those of Auignon, which were made at the same time vnder the name of Alexander Farneze legat and the Popes nephew, are baser, and fiue deniers lighter in weight; the which brings an infinit losse to the subiect, and bene∣fit to counterfeit coyners, myntmen, and marchants, which draw the good money out of the countrey, and coine baser in another place. The which is more ordinarie in sil∣uer coine of high value, and aboue eleuen deniers pure, as the Royals of Castile, which hold all eleuen deniers three graines of pure siluer: out of the which other princes here∣tofore

haue gained verie much: for being conuerted into French Testons out of ten [ A] thousand pounds starling, they did gaine six hundred and fiftie pounds, nothing impai∣ring the goodnesse of the Teston of Fraunce, which holds ten deniers 17 grains of fine. And by the same meanes the Swissers which conuerted the testons of France into testons of Soleure, Lucerne, and Vnderuall, gained vpon euery marke one and fortie soulz and eleuen deniers tournois: and for those of Lucerne, Soleure, and Vnderuall, were but of nine deniers and eighteene graines, which is in the whole marke 23 graines of pure siluer lesse then those of France, the which were worth 25 soulz tournois. And as for the waight, those of France are at the least of 25 testons, and fiue eight parts of a teston to the marke, so as the testons of Soleure, are lighter in waight three eight parts of a teston in the marke, the which was worth foure soulz three deniers tournois. And [ B] for that the testons of Soleure & Lucerne cannot be valued but for siluer of base aloye, the which they call Billon, being vnder ten deniers of fi•…•…e siluer, after the estimation of fourteene liures seuenteene soulz foure deniers tournois, the marke of pure siluer, and the testons of France for that they were aboue ten deniers of fine siluer were valued for siluer of high aloye, the which are worth after the same proportion fifteene liures thirteene soulz tournois, the marke of fine siluer; and by reason of the difference of the bountie of the siluer the said testons were lesse then those of France 41 soulz eleuen deniers tournois in the marke, abating for euery peece of the said testons one soulz eleuen deniers. Those of Berne for that they were of nine deniers twentie graines of [ C] fine siluer for the marke were worth one denier tournois in euery peece more then those of Soleure, in gayning therefore but twelue pence vpon a marke it is a great gaine. The Flemings do the like, conuerting the testons of France in royalls of Flan∣ders. Euery Prince hath prouided well by his lawes that neither gold nor siluer should be transported vnto strangers vpon grieuous punishments, but it is not possible to haue them well executed, but that much will be transported both by sea and land. And al∣though none should be transported, yet the subiects should alwayes haue good means to melt, alter and falsifie both gold and siluer coyne, if there be diuersitie of standards; which growes either by licenses graunted to some goldsmiths, or done against the lawes; for they purse vp that which wants in the fines of the siluer which they worke, [ D] as well for the abatement which is allowed them, as for the enamell and solder which they vse, mocking the lawes which are made vpon the price of the marke of gold and siluer, setting what price they please vpon their works, so as it is alwaies sold at a higher rate by the goldsmith then the lawes do allow, siluer by fortie and fiue soulz, and gold at twelue or thirteene liures vpon the marke, so as gold and siluer is bought dearer from the goldsmith and marchant, then from the mint master, who cannot exceed the kings lawes, neither in buying of stuffes nor in coyning. And as soone as the gold or siluer is coyned into money of better waight and goodnes then that of neighbor princes, pre∣sently it is molt by the refiners and goldsmiths to put into plate, or to haue it coyned by strangers after their standard, wherein the changers serue as instruments, and vnder [ E] colour of furnishing the people with money, trafficke with the goldsmiths and mar∣chant strangers: for it is certaine and hath been found true, that within these 25 yeares that the pettie soulz was decried, there hath been coyned in this realme aboue two mil∣lions fiue hundred thousand pounds starling, besides the peeces of three & sixe blanks, which are no more to be found, for that the refiners and goldsmiths found profit in them, so as they which haue great store of gold and siluer plate, can make more vse of it▪ for hauing bought it deere from the goldsmiths, they are loth to sell it with so great losse: and euen king Charles the 9 lost much, hauing exchanged his plate into coyne, whereas before the standard of money coyned was equall with that of the goldsmiths,

so as they could lose nothing in plate but the fashion, the which continues yet as a pro∣uerbe, [ F] It is siluer plate, there is nothing lost but the fashion. Therefore to preuent all these inconueniences, the standard of coyned money, and of works of gold and siluer, must be all one, that is of three and twentie Carats without any alaie or mixture, in gold; and eleuen deniers, and eleuen graines in siluer. They had found some meanes to reforme these abuses, letting out to farme the reuenues of the mint, and the confisca∣tions and amercements that should grow by forfeitures, the which was let out in the yeare 1564 for fiue thousand pound starling a yeare: yet it was abolished at Moulins in the yeare 1566, and the mints were farmed out to such as offred to coyne the greatest quantitie of marks of gold and siluer: by this meanes some branches were cut off, but the rootes of these abuses remained still, so as the fraud will neuer cease. The root of [ G] abuses is the confusion of three mettals, gold, siluer, and copper; which ceasing, neither shall the subiect nor the stranger be able to commit any fraud, but it shall bee soone dis∣couered. But euen as copper and brasse money was not allowed in this realme, for that there was none coyned, so billon or mixture being forbidden, the strangers base money shall be also banished the realme: but so long as the Prince or Commonweale shall coyne base money, there is no hope that strangers subiects will euer cease to counter∣fet in priuat, or to receiue all strange coynes. There is also another benefit both to the generall and particular, which growes (as I haue said) by the defence of the mixture of mettals, whereby they shall auoide hereafter the losse of siluer, the which is accounted for nothing in gold of 14 Carats and vpward, and is lost for the charges of the refining, [ H] the which is done by strong water: for they must haue sixe shillings starling at the least, yea eight to deuide a marke, yet the losse is very great in a great somme, as all the florins of Germanie are but sixteene Carats, or sixteene and a halfe at the most, so as in a hundred thousand marks there are thirtie three thousand marks losse, and of foure∣teene Carats fortie thousand marks and more. And besides that which I haue said, the abuses of officers of the mint shall cease in regard of the abatements, cut of the which the officers were payed their wages; for the abolishing whereof, Henry the 2 king of France ordained, that they should be payed by the receiuers of the same places: which decree although it were holie and good, yet was it afterwards disanulled by king Charles the 9, for that the chamber of accompts at Paris gaue the king to vnderstand [ I] that hee lost yearely aboue a thousand pounds starling, whereas hee should reape profit by his mints; for now the officers were paied, and did in a manner nothing. But the true meanes to preuent all, is to suppresse all the officers of mints, but only in one towne, where they should coyne all sorts of moneys, and to cause them to be payed by the receiuer of the place, the lords right remaining: the which notwithstanding the auntients did not know, and there was nothing deducted out of the money, no not the right of Brassage, as it were verie necessarie, or rather that a taxe were laied vpon the subiect for the coyning of money, thereby to take away the lords right, or any other duties, as they did in old time in Normandie, and at this day in Polonia, to pre∣uent the notable losse which the subiects do suffer. By this meanes also the diuersitie of [ K] the price of the marke (which breedes a million of abuses) shall cease, and forraine coynes shall not be receiued but only to melt, without reckning of any thing for the lords rights, notwithstanding letters of permission obtained by neighbour Princes, to deliuer forth their money in his realme at the same rates as in their owne territories. And for the taking away of all occasions for the falsifying, altering, or changing the standard receiued for coynes of gold & siluer, it shall be needfull to haue all the money coyned in one citie only, whereas the iudges of the mint shall remaine, and to suppresse all others (if the monarchie or Commonweale haue not so large limits, as of necessitie

they must haue more) in which place all the refiners shall worke▪ with a prohibition [ A] vpon paine of death not to refine in any other place, for from them come the great abuses, and to giue notice vnto the ordinarie iudges by preuention to punish all abuses that shall be committed; for it is well knowne what abuses there haue been in this realme in the coyning of money. It is therefore necessarie to imitate the Romans, who for all the subiects of Italie had the temple of Iuno only where they did coyne three sorts of money pure and simple, gold, siluer, and copper, and there had three maisters of the mint, who caused it to be resined and stampt publickly in view of all the world. And to the end that no man should be abused in the price of the coynes, there was also a place appointed where to take the essay or triall of money, at the request of Marius Gratidianus. We reade also that in this realme by a law made by Charlemaigne, it was [ B] forbidden to coine any money but in his Pallace, although his Empire stretched ouer all Germanie, Italie, and the greatest part of Spaine: but since that king Philip the faire, Charles his sonne, and king Iohn had established many mints in this realme, and many masters, prouost and other officers in euery mint, abuses haue also multiplied. But here some one may obiect, that the Persians, Greeks and Romans did coyne money of pure gold, siluer and copper at the highest value that could be, and yet did they falsifie it, as we reade in Demosthenes oration against Timocrates. I answere, that it is impos∣sible to purge the Commonweale cleane of these people, but for a thousand that are now you shall not then find ten, the value of gold and siluer being knowne to euery [ C] man as I haue declared. And if there be any prince so ill aduised as to alter the bountie of his money to gaine thereby, as Marc Anthonie did, who coined siluer that was very base, it will be sooner reiected, besides the blame he shall receiue of all men, and the ha∣zard of the rebellion of his subiects, the which was great at such time as Philip the faire imbased the money. Whatsoeuer the reasons be, it is most certaine there were neuer fewer coyners of counterfet money than in the Romans time, when as they had no money either of gold or siluer but of a high standard; and therefore Liuius Drusus the Tribune was blamed, for that he had presented a request vnto the people to haue an eight part of copper mingled with the siluer money, or as the mintmen say, they should coine money of ten deniers and twelue graines fine: which shewes that euen in those [ D] daies they would not admit any confusion or mixture of gold or siluer, and that their siluer was of the highest rate, as also their gold, as we may see in their medalles of gold, the which are of 23 carats and three quarters; and we find some marked with the Em∣perour Vespasian, where there wants but the 32 part of a Carat but it had been 24 Ca∣rats; the which is the purest and finest gold that can be seene. But it sufficeth for the rea∣sons that I haue alledged, that the gold be of 23 Carats, and the siluer at eleuen Deniers and twelue graines pure. And let them not excuse themselues that they cannot com∣mand the fire, and therefore they demaund a fourth or an eight part of alaie: the which is the cause of many abuses. Yet some may say that it is more expedient to coine dobles and deniers of baser siluer, to auoide the heauines of copper money. I say, that if it be [ E] allowed to coyne base money how small soeuer, that it will proue very preiudiciall, and will be practised in liards and soulzes. And although they did coyne nothing but Dobles and Deniers, yet should they alwaies open a gap for coyners to deceiue the common people for whom this money is made, in the which he hath no knowledge, neither doth he care to haue any, for the small value, without inquiring of the bountie thereof. I haue a letter of Iames Pinatel written to king Henry the 2, in the which are these words: Sir, I thought good to aduertise you that within these sixe moneths they haue coyned in one of your mints, soulzes that are too base by foure shillings in waight vpon euery marke, and foure soulz in the goodnes of the mettall: when i•…•… shall please

your Maiestie I will shew you the worke, and I will acquaint you with the losse which [ F] you and your subiects do receiue, the which will grow greater if you preuent it not with all rigour. It was at that time that he coyned the peeces of sixe blanks, or three pence by the kings commandement, of foure deniers of siluer, and two deniers of cop∣per, and foure deniers and foureteene graines of waight; the which was the best mix∣ture of base money that was then in France, so in like sort they were soone molten, and few of them are now to be seene. Euery man knowes that the losse which the king and the subiect receiued of two shillings fiue pence vpon the marke, came to aboue fiue and twentie in the hundred, and yet the same Pinatel (hauing gotten vnder hand a commission from the generals of the mint, in the yeare 1552) caused Dobles and De∣niers to be coined at Villeneufue of Auignon, and at Villefranche of Rouergue, which [ G] were valued but at twelue soulz the marke; and that it was verified that by this meanes he had stollen little lesse than fortie thousand pounds starling, and had purchased his pardon for fiue thousand pounds, the which he gaue vnto a Ladie, a fauorite of the kings, who did only defer this wicked mans punishment, but not quite free him. I con∣clude therefore that we must not by any meanes allow of any mixtures, no not in the smallest coynes, if we will purge the Commonweale of all counterfet money. By this meanes also the domage shall cease which the poore receiue by the decrying of mo∣ney, or deminution of the price thereof, after they haue made them baser; neither shall they haue any credit with princes which suggest vnto them the profit that they may receiue by their mints, as a certaine officer of the mint did, who gaue the councell of [ H] the treasor to vnderstand, and did also write vnto king Charles the 9, That he might make a great proffit of his mints for the ease of his people: and in truth by his compu∣tation it was found that euery marke of pure gold wrought would yeeld vnto the king sixteene shillings starling, whereas he receiued but two shillings sixe pence, and foure deniers: and for the marke of siluer wrought the king should get foure shillings, whereas now he gained but sixteene deniers being wrought in testons. He aduised to coine money of the kings siluer of twelue soulz tournois currant, and of thirtie peeces to the marke, of the waight of sixe deniers nine grains, the halfe and the quarters after the rate; and of gold coines of 24 Carat, and one Carat of alaie, of thirtie peeces to the marke, & of the same waight with the siluer of six liures tournois. He would also haue [ I] them coine small base money of three deniers of goodnes, and 320 to the marke, and of three deniers currant, and all other kind of billon or base money vnder ten deniers fine, rating the marke at foureteene liures tournois. This was his aduice, but it was reiected as it deserued, for it is a very ridiculous thing to thinke that the king can draw so great a profit from his mints, and yet ease his people, if that be true which Plato saith, That no man gaines but another looseth: and the losse by an ineuitable necessitie fell vpon the subiect, seeing the stranger felt not of it. It is very necessarie that some great prince should mediate that by his ambassadors with other princes, to the end that all by a generall consent should forbid the coining of base money, setting the value of gold and siluer as it hath been formerlie said, and vsing the marke at eight gros or [ K] drachmas, and of 570 graines to the ounce, the which is the most common; and there∣fore should not be of any great difficultie, for that the Catholike King and Queene of England haue alreadie banished all base money, and all the coines of gold in Spaine (except the Pistolets, and the money of Portugall) are at the highest value, and their coines of siluer at eleuen deniers and three graines, the which is the highest that is. And it should be good to haue the money cast in forme of a medall, as the auntient Greeks, Latins, Hebrews, Persians and Aegiptians did, for the charge should be much lesse, the facilitie greater, and the roundnesse more perfect, to preuent all clippers, it

should not be subiect to bow and breake, and the marke would continue for euer, we [ A] should not be troubled with hammering, neither should there be any need of a cutter, of the cisers, or of any helpe at the waight, which falls not out so in that which is stampt; moreouer, they shall make more in one day than they can do now in a yeare. They should also take away all meanes from false coyners to mingle mettals so easily as they do with the presse and the stamp, whereas the peece stretcheth out in breadth which couers the thicknes, whereas the mould would make all medalls of the same mettall equall in bignes, waight, breadth and forme: whereas if a counterfetter would mixe copper with gold more than the allowance of 23 carats, the volume of copper which is in an equall waight twise as big and an eight part more, than that of gold, or twise and an eight part lighter than gold in an equall masse, would make the [ B] medall much greater, and discouer the falsehood. For it is most certaine, that if a masse of gold equall to a masse of copper doth waigh 1550 ferlins, that of copper shall waigh but 729 ferlins, the which is as seauenteene to eight in a grosse waight; as I haue learned of Francis de Foix that great Archimedes of our age, who first discouered the true pro∣portion of metalls in waight and quantitie. We will hold the same opinion of siluer, which hath a greater masse than gold in an equall waight, and that gold is heauier than siluer in an equall masse, once more and foure fiue parts, which is 1551 in com∣parison of 998, or of nine to fiue: and of copper to siluer, as of eleuen to thirteene, or precisely, as 729 to 998, which approch neerer in waight and substance than the rest, [ C] except lead, the which is heauier than siluer, and differs as fifteene to foureteene, or more precisely, as 998 to 929; but they can make no vse of it to counterfet, for that it flies from all other mettalls but from tinne: and much lesse can they vse tinne, being a poison to all other mettalls, and cannot be cast for siluer, for that it is lighter as much as nine is to thirteene, or precisely as 600 is to 929: and much lesse being disguised for gold, the which is heauier than tinne in an equall masse, or of a lesse volume in an equall waight, as much as is betwixt eighteene and seauen, or •…•…ustly betwixt 1551 and 600, the which is twise and two seauen parts heauier. As for •…•…ron, those that do coun∣terfet can make no vse of it by melting, for that it will not be mixt neither with gold nor siluer; and the brasing of plates vpon iron is not hard to discouer. Plinie calles it [ D] Feoruminatio, and we, brazing or soldring, the which the counterfetters of his time did vse. The Seigneur of Villemor, Commissarie of the warres, did shew me an auntient medall of iron couered with siluer, yet the waight and the bignes doth easily discouer the falsehood, if they looke narrowly into it, for that siluer is heauier than iron in an equall masse, or lesse in quantitie being of equall waight, as much as is from foure to three, or precisely from 998, to 634. And as for gold, it is impossible that this ferrumi∣nation and soldring can any thing auaile coyners, seeing that gold is lesse of bodie than iron in an equall waight, or more heauie in an equall masse, as much as is from sixe to nine, or of 1556 to 634. It is not to be feared that quicksiluer can falsifie these two met∣tals, although it approcheth as neere to gold in waight as three to foure, or 1558 to [ E] 1551, for that they haue not so great knowledge to fixe it, but it euaporates into smoke. And thus much as touching the forme of coynes, and the profit that shall come by casting, as it was in old time, and vntill their mines of gold and siluer were worne and spent, and these two mettals worne, lost, hidden, and dispersed, then were they for∣ced to make their money so thin, as they could not marke them but with the hammer, the which hath since been the occasion of many abuses; but euen as the first man ha∣uing little gold and siluer, stampt it with the hammer, and afterwards hauing greater store began to cast it, in like sort must we now returne to casting. They began to come with a mill, but by proofe it appeared that it did not marke well, and that there was al∣waies

thirtie marks of clippings vpon a hundred marks of substance, whereas there is [ F] but one or two at the hammer, and the sound also did differ from that which was stampt: and which is more, the peeces were found not to be alwaies of one waight, for that the plates were sometimes drawne thinner of one side then of another. As for that which I haue said, that the marke of gold and siluer should be diuided into peeces equall of waight, without fraction of peeces vpon the marke, nor of deniers vpon the peece, nor of graines vpon the denier, the profit is very apparant, as well for the chan∣ges of marks of peeces, as for the value, waight, and vndoubted course: so did the aun∣tients for the peece of gold or siluer waighing foure drachmas, the which is halfe an ounce, shall be equall to the sicle of the Hebrews, and the peece of two drachmas or of 32 to the marke shall be equall to the stater Atticus, to the old Philip, to the rose noble, [ G] and to the medalls of gold of the auntient Romans, which the law called Aureus: and the peece of one groat, sold tournois or drachma of 64 to the marke, shall be equall to the Attique drachma, and to the Zuza of the Hebrews, the which in Greece, and throughout all the East was a hirelings daies worke. True it is that the siluer pennie of the Romans was more in waight than three seuen parts, then a souldiers daies pay in Augustus time, the which is a little more then a single roiall of Spaine. And if the al∣terations and changes which are made sodenly be hurtfull and pernitious, they may proceed by little and little, causing money to be coined as I haue said. Vpon these dif∣ficulties (being deputed for the Prouince of Vermandois, at a Parliament held at Blois) I was called with the first President and three Generals of the mint, and Marcel Su∣perintendent [ H] of the Treasure, to repaire the abuses of money, and in the end all that I haue heere said was held to be very necessary, and yet the difficultie and diseases of the Commonweale which were incurable, would not at that time allow of it: which was as much to say, that it were better the sick should perish in languishing, than to cause him to drinke a troublesome potion to cure him. I confesse that siluer mixt will come but to a moitie, being purified to eleuen deniers, twelue graines; but it will continue for euer if the standard be once setled as I haue said, if it be not done the Commonweale must needs come to ruine.

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

WEe haue hitherto in my opinion discou•…•…sed at large of all the parts of a Commonweale, it remaines for a conclusion to know the commodities and discommodities of euery kind of State, and then to make choise of the best, the which was necessarie to reserue vnto the end, after that we had [ K] discoursed both in generall & in particular of all the points of a Commonweale. Seeing then there are but three sorts of Commonweales, that is, when as the whole people, or the greatest part commaunds with absolute power, or else the least part of the citisens, or one alone; and that either of the three may be honest and commendable, or vicious, we must not only flie that which is most vicious, but also chuse the best. The tyrannie of one absolute prince is pernitious, & of many much worse: but there is no tyrannie so dangerous as that of a multitude; for so doth Cicero

call it: yet is it not so bad as Anarchia, where there is no forme of a Commonweale, [ A] no man commands, and no man obeyes. Let vs therefore she those that be vicious, and make choise of the best of these three lawfull gouernments: and to the end that all may be made plaine, I will set downe the commodities and discommodities of euery one apart. First, some one may say, that a popular estate is the most commendable, as that which seekes an equalitie and indifferencie in all lawes, without fauour or acception of persons, and which reduceth their ciuill constitutions to the lawes of nature: for euen as nature hath not distributed riches, estates and honors more to one than to another, so a popular estate tends to that end, to make all men equall, the which cannot be done, but by imparting riches, honors & iustice equally to al men without priuilege or prerogatiue whatsoeuer; as Licurgus did, hauing changed the royall estate into a po∣pular, [ B] he burnt all obligations, banished gold and siluer, and diuided the lands by equall lots; then tooke he great pleasure to see the shocks of corne equall in the field, thereby cutting off couetousnes and arrogancie, two of the most pernitious plagues of a Com∣monweale, and not only those, but he also banished rapine, theft, extorsion, slanders, partialities and factions, which can haue no place when all are equall, and that one can haue no preheminence ouer another. If then societie betwixt man and man cannot be maintained without friendship, and that the nurse of friendship is equalitie; seeing there is no equalitie but in a popular state, of necessitie that forme of Commonweale must be the best: in the which a naturall libertie and iustice is equally distributed to all men without feare of tyranie, crueltie, or exaction; and the sweernes of a sociable life seemes [ C] to draw men to the felicitie which nature hath taught vs. There is one point that seems very considerable, to shew that a popular estate is the goodliest, the most excellent, and the most perfect, which is, That in a Democraty there haue alwaies been greater com∣manders in armes, and worthier men in lawes, greater orators, philosophers and handi∣crafts men than in the other two estates: whereas the faction of few great men among themselues, and the iealousie of a Monarke keepes the subiects from all noble at∣tempts. And it seemes that the true marke of a Commonweale consists in a popular estate only, in the which the whole people inioyes the publick, diuiding the common treasure amongst them, with the spoiles, rewards, honors and conquests, whereas few [ D] noblemen in Aristocratia, and one in a Monarchie seeme to conuert all the publicke good to their owne priuate commodities. To conclude, if there be nothing more to be desired than to haue the magistrates obedient to the lawes, and the subiects to the magistrates, it seemes it is best obserued in a popular state, whereas the law alone is ladie and mistres ouer all. These reasons are produced by popular men to maintaine a po∣pular estate; they haue a goodly shew, but in effect they are like vnto spiders webs, the which are very subtill and fine, but haue no great force: for first of all, there was neuer Commonweale where this equalitie of goods and honors was obserued, as we haue shewed before concerning goods; and as for honors, they should do therein contrarie to the law of nature, which hath made some more iudicious and more ingenious than [ E] others, and by consequence hath ordained some to gouerne, and others to obey; some she hath made wise and discreet, others foolish and mad; to some she hath giuen excel∣lencie of wit to gouerne and command, to others force of bodie to execute their com∣mandements. And as for the naturall libertie they so much preach of in a popular estate, if that were of force, there should neither be magistrates, lawes, nor any forme of state whatsoeuer; else there should be no equalitie: and yet there is no forme of Com∣monweale which hath so many lawes, so many magistrates, nor so many comptrollers as a popular estare. And as for the publick reuenues and treasor, it is most certaine that there is no Commonweale where it is worse gouerned than by the people, as we haue

declared elsewhere. Whereof amongst many others, Xenophon is a worthy witnesse: [ F] I cannot (said he) allow of the Athenians estate, for that they haue followed that for me of Commonweale, whereas the wicked are alwayes in greatest credit, and men of ho∣nour and vertue troden vnder foot. If Xenophon (who was one of the greatest cap∣taines of his age, and who then carried away the prize to haue happely ioyned the mannaging of affaires with armes and Philosophie) hath giuen such a censure of his Commonweale, which was the most popular, and amongst the popular the most estee∣med, and best ordered; or to speake more properly, the least vicious (as Plutarch saith;) What iudgement would he haue giuen of other Democraties, and Ochlocraties? Wherein Machiauel is much deceiued, to say, That a Popular estate is the best: and yet forgetting his first opinion, in anther place hee said, That the onely meanes to re∣store [ G] Italie to her libertie, is to haue one prince, labouring to frame the most Tyranni∣call estate in the world. And in another place he confesseth, That the estate of Venice is the goodliest of all, the which is more Aristocraticall: so as no man can iudge what this wicked and inconstant man meanes. If we shall beleeue Plato, wee shall find that he hath blamed a Popular estate, tearming it, A Faire where euery thing is to bee sold. We haue the like opinion of Aristotle, saying, That neither Popular nor Aristocra∣ticall estate is good, vsing the authoritie of Homer, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. And the Orator Maximus Tirius holds, That a Democraty is pernitious, blaming for this cause the estate of the Athenians, Syracusians, Carthagineans and Ephesians: for it is impos∣sible (saith Seneca) that he shall please the people, that honours vertue. And therefore [ H] Phocion (one of the wisest, and most vertuous men that euer was) was alwaies opposit to the people of Athens, and the people to him: and as on a certaine day the Athenians allowed of his counsell, he turned to his companions, saying, Quid malū mihi accidit, vt populi sensus cum meis congruerent, What ill haue I done, that the people concur with me in opinion? And how can a multitude, that is to say, a Beast with many heads, with∣out iugemēt, or reason, giue any good councel? To aske councell of a multitude (as they did in oldtimes in Popular Commonweals) is to seeke for wisdome of a mad man. The which Anacharsis seeing, & that the magistrats and antients deliuered their opinions in open assembly, and then the people concluded; he said, That in Athens wise men pro∣pounded, and fooles disposed. And admit one might draw a good resolution from a [ I] multitude, who is he so sencelesse, that would thinke it fit to publish a matter of state in an open assembly? Is it not to prophane holy things? and yet holy things beeing pro∣phaned, may be purified: but a secret concerning affaires of estate, being once published and spred abroad, there can nothing be expected but preiudice and dishonour to the Commonweale. And for this cause especially the Commonweale of Athens, of Sira∣cusa, and of Florence, haue bene ruined. I omit the difficultie to assemble the people in one place, the disorder that is in a multitude, the varietie and inconstancie of people ga∣thered together of all sorts: and yet (if it please not the magistrat) neither shall Senat nor people be assembled: as it happened in Caesars Consulship, who to preuaile in his attempts (hauing terrified Bibulus his companion, and drawne his sword vpon him) he [ K] would not suffer the Senat to be assembled so long as his office continued. And if the Tribune were vnited with the Consull, neither there the Senat nor the people could be assembled: so as the authoritie of the Senat, and the soueraigne maiestie, was by this meanes subiect vnto six or seuen: whereby the state was brought into great danger, in not resoluing speedily in vrgent affaires. For by the lawes of Solon, and of the twelue tables, the people must bee assembeld three times, before they should allow of any law that was published. Oftentimes it chaunced, that the flying of a bird on the right hand, or the crying of a rat, or the falling sicknesse (it may be of some drunken man) hindred

the assembly; or at the least protestation of some stamering sooth-sayer, or the oppo∣sition [ A] of a magistrat, all was dissolued. Whereof Cicero and Cato himselfe complained verie much, for the power and fauour of competitors (which were alwaies many in number) to haue offices, and being enemies one to another, hindred the assembly of the people, or troubled it being assembled; and the magistrats which were in office sup∣ported them, to continue their power: so as sometimes a whole yeare was spent with∣out the creation of a new magistrat: as it happened when as Pompey the Great was cho∣sen Consull alone. And therefore the Grisons, who maintaine a Popular estate, assem∣ble the people but euery two yeares at Coire, for the creating of new magistrats, and the making of new lawes. For there is nothing more daungerous, nor more contrarie to a Popular estate, than to continue magistrats long in their office. What is more ab∣surd, [ B] than to allow of the rashnesse of a light and inconstant multitude for a law, who in discerning and giuing of honours, are commonly carried away with a blind and incon∣siderat violence, rather than with any setled iudgement? What is more foolish, than in the greatest extremities of a Commonweale, to seeke councell from a mad multitude? for the magistrat can do nothing without commaund, and if they might they would not; neither dare they, being terrified with the peoples furie, who impute all mischaun∣ces, and their owne errours, vnto the magistrats. So as Philip the first, king of Mace∣don, hauing inuaded and spoyled the confines of Attica, there was not any magistrat that durst assemble the estates, the people came to the place of assemblies vncalled, whereas they found no man that durst speake vnto them, as Demosthenes writeth. The [ C] like happened at Florence, when as the emperours armie approached to besiege them, at the instance of pope Clement the seuenth, al the people were so amazed, as they knew not what to resolue: For by the lawes of Florence, all the citisens should assemble be∣fore the Towne house, to resolue vpon the articles propounded by the chiefe magi∣strat, and then they were quite daunted. It is the weaknesse of a multitude (saith Titus Liuius) to waxe proud, and to insult with all licentiousnesse in prosperitie, and to be de∣iected and amazed with any aduersitie. And how is it possible that the soueraigne ma∣iestie of an estate shall be maintained by a multitude, guided by a magistrat, who often∣times must keepe them in awe by seueritie, Et in qua regenda plus poena, quam obsequium [ D] valet (said Titus Liuius) In the gouernment whereof punishment more than obedi∣ence preuailes. So Phocion, seeing that the Athenians would not giue him audience, he cried out, O fustuarium Corcyraeum, quou•…•…s talento pretio sius, O scourge of Corfu, more pretious than any talent: Which shewes the maiestie doth perish and decay in a mul∣titude, whereon the chiefe ground of a Commonweale consists. But passing on, all men that haue written of estates, do hold, That the chiefe end of all Commonweales, is to flourish in pietie, iustice, valour, honour, and vertue; by the which humane society is preserued. But a Popular estate hath bene alwaies opposit, and an enemie to all good men. For the preseruation of a Popular estate (if we shall beleeue Xenophon) is to ad∣uance the most vitious and vnworthy men to offices and dignities. And if the people should be so ill aduised, as to giue offices of honour vnto vertuous men, they loose their [ E] power: for that good men would fauour none but the good, which are alwayes fewer in number: and the wicked and vicious (which is the greatest part of the people) should be excluded from all honour, and by little and little banished: so as in the end wise men should seize vpon the estate, and take that from the people. The Athenians therefore (said Xenophon) gaue audience to the most wicked, knowing well, that they would speake pleasing things, and profitable to the vicious, as most of the people be. I cannot (said Xenophon) but blame the Athenians, to haue chosen the most vicious forme of a Commonweale: but hauing chosen it, I doe much esteeme them they doe so

carefully maintaine it, in reiecting, chasing away, and banishing the noble, wise, and ver∣tuous; [ F] & aduancing the impudent, wicked, & vicious: for the which vice thou so much blamest (saith he) is the preseruation of a Popular estate. And as for iustice, the people (saith hee) haue no regard of it, so as they may get profit by their iudgements, which they sell to them that will giue most, seeking by all meanes to ruine the rich, the noble, and the vertuous, whome they torment continually, for the capitall hatred they beare against all good men, being contrarie to their naturall dispositions. And therefore a Popular state is the sinke and refuge of all turbulent spirits, mutines, seditions, and ba∣nished men, which giue councell, comfort, and aid, vnto the people to ruine great men: For as for the lawes they haue no respect of them, for that in Athens the peo∣ples will is a law. This is Xenophons opinion, touching the Commonweale of Athens, [ G] who saith, it was the best ordered of al the Popular Commonweals in his time: neither would he haue them to change any thing to maintain the people in their grea•…•…nes. The like censure Marcellus the lawyer hath of a strumpet, saying, That shee hath not well done to haue abandoned her honour; but hauing lo•…•…t all modestie, it was not ill done, to get what she could by her trade. So Xenophon concludes, That a Popular estate is nothing worth, but to maintaine it so being once setled, they must banish all honor and vertue: that is to say, the greatest tyranny is not so daungerous, as a Popular estate thus gouerned.

But there is yet one plague more capitall in Popular estates, the which is, Impunitie to the wicked, so as they be citisens, that is to say, pettie kings: and euen in the Popular [ H] estate of Rome, it was forbidden to all magistrats vpon paine of death, To condemne to death, or to banish any citisen, nor to depriue him of his libertie or priuilege of a ci∣tisen, nor to whip him with rods. For it is a setled law almost in all Popular estates, Ne ciuis quisquam quantumcumque scelus siue in deos, siue in homines admiserit, capite feria∣tur, That no citisen should die the death, what offence soeuer he had committed either against the gods, or men. Therefore Verres (omitting the rest) being accused and con∣demned of theft, and of a hundred thousand concussions, extortions, and false iudge∣ments; was thought to be seuerely punished, for that hee was enioyned to depart out of Rome: and why, for that Popular states would haue their libertie defended with the lenitie of lawes, and not with the sharpnesse of punishments. And yet they banished [ I] Ruti•…•…ius, Metellus, Coriolanus, the two Scipions, brethren, and Tully: as in Ephesus they banished the vertuous Hermodorus: in Athens they expelled Aristides the iust, The∣mistocles died in exile, Miltiodes in prison, Socrates by poyson. And although that Phocion the most iust and vertuous man of his age, had bene chosen Generall fortie and fiue times, without any reproach or blame, yet (without any accusation or information against him or his companions) a base pleader, of the scumme of the people, steps vp be∣fore the multitude, and demaunds, If they would haue Phocion and his companions put to death: wherewith all in generall did arise vp, and holding vp their hands, con∣demned him, not excluding any slaue, woman, nor straunger from this condemnation, for the which many ware garlands of flowers. Which Phocion hearing, said, Me [ K] quidam a vobis damnari facile patior: sed cur isti? For my part, I am contented to bee condemned by you: but why these men? To whome the people being mad, aunswe∣red, Quoniam tibi sunt amici. Neither was the furie of this mad people pacified, vntill they were all without sentence, accusation, or cause, put to death. Neither is there any hope, if a multitude begin once to insult ouer the good, that either shame or reason shal reclaime them from their furie and madnesse. Yet notwithstanding the wicked do com∣monly escape the peoples hands: which Demosthenes seeing, and that they had absol∣ued Antipaphon, a most capitall offender, he proceeded, and caused him to be condem∣ned,

and afterwards put to death by a decree of the Areopagits, little regarding the peo∣ple, [ A] for the which he was not blamed. Whereby it appeares, that there was neither iustice nor maiestie in a Popular estate. And as in a Popular Commonweale thus go∣uerned, all offices are sold to them that will giue most, so the magistrats sell by retaile that which they haue bought in grosse. And euen Mar•…•…us durst carrie bushels of siluer into the assemblies at Rome, to purchase the peoples voices: the like wee read of Pom∣pey. It is no maruell then if we read of infinit corruptions and concussions in Rome: but it was more fowle and odious in Athens, whereas when Stratocles and Damoclides entred into their offices, they did openly brag▪ That they went to a golden haruest. If offices, lawes, iustice, and honours, were so vnworthily sold in these great Common∣weales, being inriched with the spoyles of other people; what shall we iudge of Popu∣lar [ B] estates opprest with want and need? Wee haue the example of the Megarences, who hauing expelled their prince Theagines, established a Popular estate so licentious, as it was lawfull for the poore to goe and spoyle the rich, as it is in Plato. Euen so wee read, that the Swissers did long after they had expelled the nobilitie. If they would haue any one spoyled by the multitude, they did set the picture of a man with boughes vnder him at his doore, and then was he presently stript of all that he had, were he the richest or most innocent citisen. And they which doe so highly commend the Popular estate of the Romans, should rather haue extolled the worthy deeds of noble and va∣liant men, than the cities forme: they should set before their eyes the seditions and ci∣uill [ C] warres, wherewith that citie had bene shaken, and represent the people of the one side of a mountaine, and the nobilitie of another, diuided three times; and many times the furious Tribunes with their turbulent Orations, to threaten death or banishment to the best citisens: Sometime Saturnine the Tribune, with a rabble of rascals, slaues, and artisans, armed with staues and stones, to come into the open assembly of the people, and to expell the honester partie, and kill him that was chosen Consull by the peoples suffrages. The which the Tribunes alone did not, being enraged against the Consuls, but euen the Consuls among themselues. How many murthers of citisens haue beene seene in the middest of the citie, in the field of Mars, in the court, in the temples of their gods, yea in Iupiters capitoll, Tiberius and Caius Gracehus, Drusus, Saturninus, and Sul∣pitius, [ D] were cruelly slaine: when as the Consull Cassius made a proclamation, That all the Latines, and Heniques, which had no houses within Rome, should depart the citie. Virginius his companion made a decree to the contrarie, not so much to crosse his companions authoritie, but to set the citisens and straungers together by the eares in the middest of the citie. What was more vnworthy, or more contrarie to ciuill socie∣tie, than to see a citisen vnder an innocent gowne, to come armed to the assembly, to sue for offices, as if they went to warre, and oftentimes the contrarie factions fell to blowes. And Tully saith, Lapidationes in foro saepe vidi•…•…us, non saepe▪ sed tamen nimis sae∣pe gladios, We haue oftentimes seene stones cast in the assembly of the estates, and swords drawne, not so often, but yet too often. And a little after, Meministis (inquit) cor∣poribus [ E] ciuium Tiberim compleri: cloacas refarciri, e foro spongijs effundi sanguinem, You remember (said he) that the riuer of Tibe•…•… hath bene filled with the bodies of citisens, that the common priuies haue bene stuffed full, and the blood suckt vp in the market place with sponges. To conclude, if we shall rip vp all the Popular estates that euer were, we shall find, that either they haue had warre alwayes with the enemie, or with∣in the state: or else that they haue bene gouerned in shew by the people; but in effect by some of the citisens, or by the wisest among them, who held the place of a prince and monarch. Whilest that the Commonweale of Athens did flourish, it was gouer∣ned by the Senat of the Areopagits: and when as their power and authoritie was re∣strained,

Pericles (saith Thucidides) was a very Monarch, although in shew it were Po∣pular. [ F] And Peter Soderin (in an Oration hee made vnto the people of Florence, to change the estate) said, That in the time of Laurence de Medius, the Commonweale in shew was Popular, but in effect a meere Tyranny, for that Laurence gouerned all a∣lone: but he doth not say, that it was neuer more flourishing, and that before they were neuer ten yeares free from seditions, and the most bloody factions that euer were. In like sort the Popular estate of the Romans, which had bene afflicted with so many for∣ren and intestine warres, was it not maintained and flourished both in armes, and laws, by the Senat, and was not the authoritie thereof supported, by Menenius Agrippa, Furi∣us Camillus, Papirius Cursor, Fabius Maximus, Scipio, Cato, Scaurus, Pompey, and diuers others? who maintained the beautie of the Senat, and restrained the people, keeping [ G] them within the bounds of honour? We do also read, that Pelopidas, and Epaminon∣das, were as it were lords of the Popular estate of the Thebans, after whose death the people found presently, that they had lost their chiefe pilots: as it happened in the like case vnto the Athenians, after the death of Pericles, Then (said Plutarch) the people did float vp and downe, like a ship without a helme: and as euery one would gouerne and commaund, some to set saile, others to go to harbrough, a storme came (saith Polybius) and the ship perished. And although the Athenians, after they had lost the soueraign∣rie of Greece, gouerned their citie & territorie popularly, yet Demosthenes spake plaine∣ly, and openly before the people, That the estate of Athens was vnder the power of Orators and Pleaders, of whome the captaines depended, who had at the least three [ H] hundred men bribed, to passe whatsoeuer they pleased for money. A common disease (saith Plutarch) in all Popular estates. Liuius writeth thus of the Popular estates of the Tarentines, In potestate Iuniorum plebem, in manu plebis, rem Tarentinam esse, The estate of Tarentum was in the peoples hands, and the people in the power of the younger sort. And a little before the declining of the Popular estate of Rome, Crassus, Caesar, and Pompey, whome they called a triple head, gouerned and held all the Senat and peo∣ple in their power and subiection: but two of them being slaine, the third became an absolute Lord. Whereby we may gather, that a Popular commaund cannot subsist without a wise pilat and gouernor, and leauing it to the most sufficient, in the end they make themselues masters, and the people serues but for a maske. [ I]

But some one will say, Doe we not see that the Cantons of the Swissers haue setled a goodly Popular estate, & haue continued their gouernment aboue three hundred and fiftie yeares, and by this meanes haue not onely preserued themselues from tyranny, but haue also chased away tyrants their neighbours? The aunswere hereunto is dou∣ble: First, the situation of the countrey, and the disposition of the people agrees best with a Popular estate. Secondly, the most seditious, & mutinous, go to the seruice of o∣ther forren princes: and the rest of the common people being more mild & tractable, are easily kept in awe. Moreouer all the heads of the Cantons & Popular states, hauing entred into an offensiue and defensiue league, are strictly tied and vnited together; like vnto those that goe by night, or that are in a slipperie or daungerous way, holding [ K] one another by the hand: and in this sort they maintaine themselues against the power of Monarchs, as in old time the Athenians and Thebans did. Besides, the foundation of their Popular estate was built and cimented with the blood of the nobilitie, and of the chiefest, especially at the battaile of Sampac; then afterwards at that at Basil, when as king Lewes the 11 (beeing then but Daulphin) had the victorie: then all the nobi∣litie of the countrey, which had followed him, were banished, and the rest retired them∣selues willingly, after the treatie of the ten Cantons, made in the yeare 1510, and at the chaunge of religion in the yeare 1529: so as there remaines but a very few at Berne and

Zurich, whereas the estate is Aristocraticall. And not only the Cantons, but also those [ A] at Strausbourg, Lyndaw, Sienne, Genes, and Florence (to settle a popular libertie) slue or banished the nobilitie: as they haue done in many townes of Germanie. After they of Florence had made away their nobilitie, they diuided themselues into three factions, the greater, the meane, and the popular: and as the greater sort entred into factions, and slue one another, the meaner thought to become maisters, who were so incensed one against another, as the whole citie was nothing but fire and blood, murthering one another, vntill that the scumme of the people tooke vpon them the gouernment, they alwayes hated them that looked like gentlemen, or that ware a sword, or that had got∣ten to any degree of honour, in what Commonweale soeuer, or that had gathered together more riches than the rest: which made them of Strausbourg (after they had [ B] slaine all the nobilitie, to settle a Popular estate) to decree, That whosoeuer did aspire to be Grand Bourgmaster, should proue that his grandfather was a day labourer, an ar∣tificer, a butcher, or of some such like condition. And the auntients (to assure Popular estates) did striue to equall all citisens in goods, honours, power, and rewards: and if any one were more vertuous, more iust, or more wise, than the rest, he was banished, as I haue shewed before, seeking to make an equalitie, if it were possible: and euen Plato did wish, That wiues and children should be common to all, to the end that no man might say, This is mine, or, That is thine: for those words of Meum, and Tuum (said he) were the breeders of discord, and the ruine of states. By the which there will grow many ab∣surdities: for in so doing, a citie shall be ruined, and become a houshold (as Aristotle [ C] said) although that a houshold or familie (which is the true image of a Commonweale) hath but one head. And for this cause an auntient lawmaker, beeing importuned by some one, to make his country a Popular estate: Make it (saith he) in thine owne house. And if they say, That it is a goodly thing so to vnite citisens and a citie, as to make one houshold of it, they must then take away the pluralitie of heads and commaunders, which are in a Popular estate, to make a Monarch, as the true fathers of a familie; and to cut off this equalitie of goods, power, honour, and commaundement, which they seeke to make in a Popular estate: for that it is incompatible in a familie. But the grea∣test inconuenience is, that in taking away these words of Mine, and Thine, they ruine [ D] the foundation of all Commonweales, the which were chiefly established, to yeeld vn∣to euery man that which is his owne, and to forbid theft; as it is commaunded by the word of God, who will haue euery man to enioy the proprietie of his owne goods: and we may not say, that nature hath made all things common, for the law of the mo∣ther is not contrarie to the commaundement of the father (as Salomon said) figuring by an Allegorie the commaundements of God, and the law of nature. But the true popu∣lar libertie consisteth in nothing else, but in the enioying of our priuat goods sincerely, without feare to be wronged, in honour, life, wife or familie, the which euen theeues & robbers labour to keepe. And as for the power of commaund, which popular men would make equall, there is lesse reason than in goods: for discretion and wisedome is [ E] not equally giuen to all men, and in a Popular estate they must of necessitie chuse the most sufficient magistrats, to commaund, and to administer iustice. Moreouer, where∣as there is no forme of soueraigntie, nor of a Commonweale, yet a•…•…e the people con∣strained to chuse a magistrat or captaine to commaund them, and to doe iustice: as in the countrey of Gusula in Affrike, where there is neither king, nor any forme of a Com∣monweale, the people on their Faire day chuse a captaine to doe iustice, and to assure the course of traffique. And on the frontiers of the kingdome of Fez, the inhabitants of the mountaine of Magnan (who in like sort haue no forme of a Commonweale) if they see any straunger to passe by, which seemes to excell the rest in wisedome, him

they stay by force, to administer iustice vnto them. It is a maxime in Popular states, [ F] That when as the persons are equall which are to vndergo a charge, to cast lots: and if one exceeds another, then they chuse the most sufficient. And who doth not see the great difference among men, that some haue lesse iudgement than bruit beasts; and o∣thers haue such cleere marks of diuine light, as they seeme rather angels than men? and yet those which seeke equalitie, will haue the soueraigne power of life, honour, and goods, giuen vnto furious, ignorant, and mad men, as well as vnto iudicious and wise men: for the voices in all assemblies are numbred, without any due consideration of euerie mans worth: and alwayes the number of fooles, wicked and ignorant men, doth farre exceed the good, if that be true which Salomon saith, That there is not one among a thousand: the which is confirmed by the Poet, [ G]

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

And yet there is a naturall reason, which doth teach vs, that the equalitie they seeke, doth ruine the grounds of all loue and amitie, the which can hardly subsist among equals, for that there are neuer more quarrels & dissentions, than among them that are equall; either for that the one seekes to supplant the other, or for that the one may liue without the other. And it seemes that God hath imparted his benefits and graces, to countries and nations, in such a measure, as there is no man but hath need of another: to [ H] the end that through mutuall courtesie and good offices, euerie nation in particular, and all in generall, should be constrained to contract alliances and friendships together: as it is seene in a mans bodie, the which is the figure of a wel ordered Commonweale, there is no member but receiues helpe and succour from the rest, and that which seems most idle, disgests the nourishment for all the rest: as Menenius Agrippa a Roman Senator, did wisely shew vnto the common people, which were fallen from the nobilitie, & did seeke to equall themselues vnto them in power and authoritie. Popular gouernments in the beginning seeme pleasing and goodly, contrarie to Monarchies: the which are like vnto great riuers, which at their first springs haue small and weake currents, but in∣creasing by their long course, their streames grow bigger, & more rough, and run with [ I] more spacious chanels, the farther they are from their heads and springs. But Popular states are like vnto the wind, the which is most vehement where it riseth, but at the length it is broken and groweth weake. I haue discoursed hereof the more at large, to shew the inconueniences which follow a Popular estate, to the end I might reduce them to reason which seeke to withdraw the subiect from the obedience of their natu∣rall prince, through a false hope of libertie, in framing of Popular states: the which in effect is nothing else, but the most pernitious tyranny that can be imagined, if it bee not gouerned by wise and vertuous men. And therefore among the Cantons of the Swis∣sers (those which are best ordered) although they haue established a forme of Popular Commonweale, yet they gouerne themselues Aristocratically, hauing two or three [ K] councels, to the end the people deale not in affaires of state as little as may be; assem∣bling seldome but by quarters, or parishes, which they call Schaffes (as in old time the inhabitants of Mantinea a Popular state did) fearing the tumults and rebellions which fall out commonly when they are altogether. But seeing it is not in the power of good citisens, nor of wise polititians, to change a Popular estate into a Monarchie: the chiefe grounds then of a Popular estate consists in the strict obseruation of lawes and ordi∣nances, being of it selfe quite different and disagreeing from the lawes and order of na∣ture, which giues the commauud vnto the wisest: a thing verie incompatible with the

people: for if a multitude (being impatient of command) haue not good lawes and [ A] statutes before their eyes, as lights to guide them, the estate will be soone ruined. And therefore the Swissers do obserue their lawes verie seuerely, else their estate had not bene so durable: for euen as weake & crased bodies fall soone into diseases, if they leaue the good diet and order prescribed them by the Physitian; so is it in a Popular state, if they doe not obserue their laws and ordinances. And thus much to satisfie them which are not contented, although the greatest men that euer were, haue disallowed of a Po∣pular estate.

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

A man may also say, that the soueraigntie should be giuen onely to the most rich, as to them that haue most interest in the preseruation of the whole state. Without doubt the most rich haue the greatest interest, and beare a greater charge than the poore, who hauing little to loose, abandon the Commonweale at need. And therefore Q. Flami∣nius did wisely commit the gouernment of the cities of Thessalie, to the most rich, as [ D] to them that had most interest in the preseruation of the state. Moreouer it seems that necessitie doth guide vs to an Aristocraticall estate: for although that in a Popular estate, and in a Monarchy, the monarch or the people in shew haue the soueraigntie, yet in effect they are forced to commit the gouernment to the Senat, or priuie Councell, who consult, and many times determine of greatest affaires: so as it is alwaies an Opti∣macie. And if the monarch, or people, be so ill aduised as to gouerne otherwise than by a wise councell, there can nothing bee expected but an ineuitable ruine of the state. I omit other reasons lesse necessarie, as euery one may coniecture, to conclude, that an Aristocratie is the most commendable state. And yet I say, that all together are not sufficient to proue it: for as for that commendable mediocritie which we seeke, it is not [ E] reall, diuiding things in the middest, but consists in reason: as liberalitie a mea•…•…e betwixt two vicious extreames, yet doth it approach neerer vnto prodigali•…•…e than vnto coue∣tousnesse. The meane which they seeke betwixt one and all in generall, is reall; neither can it euer be alike, for that there are some cities which haue not a thousand citisens, and others that haue aboue three hundred thousand: so as an Aristocraticall estate shall be alwaies mutable and variable, for the vncertaintie of the number: and it will often fall out, that a great Aristocraticall estate shall haue more commaunders, than a Popular state in a small citie shall haue citisens: as if there be foure hundred thousand citisens, to obserue a true Geometricall proportion, there must be foure thousand gouernours or

commaunders: so as by a necessarie consequence, the inconueniences which are inci∣dent [ F] to a Popular estate, will also fall out in an Aristocratie, by reason of the multitude of lords: for the more gouernours there be, the more factions will grow, their consul∣tations will be more hard to determine, and are sooner discouered. And therefore those Aristocraticall estates are more durable and assured, that haue fewest lords: as the La∣cedemonians, who had but thirtie gouernours, and the Pharsalians twentie; they did long maintaine their estates, whereas others decaied soone. It is not then the middle number betwixt one and all, which makes that commendable meane, seeing that there be as many kinds of vicious Commonweales, as of commendable and vertuous.

As for the other point, That they must giue the soueraigntie vnto the most worthy, It is true; but the argument makes more for a Monarchy, than for an Aristocratie: for [ G] among the most noble, the most wise, the most rich, and the most valiant, there is al∣wayes some one that doth excell the rest, to whome by that reason the soueraigntie doth belong: For it is impossible to find them all equall in all respects. And as for the Senat, or Councell, we haue shewed before, that it is diuided from maiestie, and hath no power to commaund, in what estate soeuer: else doth it loose the name and marke of a Senat, the which is ordained to no other end, but to giue councell to them that haue the soueraigntie, to whome belong the resolution & decision of the councell. But Plato had another argument for an Aristocratical estate, saying, That it was verie hard to find any one man so wise and vertuous, as was requisit for the gouernment of an estate, and by that meanes a Monarchie were not sure. But this argument is captious, and may be [ H] vsed against himselfe: for if it be hard to find any one prince so wise as he desireth, how shall they find out so great a number as is needfull in a Seigneurie. And Peter Soderin Gonfalonier of Florence, speaking vnto the people against an Aristocraticall estate, he vsed the same argument which Maecenas did before Augustus against Marcus Agrippa, saying, That the gouernment of few lords, is the gouernment of few tyrants: and that it was better at all euents to haue but one tyrant. For if any one will say, that among many there will haply be some number of good men, we must then rather chuse a Po∣pular estate, for that in a great number there will be found more vertuous than in a lesse. But both the one and the other is vnprofitable: for as well in all Aristocraticall and Po∣polar estates, as in all corporations and colledges, the greatest part doth still ouer-rule [ I] the sounder and the better: and the more men there be, the lesse effects are there of ver∣tue and wisedome (euen as a little salt cast into a great lake, looseth his force:) so as the good men shall be alwayes vanquished in number by the vicious, and ambitious: and for one tyrant there shall be a hundred which will crosse the resolution of the lesser but of the sounder part: as it is alwaies seene as well in the diets and assemblies of the prin∣ces of Germanie, whereas the spirituall princes of the empire, being the greatest num∣ber, haue alwaies crost the princes temporall: so as by their means the emperour Charls the fift, caused the empire to declare it selfe an enemie to the house of France, the which had not bene so in many ages: to the end the temporall princes should haue no hope of any succours from Fraunce in their necessities, whereinto they soone after fell. And [ K] to make short, it hath bene alwayes seene, that the more heads there be in a Seigneurie, the more controuersies arise, and lesse resolution. And therefore the Seigneurie of Ve∣nice to auoid these inconueniences, commits all affaires of state to the mannaging of a dozen persons, and most commonly to seuen, especially to keepe their affaires secret, whererein consists the health and preseruation of an estate.

But let vs suppose, that a priuie Councell in an Aristocraticall estate, bee so secret, as nothing is discouered; yet is it a difficult thing for few commaunders to maintaine their estate against a multitude, which hath no part in honourable charges: for that most

commonly the lords scorne and contemne the popular, and the poore carrie alwaies [ A] a capital hatred against the great: so as vpon the least dissention among the nobles (the which is ineuitable if they be men of faction, and giuen to armes) the most factious and ambitious flieth vnto the multitude, and ruines the state: as I haue noted before of the Seigneuries of Gènes, Florence, Cologne, Zurich, Strausbourg, Lindaw, and the aunti∣ent Phocians, Samians, Therenecians, Amphipolites, Corcyrians, Cnidians, Myteleni∣ans, and Hostienses; in the which the multitude hath expelled, banished, spoyled, and slaine the nobles. And what guard soeuer they keepe, yet do they liue in continuall di∣strust, and sometimes in such feare, as they doe not assemble together but in places of strength: as in the citie of Benize•…•…e, lying in the realme of Telesin in Barbarie, all the lords and commaunders keepe themselues in forts, fearing the people should mutine a∣gainst [ B] them, or that one of them should murther the rest. So in old time the inhabi∣tants of Miletum, after they had expelled their two tyrants, they fell cruelly •…•…o armes among themselues, the nobles against the people: but in the end the rich hauing van∣quished the poore, they framed an Aristocraticall estate, where they liued in such feare, and distrust, as they went into ships to hold their councels, fearing (saith Plutarch) to be surprised and slaine by the people: like vnto the lords of the Samiens, who were all massacred by the multitude, at such time as they were in councell. So as in an Aristo∣craty the lords dare not traine the people vp to arms, nor put weapons into their hands: neither can they go to the warre, but they are in daunger to loose the estate, if they bee once defeated: neither can they assure themselues of straungers, fearing they should bee [ C] subiected by them. To which daungers a Popular estate is not subiect, euerie one ha∣uing a part in the state. An Aristocraticall estate then, is not onely in daunger of for∣raine enemies, but of the people, whome they must content or keepe in awe by force: to content them without making them partakers of the gouernment, were very hard; & to admit them to charges of honour, without alteration of the state, from an Aristocra∣tie to a Popular, were impossible: to keepe them in subiection by force, that were not safe, although it might be done, for that were to shew an open feare and distrust of them whome they must win by loue and courtesie: else vpon any forraine war against the state, or among the gouernours themselues, the people will bee easily drawne to [ D] armes, and to shake off their yoake. And therefore the Venetians to maintaine their Aristocraticall estate, impart some small offices vnto the people, contract alliances with them, borrow of them to bind them to the maintenance of the state; and disarme them quite: and to make them more mild and pliable, they giue them full scope and liber•…•…ie to all sorts of pleasures: and sometimes they make their richest citisens bourgesses. If they haue any warre against the straunger, they soone compound it at what price soe∣uer: and aboue all things they labour to quench and pacifie all partialities and hatred among the gentlemen: so as the rich being drunke with delights, and the poore hauing meanes to traffique, and to exercise themselues in mechanike arts, with the commoditie of the place, lying vpon the sea, being by nature strong, they haue no great occasion, & [ E] lesse power to rebell. By these meanes the Venetians (next vnder God) haue main∣tained their estate, and not by the forme of an Aristocraticall gouernment, as many do hold. And although the nature of the situation of Venice, the honour of the people, the wisedome of the Seigneures, and the lawes, be fit for an Aristocraticall estate, yet is it not aboue foure hundred yeares, that they haue instituted this forme of Common∣weale, neither could they auoid many seditions and ciuill warres; as of the Bochoni∣ans, Faleriennes, Topoliennes, Baiamontaines, and the cruell factions of the Iustinians, the Sceuoles, Seliens, Bassiens; the murther of eighteene dukes, and of a great number of Senators, as we may read in their histories. Wherein Paulus Iouius was deceiued,

who held, That the estate of Venice had continued eight hundred yeares: and Paulus [ F] Manutius, and du Moulin, haue erred more, saying, That it had bene of twelue hundred yeares standing: for it is well verified by the auntient registers of their Seigneurie, that before Cebastian Cian duke of Venice, in the yeare 1175, it was a meere Monarchy: and yet there hath not bene any Aristocraticall estat, to our knowledge, that hath so long continued, but haue bene for the most part chaunged into cruell Tyrannies, or bloodie Popular estates, as we haue shewed elsewhere. And to make it more apparant, I will produce for a new example the state of Genes, who hauing peace with the Vene∣tians, by meanes of the protection of Fraunce, soone after the Adornes, and Fregoses, diuided the state (the which at that time was Aristocraticall) into two factions, whence ensued many murthers of the chiefe men: so as the people fell to armes, freed them∣selues [ G] from subiection, and tooke the gouernment of the state from the gentlemen: and in succession of time made a law, whereby none might bee duke of Genes, vnlesse hee were a Plebeian: and since they haue published another law, prohibiting the no∣bles to haue aboue a third part of all other officers. And soone after in a sedition they expelled all their gentlemen, chusing eight Tribunes, and after they had reiected the protection of Fraunce, they chose a Dyer of silke for their duke, whome king Lewes the twelft caused to bee hanged▪ after that hee had taken the citie: but when as Andrew Doria reuolted, and that hee had power to dispose of the state at his pleasure, hee made choyce of all such as had six houses within the citie, and of some others of name and marke, which were not so rich, and diuided them all into eight and twentie tribes, the [ H] which they called Alberghi, making them gentlemen, and giuing them the gouern∣ment of the state, and debarred the rest of the common people, onely with this excep∣tion, To haue libertie euerie yeare to make ten of the Plebeians gentlemen, and to re∣ceiue them into the number of the nobilitie: the which notwithstanding was not well executed. So of foure and twentie thousand citisens, there were not aboue twelue hundred, or thereabouts, that had any part in the state: and of this number it was de∣creed, That euery yeare there should be a great Councell made of foure hundred, the which should chuse the Duke and the eight Gouernours, which they call the Seigneu∣rie, to manage all affairs of state for the space of two yeres that they should be in charge, vnlesse matter were of great importance, then to assemble the Senat of an hundred gen∣tlemen. [ I] And as for the duke, hee might not bee chosen but out of the noblest families, with a guard of 500 Lansquenets, besides the generall of the armie, and the fortie cen∣tiners. I omit other officers, as the Procurators of the Seigneurie, the Podestat, or Ma∣ior, the Iudges of the Rota, the seuen extraordinarie Iudges, the fiue Syndiks, the Cen∣sors, and the officers of Saint George. The estate of Genes hath continued in this sort 43 yeares, vnder the protection of the house of Austria. From the yeare 1528, vnto the yeare 1549, that Iohn Flisco beeing chosen duke of Genes after Benedict Gentil, would haue made his power perpetuall, and to effect it, he laboured to subiect the Seigneurie of Genes vnto the crowne of France, hauing alreadie defeated Andrew Dories armie, & slain his nephew, he fell into the seal leaping from one gally to another, the which ouer∣threw [ K] all his desseins. Since the seigneury hath taken again the forme established by An∣drew Doria, the which was cōtinued vnto the yere 1574, that it was diuided into two fa∣ctions; the one of the antient, the other of the new gentlemen, who are yet at ciuill war: and the antient seeing themselues expelled by the new, haue ceized vpon the places of strength, and forts without the citie, being in danger to be quite ruined, or at the least to fall into a Popular estate, as they did in the yeare 1506. The sedition happened for the qualitie of their nobilitie: for after that Andrew Doria had setled the state (as I haue said) & excluded the Plebeians from being dukes of Genes, the gentlemen of the antient

houses (which were but foure, the Dorias, the Spinolas, the Grimoaldes, and the Fies∣ques) [ A] caused their genealogies to be drawne and registred in publicke acts, diuiding themselues by this meanes from the Plebeians that were newly ennobled; who disdai∣ning thereat, and finding themselues the greater number and the stronger, they haue chased away the antient houses, and if they be not soone reconciled, the people in the end will expell them all.

I haue shewed before, that the great Councell or Senat in an Aristocraticall estate, ought to be perpetuall, to the end there may be some firme ground, or foundation whereon the annuall change of all officers may relie. And as for the Duke, it were strange if he should not ceaze vpon the Soueraigntie, hauing fiue hundred men for his guard, seeing that he hath two yeares to remaine in charge: considering the factions [ B] that are made to attaine vnto this dignitie of honour. We see then that the chiefe ground and support of an Aristocratie, consists in the mutuall loue of the comman∣ders: for if they agree and be of one mind, they will maintaine themselues, and gouerne much better than the people: But if there be any factions among them, then there is no State so difficult to maintaine, for the reasons before mentioned; especially, if the Commanders be martiall men: for souldiers hate nothing more than peace. And we may not marueile if the Aristocratie of the Venetians, Rhagusians and Luquois, haue continued some ages: for they are not giuen to armes, neither haue they any thing in greater recommendation than their trafficke and commoditie. And to conclude [ C] briefly, there is no forme of Aristocratie more perfect and goodly, nor more assured, than whereas they make choise of men of vertue and reputation to commaund; or at the least that they be not infamous: and if any one dies, to substitute another in his place by election, as they do vse at Geneua. If any one of the Councell of 25 dies, the most antient of the 60 succeeds him most commonly, although it be done by election: and the most antient of the great Councell of 200 comes into the Councell of 60, and the two hundred chuse one of the honestest Burgesses or citisens that is without re∣proch. Whereby few command and gouerne the state, and yet euery man hopes to attaine vnto it, not by mony nor ambition, but by honour and vertue. This may pro∣perly be called an Aristocratie, the which is least subiect vnto dangers, and to the re∣bellion [ D] of Lords or subiects.

Such a Seigneurie will obserue the lawes duly, and administer iustice vprightly: if they be contented with their estate, and seeke not ambitiously to wrest from another, as the Lacedemonians did. For it is impossible that a Seigneurie of few Lords and Commanders, should get and maintaine a great Empire, as a Monarke may: also the ruine and change of so great a Seigneurie is not so much to be feared, as of a great and mightie Monarchie, which draweth after it the ruine of the greatest familes, and of∣tentimes of allies and of neighbour States that are in his protection: Like vnto a great building which raised on high, blind the sight of others, and falling, ruines with her weight those that are neere it, with a fearefull noyse to them that heare it. Behold the [ E] commodities and discommodities of a popular and Aristocraticall estate. Now we are to speake of a Monarchie, which all great men haue preferred before all other Commonweales: yet we find it is subiect vnto many dangers, whether the change of the Monarke be from bad to good, or from good to better: although there were no other thing but the change of him that hath the Soueraigntie: yet is it much to be fea∣red in all states: for we commonly see in the change of Princes, new desseines, new lawes, new officers, new friends, new enemies, new habits, and a new forme of liuing: for most commonly all Princes take a delight to change and alter all things, that they may be spoken of; the which doth many times cause great inconueniences, not only

to the subiects in particular, but also to the whole bodie of the state. But if this were [ F] not, and the Prince were as wise and vertuous as might be desired, yet the leagues and treaties made with his Predecessor end with him: whereupon alliances being ended, Princes fall to armes, and the stornger assailes the weaker, or prescribes him a law. The which cannot chance in popular and Aristraticall estates, when as they make perpe∣tuall leagues, for that the people dies not; so as other Princes and priuat men desire rather to contract with a Seigneurie than with a Prince, for the assurance of treaties and bonds, wherunto the successors of Princes are not tied, vnlesse they be their heires, as manie maintaine and practise. The other inconuenience in a Monarchie is, the danger to fall into ciuill warre, by the diuisions and factions of such as aspire vnto the crowne, especially if it be electiue, the which doth oftentimes draw after it the ruine of [ G] the state: Yea, in a successiue right there is no small danger, if there be many in one degree, who many times kill one another, or at the least diuide the subiects. We haue too many examples before our eyes: and oftentimes the lawfull successour is expelled by an vsurper. But admit there were no contention for the Monarchie, yet if the Mo∣narke be a child, there will be some diuision for the gouernement, betwixt the mother and the Princes, or betwixt the Princes themselues. And God (to be reuenged of his people) threatens to giue them for Princes children and women. And although the infant haue a tutor by the appointment of his predecessour, or by the custome, yet is it to be feared, that he will make himselfe absolute Lord▪ as Triphon did, who cruelly slue his pupill the king of Siria, to make himselfe king. The which is more to be feared, [ H] if the tutor marrieth the pupils mother, as Lewis Sforce did, who by that meanes mur∣thered the young prince, and made himselfe duke of Milan. And although for the auoiding of this danger, they giue the gouernement to the neerest of kinne, and the nourishment of the infant to the mother; yet haue there bene murthering mothers since, who haue not onely sold and betrayed the state, but euen the liues of their chil∣dren, as the mother of Charilaus king of Lacedemon did. And sometimes the tutor continues his gouernment, and leaues nothing vnto the king but the title, as the duke of Northumberland did to Edward the sixt king of England: and Appelles to young Philip king of Macedon, who could not inioy his estate, vntill he had slaine his tutor. And if the prince comes to the crowne being yong and out of gouernment, there is no [ I] lesse danger: for then when as he should haue a dozen wise maisters to restraine his li∣centious appetits, the which are then most violent, he is altogether free and at liberty: so as commonly the courts of yong princes abound in follies, maskes, and licentious∣nesse, and the subiects follow the princes humor; so as for one vice there multiplies ten, as I haue said before. If the prince be warlike, he will hazzard his subiects, his e∣state, and his person, to make proofe of his valour. And although he come vnto the state being of a competent age and wise, the which is rare, and the greatest gift which a people can craue at Gods hands: yet soueraigntie hath his mischiefe, most common∣ly the wise become foolish, the valliant cowards, and the good grow wicked. It were time lost to repeat examples, the which are too ordinarie. To conclude, if the prince [ K] be subtill and wicked, he will plant a tyrannie: if he be cruell, he will make a butcherie of the commonweale; or a brothell house if he be licentious, or both together if hee be couetous, he will pull both haire and skinne from his subiects: if he be prodigall, he will sucke their bloud and marrow to glut some dosaine of horseleeches that are about his person. And yet he will do worse than all this, if he be a sot and ignorant, as we haue sayd elsewhere. Yea, so much the more is a tyrannie to be feared, for that a tyrant hath no maister nor companion to oppose against him. These bee the dangers of a Mo∣narchie, the which in truth are great, but there is greater perill in an Aristocraticall e∣state,

and much more in a Popular: for the dangers which we haue set downe for the most part cease, when as the Monarchie comes by right of succession, as we will shew hereafter. But seditions, factions, and ciuill warre, are in a manner continuall: yea, sometimes greater for the attaining vnto offices, in Aristocraticall and Popular com∣monweales, than for the state in a Monarchie; the which admits no sedition for offices, [ A] nor for the state, but after the death of the prince, and that very seldome. But the chiefe point of a commonweale, which is the right of soueraigntie, cannot be, nor sub∣sist (to speake properly) but in a Monarchie: for none can be soueraigne in a common∣weale but one alone: if they be two, or three, or more, no one is soueraigne, for that no one of them can giue or take a law from his companion. And although we ima∣gin a bodie of many lords, or of a whole people to hold the soueraigntie; yet hath it [ B] no true ground, nor support, if there bee not a head with absolute and soueraigne power, to vnite them together: the which a simple magistrat without soueraigne au∣thoritie cannot do. And if it chance that the lords, or the tribes of the people be diui∣ded (as it often fals out) then must they fall to armes one against another. And al∣though the greatest part be of one opinion, yet may it so happen, as the lesser part ha∣uing many legions, and making a head, may oppose it selfe against the greater num∣ber, and get the victorie. We see the difficulties which are, and alwayes haue bene in Popular states and seigneuries, whereas they hold contrary parts, and for diuerse ma∣gistrats: some demaund peace, others warre, some will haue this law, others that; some will haue one commander, others another; some will treat a league with the [ C] king of France, others with the king of Spaine, corrupted or drawne some one way some another, making open warre: as it hath bene seene in our age among the Gri∣sons. Moreouer, sometimes it happens by the custome of the countrey, that a law, the prince, or a magistrat, is not admitted, if all that haue voices giue not their consent: as in Polonia whereas the lesser part must change their opinion, and ioyne with the grea∣ter number, either by loue or force, and for this cause they come armed to the field to chuse their king, and to force the lesser part to consent: the which cannot happen where there is a soueraigne head, of whom depends the resolution of all things. More∣ouer, in a Popular and Aristocraticall estate, alwayes the greater number will bee be∣leeued, although the wiser and the most vertuous bee fewest in number; so as most [ D] commonly the sounder and the better part is forced to yeeld vnto the greater, at the appetite of an impudent Tribune, or a brasen faced Orator. But a soueraigne Mo∣narch may ioyne with the sounder and the better part, and make choise of wise men, and well practised in matters of state: whereas necessitie doth force them in other com∣monweales to admit wise men and fooles and altogether to offices and councell. It is also impossible for a Popular state, or an Aristocratie, to command with soueraigne power, or to do any act which cannot bee done but by one person onely: as to con∣duct an armie and such like things: but they must create magistrats and commissaries to that end, who haue neither the soueraigne power, authoritie, nor maiestie of a Mo∣narch. And what power soeuer they haue by vertue of their places, yet Popular and [ E] Aristocraticall commonweales, finding themselues imbarked in any dangerous warre, either against the enemie, or among themselues, or in difficultie to proceed criminally against some mightie citisen, or to giue order for the plague, or to create magistrats, or to do anie other thing of great consequence, did vsually create a Dictator, as a soue∣raigne Monarch: knowing well that a Monarchie was the anckor whereunto of neces∣sitie they must haue recourse, Trepid•…•… patres, saith Titus Liuius, ad summum anxilium decurrunt, Dictatorem dici placet, The fearefull fathers flie vnto their last refuge, they thought it best to name a Dictator. And when as Hanniball made all Italie to tremble,

Ad Dictatorem dicendum remedium iamdiu desideratum Ciuit as confugit, The citie fled [ F] vnto the remedie so long desired, which was to name a Dictator. And the reason was, for that they held the Dictator for a god, and his commandements for oracles, Dict•…•…∣toris Edictum pro numine semper obseruatum, The Dictators Edict was alwayes reli∣giously obserued. And euen the enemies besieging the citie of Rome, abandoned the siege, hearing that they had created a Dictator, Tantus erat Dictatoris terror apud hostes, vt eo creato statim a menibus disceserint, So great was the feare of a Dictator with the enemies, as he was no sooner created, but they departed from the wals. For oftentimes euen the Consuls and their commaundements were neglected and troden vnder foote: and such as had offended retired to their companions, that is to say, to the people, to whom they might appeale. The which Appius the Consull seeing, hee [ G] sayd, Minas esse Consul•…•…m non imperium, vbi ad eos qui vna peccauer unt prouocare liceat agedum, Dictatorem a quo prouocatio non est creemas, They were but the threats, sayd he, of Consuls without any commanding power, seeing they might appeale vnto them who had offended in the like manner, Go to then, let vs create a Dictator from whom there is no appeale. The impunitie of vices, and the contempt of magistrats in a Po∣pular estate, doth sufficiently shew that Monarchs are necessarie for the preseruation of the societie of mankind, seeing that the Romans who for the error of one Prince, had all kings in hatred, made a Dictator for the conduct of all their great affaires. So did the Lacedemonians in their extremities create a magistrat with power like vnto the Dictator, whom they called Harmoste: and the Thessaliens, him whom they called [ H] Archus: as in the like case the Mityleniens their great Aezimnere; to whom the great Prouidador of the Venetians may be in some sort compared: finding by experience that an absolute power vnited in one person, is more eminent and of greater effect▪ and that the same power imparted to two, three, or many lords, or to a whole communal∣tie, declines and looseth his force, like vnto a •…•…agot vnbound and diuided into manie parts. And therefore Tacitus saith, that for the execution of great exploits the power of commanding must be restrained to one alone: the which is confirmed by Titus Li∣uius, who sayd, that three Tribunes created with Consularie power, gaue a sufficient testimonie that the force of command imparted to manie, is fruitlesse: and especially in millitarie causes, the which Hanniball did find, hauing against him an armie of 60000 [ I] men, commanded by two Consuls, Paulus Aemilius, and Terentius Varro, whom hee defeated: and Amurath against the Christian Princes at the battell of Nicopolis: and the emperour Charles the fift against the two commaunders of the protestants. And we may not marueile if the duke of Vrbin with a few hierlings made head against so migh∣tie an armie, led by the chiefe commanders or generals, the which depended not one of another, that is to say, Rance Vitelli, and Laurence de Medicis: for euen Leo writes in his historie, that the people of Affricke hold it for an infallible Maxime, that a prince which is but weake in forces, shall alwayes defeate a stronger armie that hath two ge∣nerals. For whilest that Cleomenes king of Lacedemon did gouerne absolutely alone, he obtained great and goodly victories, and was neuer vanquished: but after that hee [ K] had called home the king which was banished to impart his soueraigne authoritie vnto him, soone after he was ouerthrowne and put to flight. And for this cause Aristides the iust, being chosen generall with Miltiades to commaund the armie either of them his daie, (as the Romane Consuls were wont to do) he resigned all his power and au∣thoritie to his companion, who gaue the Persians a great ouerthrow. There are a thousand such like examples, which do shew vs the necessitie to haue one head or com∣mander, not onely in warre (where there is greatest danger) but also to obey one so∣ueraigne prince in a Commonweale: for euen as an armie is ill led, and most common∣ly

defeated that hath many Generals; euen so is a Commonweale that hath manie [ A] lords, either by diuision, or a diuersitie of opinions, or by the diminution of power gi∣uen to manie, or by the difficultie there is to agree and resolue vpon any thing, or for that the subiects know not whom to obey, or by the discouerie of matters which should be kept secret, or through altogether. And therefore whereas we sayd before, that in a well ordered state, the soueraigne power must remaine in one onely, without communicating any part thereof vnto the state (for in that case it should be a Popular gouernment and no Monarchie) and that all wise Politicians, Philosophers, Diuines, and Historiographers haue highly commended a Monarchie aboue all other Com∣monweales, it is not to please the prince, that they hold this opinion, but for the safetie and happinesse of the subiects: And contrariwise, when as they shall limit and restraine [ B] the soueraigne power of a Monarch, to subiect him to the generall estates, or to the councell, the soueraigntie hath no firme foundation, but they frame a popular confu∣sion, or a miserable Anarchie, which is the plague of all states, & Commonweales; the which must be duly considered, not giuing credit to their goodly discourses, which per∣swade subiects, that it is necessarie to subiect Monarchs, and to prescribe their prince a law; for that it is not onely the ruine of the Monarch, but also of the subiects. It is yet more strange, that many hold an opinion that the prince is subiect to his lawes, that is to say, subiect to his will, whereon the ciuill lawes (which he hath made) depend; a thing impossible by nature. And vnder this colour and ill digested opinion, they make a mixture and confusion of ciuill lawes with the lawes of nature, and of both ioyntly [ C] with the lawes of God: so as they suppose, when as the prince forbids to kill, to steale, or to commit adulterie, that it is the princes law. But for that we haue layd open this poynt at large, I will now passe it ouer. It shall suffice that we haue made apparant demonstration, that a pure absolute Monarchie is the surest Commonweale, and without comparison the best of all. Wherein many are abused, which maintaine that an Optimacie is the best kind of gouernment: for that many commanders haue more iudgement, wisedome, and councell then one alone; But there is a great difference be∣twixt councell and commandement: The aduice and councell of many graue and wise men may be better than of one, as they say commonly that many men see more than [ D] one alone: but to resolue, to determine and to command, one will alwayes performe it better than many: and then he which hath aduisedly digested all their opinions, will soone resolue without contention, the which many cannot easily performe: Besides ambition is so naturall among commanders that are equall in power, as some will ra∣ther see the ruine of the Commonweale, than acknowledge any one to be wiser than themselues: Others know what is good, but shame keepes them from changing of their opinions, fearing to loose the least point of their reputations: So as it is necessarie to haue a soueraigne prince, which may haue power to resolue and determine of the opinions of his councell.

If then a commonweale be but one body, how is it possible it should haue manie heads, but that it must proue a monster, as the emperour Tiberius sayd vnto the Se∣nate, [ E] else it were no bodie, but a hideous monster with many heads. But some one will say that new princes make new lawes, new institutions, new ordinances: we will con∣fesse that it happens in some, who to shew their power make lawes sometimes without any reason, but this is more frequent and usuall without comparison in Popular and Aristocraticall estates: For new magistrats so often created, and which play the pettie kings in their Commonweales, would bee loth the yeare should passe away without giuing some cause to speake of them, either for good, or euil: for proofe whereof we find more lawes published at Rome and at Athens, then throughout all the world:

For alwayes through iealousie one vndid what another had made: and all, as they said, [ F] was to make themselues famous, and to rob the honour of their companions, with the preiudice of the Commonweale. But to auoid these inconueniences, and insatiable ambitions in an Optimacie, or Popular state, you must not in any sort suffer the law or ordinance to carrie the name of the magistrat, as they vsed in Rome and Athens, which was the cause of so many lawes. And to say that treaties and leagues die with the Prince, that happens not alwayes, for most commonly they are continued and prorogued by an expresse clause, some yeares after the death of the prince, as it hath bene alwayes obserued betwixt the house of France and the Cantons of the Suissers, the which haue beene for the kings life, and fiue yeares after. Moreouer, we haue former∣ly shewed, that it is expedient allyances and leagues should not bee perpetuall; and [ G] for this cause states and commonweales do oftentimes limit their treaties to a certaine time. And as for bonds and treaties of peace, they are accustomed for their better as∣surance to haue them confirmed by the estates, or published in soueraigne courts, and oftentimes they bind in particular the greatest noblemen: although there bee farre greater assurance in matter of obligation and promises made by a prince than by a mul∣titude: and the rather for that the lawes of honour are in much more recommendation to a soueraigne prince, than to a multitude of artisans or marchants, who are kings in a name collectiue, and nothing in particular. And as for the troubles which the go∣uernement of a young king do cause, that happens rarely, and is more incident at the election of magistrats: For at the chusing of a Gonfalonier of Genes for two yeares [ H] onely, the Commonweale is euer in combustion. There is no reason to ballance the cruelties and extorsions of a tyrant, with the actions of good princes: we know wel that a peaceable Optimacie and wisely gouerned, if it may be, is better than a cruell tyran∣nie. But the question is, whether it be better to haue a iust and vpright king, or manie good lords: and whether a tyrannie of fiftie tyrants be not more dangerous, than of one tyrant alone: And if there be not much more danger in Popular and Aristocra∣ticall estates, than in a Monarchie. Yea it is most certaine that a tyrannicall Monar∣chie is sometimes more to be desired than a Democratie or Optimacie, how good so∣euer: For if many wise and skilfull pilots hinder one another in striuing to gouerne the helme; euen so will many lords do, euery one seeking to gouerne the Common∣weale, [ I] be they neuer so wise and vertuous. Although it be not needfull to insist much vpon this proofe, that a Monarchie is the most sure, seeing that a familie which is the true image of a Commonweale can haue but one head, and that all the lawes of na∣ture guide vs vnto a Monarchie, whether that we behold this little world which hath but one bodie, and but one head for all the members, whereon depends the will, mo∣uing and feeling: or if we looke to this great world which hath but one soueraigne God: or if we erect our eyes to heauen, we shall see but one sunne: and euen in sociable creatures, we see they cannot admit many kings, nor many lords, how good soeuer. Solyman emperour of the Turkes vsed this example, hearing the great cries and accla∣mations of ioy which the whole armie made vnto Sultan Mustapha his son returning [ K] out of Persia, he put him to death through iealousie, causing him to be strangled in his withdrawing chamber, and his dead body to be cast out before the whole armie: then he made a proclamation, that there was but one God in heauen, and one Sultan vpon earth: Two dayes after he put Sultan Gobe to death, for that he had wept for his bro∣ther; and Sultan Mehemet the third brother, for that he fled for feare; leauing but one sonne liuing, to auoid the danger of many lords. We also see that all nations of the earth from all antiquitie, euen when they were guided by a naturall instinct, had no o∣ther forme of gouernement than a Monarchie, that is to say, the Assirians, Medes,

Persians, Aegyptians, Indians, Parthians, Macedonians, Celtes, Gauls, Scythians, Arabi∣ans, [ A] Turks, Moscouits, Tartars, Polonians, Danes, Spaniards, English, Affricans, and Perusians, where there is no mention of any Optimacie, or Popular estate. Yea all the auntient people of Greece and Italie, before they were corrupted with ambition, had none but kings and monarches, as the Athenians, Lacedemonians, Corinthians, Acheans, Sicyonians, Candiots, Sicilians, Ethiopians, Latines, and Hetrusques, the which haue flourished in arms & laws, foure, fiue, six, & seuen hundred yeres; yea some haue continued eight or nine hundred yeares, others twelue or thirteen hundred yeres. And yet some wonder that the Popular estate of the Romans▪ or the Seigneuries of Lacedemon, and Venice, had continued foure hundred yeres, or thereabouts, after they had expelled their kings doubtlesse they haue reason to maruel, to see two or three Cō∣monweales [ B] among a hundred, able to continue any time, beeing instituted against the order of nature: but no man is amazed to see many great & mightie Monarchies con∣tinue a thousand, or twelue hundred yeares, for that it is according to the right lawes of nature. And although the name of a king were hatefull vnto the Romans, yet many of the•…•… in particular affect to be soueraignes: for not many moneths before Augustus his birth, it was found out by oracles, that nature should soone bring forth a great Mo∣narch of the Romans. For this cause the Senat decreed, That all infants should bee slaine that were to be borne that yeare: but euery one in particular did hinder the car∣rying of this decree into Saturnes temple, for that euery one (saith the historie) did hope [ C] his sonne should be a Monarch. In like sort the princes of Persia being assembled toge∣ther to consult which forme of gouerment were the better, they concluded a Monar∣chy. The same argument was called in question by Augustus among his friends, being desirous to liue at rest, and to leaue the state, after that hee had p•…•…t the nauie of Mare Anthonie to flight: but it was resolued, That a Monarchy was the most safe without all comparison, and the effects did verifie it: for in former times the Romans could not liue ten yeares together without ciuill warres, or some sedition: and Augustus main∣tained them quietly in peace almost fiftie yeares, the which continued long after his death. Experience is the mistresse of all things, and as the touchstone, resolues all doubts. Therefore the Capadocians hauing lost their king, they were persuaded by the [ D] Romans, to take a Popular estate: but they refused it, and demaunded a king: so as the Romans gaue them power to chuse one, and they aduanced Ariobarzanes; finding the calamities of Popular states▪ To conclude, if we seeke authoritie, we shall find that the greatest schollers that euer were, haue held a Monarchy to be the best: as Homer, Hero∣dotus, Plato, Aristotle, Xenophon, Plutarch, Philon, Apolonius, Saint Ierosme, Cyprian, Ma∣ximus Tirius, and many others. And euen in the law of God, it is said, When as the people shall chuse a king, like vnto other nations, he shall not take a straunger: Wher∣by he not onely sheweth, that God approueth a Monarchy, teaching a king how hee should gouerne, but also that other nations in those dayes had nothing but Monar∣chies, as Samuel saith. He also made Moyses king ouer his people, for so hee is called [ E] in the law of God. And although that God gouerned his people •…•…or a time without a king, sending them alwaies by an especial fauor certaine captains, as princes & judges to free them from the subiection of their neighbors, whome the holy Scripture calls Mes∣sies, and Sauiours: yet was there neuer any Optimacie, or Popular estate among them, but contrariwise they were a long time without either prince or magistrat, beeing gui∣ded onely by the grace of God, who for this cause is called their king. And after their returne out of Babilon, they were still subiect to the kings of Persia, or of Aegypt, or of Syria: vntill that Iudas Machabeus of the familie of the Azmoneans, descended from Aaron (hauing rebelled against Antiochus the Noble, king of Syria) brought the of∣fice

of high priest, and the soueraigntie vnto his house, who were afterwards subdued [ F] by the Romans. For as for their Senat, which consisted of seuentie one, the king making the seuentie two, and the most part of the line of Dauid; they busied not themselues in any thing else, but in iudging of causes of great consequence, as of the high priest, or of some tribe, or of crimes of high treason, or of false prophets: & for this cause they were onely called Iudges, whome by the corrupt Greeke word they called Sanedrim. The Caldean interpretor saith, That although they had power to make lawes, euen vnder kings, yet was it no soueraigne authoritie. True it is, that Rabin Magmon calling them Doctors or Informers, saith, That they had also power to create twentie three criminal Iudges, whome they called Iudges of soules; and seuen Iudges for ciuill causes, whom they tearmed Iudges of goods in euerie citie; and ten Iudges for gouenment, among [ G] the which there was one priest, or as Ioseph saith, two Leuites assistant to euery magi∣strat: and three other Arbitrators, whereof either of the parties did chuse one, and the two that were chosen did name a third. The which I haue particularly set downe, to confute their opinion, which maintaine with Ioseph the Historian, That the Hebrewes haue vsed a kind of Aristocraticall gouernment, taking the Senat of seuentie one for so∣ueraigne lords: all whome Herod, the eldest sonne of captaine Antipater put to death, for that they had condemned him, and had executed him, but for the fauour of Hirca∣nus king and high priest, who gaue him his pardon, or at the least staied the decree of the Senat; and afterwards he murthered his sauiour. Which sheweth plainely, that the Senat had no soueraigne power, and that it was no Optimacie: although that Iose∣phus [ H] brings in the Iewes complaynig, Quod Hircanus & Aristobulus formam Reipub▪ in regnum mutarent, That Hircanus, and Aristobulus, had chaunged the forme of the Commonweale into a Monarchy. In my opinion these reasons, with many others (which are not needfull to be here particularly exprest) are sufficient to shew, that of the three kinds of lawfull gouernments, a perfect Monarchy is the most excelleu•…•…: and among the disordered, the Democratie the most vicious. A lawfull Monarchy (as a strong and able bodie) may easily be maintained: but Popular states, and Aristocra∣ties, as feeble and weake, and subiect to many infirmities, must be preserued by diet and good gouernment. And for that it is not alwayes in the power of wise and politike states-men, to chuse the best kind of gouernment, nor to alter and change the worst, [ I] they must in this case doe like vnto skilfull ship maisters, which yeeld vnto the tempest; they strike their sailes, and cast forth euen their most pretious marchandise, to attaine vnto a safe port. Euen so a wise man that seekes to change a state from bad to good, or from good to better; he must first insinuat with the greatest, and by obsequious obser∣uation draw them to his will. But if he be not assured to effect it, let him not attempt it: as Dion did, who ruined the Tyranny of Siracusa, suddenly to erect an Optimacie, by the councell and aduice of Plato: and not able to effect it, he was slaine: so as it be∣came an estate of a turbulent multitude, much more miserable without all comparison than any tyranny. As also the Pithagorians did, who laboured suddenly to change all the Popular estates of Italie, into meere Optimacies, hauing not force sufficient to ef∣fect [ K] it, but they were all slaine, or banished. But if this Popular infirmitie cannot be cu∣red by any physicke, it must bee borne withall, beeing better to haue a bad Common∣weale than none at all; and attend the time vntill the tyranny of one, of few, or of ma∣ny, be mounted to the highest precipice or downfall, from whence at the first storme they may be cast downe, or fall of themselues. Else if the tyrant be but shaken, and not quite ouerthrowne, he will commit horrible murthers of the best citisens, to fortifie and settle his tyranny. For a tyrant that hath once escaped the hands of such as had conspi∣red against him, he becomes mad and furious, like vnto a wild beast that sees his owne

blood. We haue too many examples, and without any further search, we haue seene [ A] Cosmo de Medicis (whome the banished men of Florence called Tyrant, although hee were esteemed of many others to be a good and a wise prince) build forts, & increased his Monarchy with the ruines of such as had conspired against his life and state, and yet neuer any one conspiracie tooke effect. Besides, a Tyrannie is much more insupporta∣ble, if the tyrant hath no large limits and great territories: for being poore and hungry, he oppresseth and deuours his subiects continually; & if he be cruell, he soone attaines to his desire: whereas a rich and mightie Monarch hath wherewithall to glut his ap∣petite, and if he be cruell hee will stand in feare that some one in so great a multitude will take reuenge. Euen then as the subiects are happie vnder a great and mightie Mo∣narch, if he haue any sparke of iustice before his eyes: so a small estate is best befitting [ B] an Aristocraticall gouernment, who will maintaine their subiects more happily than a poore tyrant should do. We see eighteene Cantons of the Swissers, besides the Gri∣sons, whose gouernments are Popular, and Aristocraticall, hauing in length from Ge∣neua vnto Constance but two hundred and fiftie thousand paces, and a hundred and threescore in bredth from the Alpes vnto mount Iura, most of which countrey is full of rockes, and very barren; yet haue they maintained their subiects a long time in great happinesse: but if they should enuie and desire their neighbors estate, they should soone loose their owne. And contrariwise the greater the Monarch is, the more goodly and flourishing it is, and the subiect more happie, liuing in an assured peace. But if it chance [ C] to be diuided into Democraties, or Optimacies, or into many tyrannies, the people are either tyrannised, or in sedition among themselues, or in continuall warre against their neighbours. Seeing then a Monarchy is the most sure of all Commonweales, and amongst all Monarchies a Royall is the goodliest: let vs say, whether it bee better to haue it by a successiue right, or by election.

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

IT is not enough to say, that a Royall and lawfull Monarchy is better than either a Democratie, or an Aristocratie, except a man say also, such a Monarchy as is by successiue right diuolued vnto the next heire male of the name, and that without partition. For albeit that the lawfull Monarchy be alwayes to bee preferred be∣fore other Commonweals, yet neuerthelesse so it is, that amongst Monarchies that which commeth by a successiue right vnto the [ E] heires males, of name, neerest in blood, and without partition, is much more commen∣dable and sure, than are the other which come by lot, or by choyce, or will, to the heirs male, but not to the neerest; or vnto the neerest, but yet by the mothers side; or that is the neerest by the fathers side, but yet is to make partition of the whole Monarchy with other the coheires; or else of some part thereof. All which it is needfull for vs by necessary reasons, and examples, to declare; to take away the opinion that many im∣print into another princes subiects, and by that meanes entertaine rebellions, so to chaunge well ordered Monarchies, and to moue as it were both heauen and earth. All which they do vnder the vaile of vertue, of pietie, and of iustice. Yea some there are to

be found, which haue bene so bold, as to publish bookes, and to maintaine against their [ F] naturall prince, come vnto the crowne by lawfull succession, That the right of choyce is better in a Monarchy: as was done in England the seuenth of September, in the yere 1566, the queene then present at the disputation of the schollers of Oxford; the questi∣on being, That it were better to haue kings chosen by election, than by succession. Which new doctrine not a little troubled, not the queene onely, but euen the nobilitie also of that kingdome, then there present. For why, from such beginnings wee see the subiects to proceed vnto mutinies, vnto rebellions, and at length euen vnto open wars. And who is he that would not be moued to heare the inuectiue speech of an eloquent man, detesting the cruelties, the exactions, and rapines of a tyrant? who neither hath the honour of God, neither the truth, neither iustice, in regard: who driueth away the [ G] good men, and ioyneth himselfe vnto the euill: and in the end ioyneth thereunto this exclamation, O how happie is that Monarchy, wherein the estates of the people make choyce of a iust and vpright king, who aboue all things feareth God, and honoureth vertue: who regardeth the good, and chastiseth the euil: who vnto the honest appoin∣teth due rewards, and vnto the wicked condigne punishments: who abhorreth flatte∣rers, who keepeth his faith and promise; who banisheth the blood suckers and deuisors of new exactions out of the court, who spareth his subiects blood as his owne, who re∣uengeth the wrong done to others, and pardoneth the iniurie done vnto himselfe; and who in briefe more esteemeth of religion and vertue, than of all other things in the world. And so hauing set these prayses, with the counterpoise of a tyranny repleat with [ H] all vices, the vulgar sort forthwith conceiueth an opinion, that there is nothing more happy, than the Monarchy which falleth into election: yea and not they of the sim∣pler sort onely, and such as haue small vnderstanding in the knowledge of matters of policie, but euen they also which are accounted of all others the most sufficient, are of∣tentimes deceiued, and much mistaken, in regarding nothing but the apparant good on the one side, without respect vnto the innumerable absurdities and inconueniences which are to be found on the other. For euen Aristotle himselfe is of opinion▪ That Monarchs should be created by election, calling the people barbarous, which haue their kings by right of succession. And for which cause he deemed the Carthaginen∣sians more happy than the Lacedemonians, for that these had their kings by successi∣on [ I] from the fathers to the sonne in the stocke and line of Hercules, whereas the others still had them by election and choyce. But so he might call the Assyrians barbarous, the Medes, the Persians, the Aegyptians, the people of Asia, the Parthians, the Armenians, the Indians, the Affricans, the Turkes, the Tartars, the Arabians, the Moscouites, the Celtes, the Englishmen, the Scots, the Frenchmen, the Spaniards, the Perusines, the Nu∣midians, the Ethiopians; and an infinit number of other people, who still haue, and al∣wayes before had, their kings by right of succession. Yea and wee find in Greece (the countrey of Aristotle himselfe) that the Athenians, the Lacedemonians, Sicyonians, the Corinthians, the Thebans, the Epirots, the Macedonians, had more than by the space of six hundred yeares, had their kings by right of lawfull succession, before that [ K] ambition had blinded them to chaunge their Monarchies into Democraties and Ari∣stocraties. Which had likewise taken place in Italie also, whereas the Hetruscians and Latines for many worlds of yeares had their kings still descending from the fathers to the sonnes. Now if so many people and nations were all barbarous, where then should humanitie and ciuilitie haue place? It should be onely in Polonia, in Denmarke, and in Sweden: for that almost these people alone haue their kings by election: and yet of them almost none, but such as were themselues also royally descended. Cicero saith, humanitie and courtesie to haue taken beginning in the lesser Asia, and from thence to

haue bene diuided vnto all the other parts of the world: and yet for all that the people [ A] of Asia had no other kings, but by succession from the father to the son, or some other the neerest of kin. And of all the auntient kings of Greece, we find none but Timondas, who was chosen king of Corinth, and Pittacus of Nigropont. And at such time as the royall name and line sailed, oftentimes the strongest or the mightiest carried it away▪ as it chaunced after the death of Alexander the Great, who was in right line descended from Hercules, and the kings of Macedon, who had continued aboue fiue hundred yeares: whose lieutenants afterwards made themselues kings, Antipater of Macedon, Antigonus of Asia the lesse, Nicanor of the vpper Asia, Lysimachus of Thracia: so that there is not one to be found among them, which was made king by election. So that e∣uen Greece itself (the nurse of learning & knowledge) shuld by this reason, in the iudge∣ment [ B] of Aristoile, be deemed barbarous. Howbeit that the word Barbarous, was in auntient time no word of disgrace, but attributed vnto them which spake a strange lan∣guage and not the naturall language of the countrey. For so the Hebrewes called also the auntient Aegyptians, then of all nations the most courteous and learned, Barbarous, that is to say, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, for that they vsed the Aegyptian tongue, and not the Hebrew.

But in all Monarchies which go by election, there is one daunger thereunto alwaies incident, which is, that after the death of the king, the estate remaineth a meere Anar∣chy, without king, without lord, without gouernment, still in danger of ruine; as a ship without a maister, which oweth the wracke of it selfe vnto the first storme or wind that ariseth: theeues and murderers in the meane time at their pleasures committing their [ C] murders, and such other their most hainous outrages, with hope of impunitie; as the common manner is after the death of the popes, of the kings of Tunes, and in former times after the death of the Sultans of Aegypt. For there haue bene such as haue com∣mitted fiftie sundrie murders, and yet haue alwayes had the popes pardon therefore: the popes at their first entrance into the papacie, still pardoning all men their offences whatsoeuer: and so murders and reuenges commonly referred vnto the popes death, re∣maine then vnpunished. So that in the yeare 1522, there were two executed at Rome, whereof the one tearmed himselfe Pater noster, and the other Aue Maria, who at diuers times had stabbed and murdered an hundred and sixteene men, as was then pro∣ued. [ D] And the first thing that they commonly doe, the Papall seat being vacant, is to breake open the prisons, to kill the gailors, to enlarge the offendors, to reuenge iniuries by all meanes: which continueth vntill that the colledge of cardinals haue agreed of a successor, wherein sometime they haue beene at such discord and variance among themselues, as that the seat hath bene vacant two yeres and foure moneths together: as it chanced after the death of Clement the 5: yea & sometime 10 yeres, as after the electi∣on of the duke of Sauoy surnamed Foelix. We read also oftentimes two or three popes, and as many emperors, to haue bene chosen at once; and the empire to haue stood va∣cant a yeare or two together, yea whole eighteene yeares, after that William countie of Holland the emperour, was slaine. And albeit that the princes electors made offer [ E] of the empire vnto the king of Spayne, Alphonsus the tenth, yet so it was that he would not accept thereof, for the manifest daunger that he was to put himselfe into by taking vpon him sueh an estate, exposed vnto the will and pleasure of the subiects, vnto the enuie of princes, and the violence of murtherers: all which time of vacancie the wicked neuerthelesse are out of frame in all kind of loose libertie. Which in some sort to re∣medie, the Polonians (who haue their kings by election) double the penalties for the offences committed during the choyce of the king, as I haue learned of Zamoschy now Chauncellour of Polonia, but as then ambassadour in Fraunce. So wee read also that during the elections of the Sultans of Aegypt (before it was by the Turkes subdued, and

by them vnto their empire vnited) the poore subiects, and the best townes and cities in [ F] the whole kingdome, were sacked and rifled by the Mammalukes: vntill that some one of them by the consent of all the rest was chosen Sultan.

Now if some (to remedie the matter) shall say, That in the meane time there might a gouernour be established: he is therein deceiued, it being a no lesse hard matter, to make choyce of a lieutenant or gouernour, than of a king. But admit he might so bee made without any contradiction, by the consent of all the estates to whome it belon∣geth, to name their gouernour, yet who should be the suretie and warrant for his faith? Who should let him (hauing the power in his hand) to inuade the estate? who should disarme him being not willing thereunto? Wee see how Gostauus father of Iohn king of Sweden behaued himselfe, who of a gouernour made himselfe a king, without ex∣pecting [ G] of any other election at all, and so lest the regall power by strong garrisons con∣firmed vnto his posteritie. And to leaue the gouernment vnto the Senat, as they do in Polonia, and did of auntient time in Rome, is no lesse daungerous, least in the meane time some of the stronger and bolder sort should possesse themselues of the fortresses and stronger places: as did Pompey Columna, and Anthonie Sauelle, who ceized vppon the Capitoll at Rome, proclaiming vnto the people libertie. And in the time of such vacancie ciuill warres and dissentions are impossible to be auoided, not only amongst the most warlike nations, but euen amongst the church men also: so that it was neuer possible to prouide so well, but that two and twentie popes had their heads chopt off, and many moe of them by strong factions driuen out of their seats: not to speake in the [ H] meane time of them (in number almost infinit) who haue by poyson (the common death of the bishops of Rome) perished. Yea we read that euen in the primitiue church, viz. in the yeare of our Lord 356, there were six hundred persons slaine in the verie ci∣tie of Rome, about the election of Damasus and Vrsicinus, whether of them should bee pope. Neither was that onely done at Rome, but almost in euerie towne and citie, which had in them any bishops, all places were so filled with so many of Laodicia, that from thence forward it should not be lawfull for the people, to meddle with the choice of the bishops and prelats, or the bestowing of the ecclesiasticall preferments. Where∣fore Athanasius, and Augustine, both bishops, appointed whome they would haue to succeed them in their bishoprikes, the one at Alexandria, and the other at Hippona. [ I] What should I speake of the Roman ciuill warres, and after them of the Germans, about the choice of their emperours? their bookes, their histories, and all their monu∣ments, are full thereof. Wherein we cannot without iudignation and horror, remem∣ber the miserable wasting countries, the mutuall slaughter of citisens, and sacking of most noble cities, mischiefs still done either by the one side or the other.

And yet there is another inconuenience also, not to be omitted, which is, That king∣domes going by election, haue nothing in them which at one time or other is not sub∣iect vnto all mens spoiles: so that euen the publike demaines, and such as before were common, and wherein euerie man had a common interest: we see them in a little time conuerted euen vnto particular mens vses: so as we see it to haue happened in the de∣maine [ K] of Saint Peter at Rome, as also in the demaine of the German empire. For the princes elect knowing wel that they cannot long raigne, nor that they cannot leaue vn∣to their children any thing of the estate, more than what they thinke they can by de∣ceit and fraud purloine and hold, care not to giue any thing vnto the magistrats their friends: or by open sales and donations, to make their owne profit of the publike re∣uenues and possessions. So Rodolph the emperour for money exempted all the towns and cities of Tuscanie from the fealtie and obedience which they ought vnto the Ger∣man empire: Robert also the emperour, gaue three of the imperiall townes vnto his

sonne: Henry the first ceased vpon Saxonie: Fredericke the second enfranchised Nu∣remberg: [ A] Otho the third enfranchised Isne: Lewes of Bauiere did the like for the towne of Egre: Henry the fist sold all he could: and Charles the fourth being not able to pay the hundred thousand crownes which he had promised to euery one of the princes e∣lectors, sold vnto them all the tributes of the empire, to haue them to chuse his sonne Charles emperour, as he indeed was: but afterwards againe thrust out euen by the same princes who had before made choice of him. So that the principall and strongest sinewes of that Commonweale being cut in sunder, the whole body of the empire be∣came so weake and feeble, that Charles duke of Burgundie doubted not to wake warre vpon the Germaine princes.

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

But let vs yet go further, for why these are not the greatest inconueniences. For where the people is to chuse their king, they must either make choice of a stranger, or of a naturall subiect: Now if choice bee to bee made out of the naturall subiects, then [ C] euery the most impudent and audatious fellow will by all right and wrong seeke to aspire vnto the soueraigntie: and if there bee many of them of equall power and grace, it is impossible but that there should be great factions, wherin the people should become partakers: or in case they were not equall, neither in vertue nor wealth, yet so it is that they would presume themselues to be equall, and neuer agree one of them to obey another, but wishing rather to endure the commaund euen of strange and wic∣ked princes, than of another subiect their equall. As it happened in Armenia (as Ta∣citus reporteth) where the nobilitie could endure none to bee their king but a meere stranger. And of late in Polonia Sigismundus Augustus the king beeing dead, and a controuersie arising amongst the nobilitie, euery one of them longing after the king∣dome; [ D] a decree was made whereby all the naturall subiects were embarred from ob∣taining of the kingdome: as I learned of the Polonian embassador, whom I was com∣manded to attend after they were entred into the confines of this kingdome, to con∣duct them vnto Henry the king.

And in the remēbrance of our fathers when as the Aegyptian Sultans were chosen by the voyces of the pretorian souldiers or Mammalukes, & they not able to endure one of them to be greater than another, had slaine diuerse of their Sultans: they at last to stint the strife, by their common consent sent their embassadors vnto Campson king of Caramania to become their Sultan, and to take vpon him the kingdome of Aegypt being by them offred him. With the same calamities the Germaine princes also troub∣led, [ E] after diuerse murthers of the emperours of their owne country, oftentimes made choyce of strangers, yea and those right small princes: as of one William earle of Hol∣land, and of Henrie earle of Lutzembourg, one while also making choice of the king of England, and another while of the king of Spaine: yea, sometime such forraine prin∣ces refusing that same empire so offered them: For so Alphonsus the tenth king of Spaine refused the imperiall crowne by the princes electors offered him, which after∣wards stood emptie aboue eighteene yeares, as we haue before sayd. Sigismund also the first king of Polonia, refused the kingdome of Hungarie, of Bohemia and Den∣marke, being thereunto inuited by the Estates. So also Lewes the twelfth refused the

Seignorie of Pisa: and the antient Romans (as saith Appian) refused diuerse people [ F] which would haue submitted themselues vnder their obeysance. But admit that the strange prince do not refuse a kingdome so offered him: which if it bee farre off from the bounds of his owne kingdome, hee must than either leaue his owne, or gouerne the strange kingdome by his deputies or lieutenants: both things absurd and incon∣uenient. For who is he so foolish that had not rather to looke to his owne things than to other mens? and what nation or people can with patience endure to be gouer∣ned by deputies? so to haue him whom they would not, and to want him whom they made choice of. So Lewes king of Hungarie at the request of his wife daughter to Casimire king of Polonia, tooke vpon him the kingdome of Polonia conferted vnto him by the voyces of the people: into which kingdome he was inuested, and receiued [ G] with the greatest acclamations, and applauses of all men that might be: who yet short∣ly after, whether it were for that he found himselfe offended with the sharpnesse of the Polonian aire: or that he was allured with the pleasures and delights of Hungarie, or that he was by the vowes and requests of his owne people recalled: returned home, leauing his wife vnto the Polonians (her countremen) with a traine of the Hungari∣ans to attend vpon her: where so it was that the Polonians mindfull of the Great Ca∣simire her father, for a space endured the womans soueraigntie, but could in no wise endure her traine of Hungarians. And so also not long ago Henry, Charles the French kings brother called vnto the kingdome of Polonia, his brother being dead, withall speed returned vnto his owne naturall kingdome: howbeit the Polonians would by [ H] no meanes endure the gouernement of his deputies or lieutenants, but by voyce chose vnto themselues a king: although that they could by no right or reason do so, but by the consent of Henry, vnto whom they had giuen all the soueraigne rights, whereunto they had not annexed any clause or condition (when as question was of the king∣dome of France to fall vnto him) that hee should not in his absence by his deputies or lieutenants gouerne that kingdome bestowed vpon him: as hath bene alwayes lawfull for all princes to do. For it is an old axiome, a donation once consummate and per∣fected not to admit any moe conditions. But admit both the kingdomes confine to∣gether, as doth Polonia and Hungarie; what doubt is there but that he will, if he can, make one kingdome of two? or change an Aristocratique estate into a right Monar∣chie: [ I] yea, and that by force of armes, if the nobilitie or people shall withstand him, whereof we haue an example of the Emperour Charles the fifth, who after the ouer∣throw of the Germaine princes had changed the Aristocracie of the Germaines into a kingdome, and had caused his sonne Philip to be sent for out of Spaine into Germa∣nie, to haue made him king of the Germaines, had not Henry the second the French king most mightily withstood him, and so broken his designes. The occasion of Iu∣lius Pflugius the Bishop is yet extant wherein hee laboureth to persuade that one thing especially, viz. that the most sure foundations of the Germaine empire might be layd. And in case that the prince cannot ioyne the kingdome which he hath got by election confining vpon him, vnto his owne naturall kingdome: yet will he so much as in him [ K] lieth draw all the profits, fruits, and reuenues of the strange kingdome vnto his owne: and hauing taken away the voyces from the nobilitie whom hee hath in his power, shall appoint or cause them to chuse whomsoeuer pleaseth him to succeed him: as the kings of Denmarke, of Thunes, yea and the Germaine emperours also themselues by a custome of long receiued from their ancestors haue vsed to do: in such sort as that the rights of elections by voyces, seeme to be vtterly taken away. So Ladislaus king of Bohemia, the sonne of Albertus, and the emperour Fredericke the third his nephew, by the voyce of the people chosen king of Hungarie by a certaine bond of fealtie, left

that kingdome vnto his nearest kinsmen all most hereditarie. And albeit that Mat∣thias [ A] Coruinus the sonne of the noble Huniades (Ladislaus being dead without issue) by the voyces of the people obtained that kingdome (they alwaies pretending that the right of the choice of the king belonged to them; and that the succession of the next of kinne was not to take place) yet for all that Fredericke his nearest kinsman was about both with his owne power, and the strength of the whole empire to haue inuaded that kingdome, and had vndoubtedly so done, had not Matthias by his promise put him in hope of the kingdome for himselfe and his posteritie: if he should himselfe die without issue, as by chance he did. Howbeit, yet neuerthelesse that Matthias being dead, the Hungarians made choice of another Ladislaus king of Bohemia and Polonia also: with∣out regard of the conuention and agreement before made with Fredericke, which was [ B] the cause of a most great and cruell warre for the kingdome of Hungarie: which could by no meanes be appeased: vntill that by all the degrees of the people of that kingdom it was decreed that it should from thenceforth be hereditarie: and that after the death of Dadislaus Maximilian the sonne of Fredericke should succeed in that kingdome, as in∣deed he did: But his nephew being left vnder age, and the estates of the kingdome pre∣tending them to haue the right to make their choice of his gouernours; against Fre∣dericke who sought to step into the gouernement of Hungarie, and to take vpon him the guard and protection of the yong king his nephew: the people of Hungarie, yea, and the sister of Ferdinand (the yong kings mother) chose rather to cast themselues in∣to Solyman the great Turkes lappe, and so to betray both king and kingdome, rather [ C] than to endure the gouernement of the emperour Ferdinand in such sort, that they for the maintenance of the right of their election, are now fallen into the perpetuall serui∣tude of the Turke: hauing not onely lost the right of their election, which they so striue for; but in hazard also to loose their lawes, libertie, and religion: as the com∣mon custome of all strange princes is (as much as in them lieth) to change the lawes, customes, and religion of the people by them subdued, or oppressed, and to enure them, or otherwise to enforce them to embrace and follow their fashions, manners, and reli∣gions: and was as should seeme the principal cause why God forbid his people to make choice of a strange prince to raigne ouer them.

And yet in matter of election the way being open to manie competitours, if the [ D] matter be to be tried by force, alwayes the most wicked and deceitfull: or else the most hardie and aduenterous, put all vpon hazard to attaine thereunto: And if it hap the most vertuous to be chosen, his life is still in danger of the competitours being of grea∣ter power: as in Germanie it hath bene seene: where within this 360 yeares, since that Monarchie fell into election, there haue bene eight or nine emperours slaine or poy∣soned, and among others, William of Holland, Rodolph, Albert, Henry the seuenth, Fredericke the second, Lewis of Bauaria, Charles the nephew of Henry, and Gunther: besides all them who were most shamefully thrust out of the imperiall seate. And of 15 Sultans which were chosen kings of Aegypt, there were seuen of them slaine: namely, Turqueman, Melaschall, Cothus, Bandocader, Mehemet, Cercasse, and Geapalt. And of the [ E] Romane emperours after the death of Augustus, there were seuen one after another massacred, poysoned, or strangled: and that three of them in one yeare, oppressed on∣ly by the conspiracie of citisens. Yea, the pretorian souldiers sometimes slew the em∣perours to haue a new, onely vpon hope of gifts and largesses. But still hee of whom the Senators made choice, displeased the legions and men of warre: yea oftentimes e∣uery armie created an emperour, in such sort as that at one time there were thirtie Ro∣mane emperours chosen in diuerse places, and among them one woman, viz. Zenobia: all the empire being in ciuill warres and combustion who should carry away the state,

no end thereof being to be found vntill that the rest were by the power of one all op∣pressed. [ F] Neither was there any assurance in the estate, if the sonnes either lawfull or adoptiue succeeded not their fathers without election, so as did Tiberius, Titus, Traian, Adrian, Antoninus Pius, Marcus Aurelius, and Commodus. But if any of the empe∣rours gaue not order for the adopting of his successour, in case hee had himselfe no children, the commonweale alwayes fell againe into ciuill wars. And for this cause the emperour Adrian fearing lest the estate should fall into election, he himselfe hauing no children, thought it not enough to adopt Antoninus Pius, but also caused him to adopt Marcus Aurelius, and Aelius Vetus: following therein the wisedome of Augustus, who to preuent the warres oftentimes arising about election, adopted his two little nephews Caius and Lucius: who both dying without issue, hee adopted also his third [ G] nephew Agrippa, and with him Tiberius his sonne in law: yet with condition that hee should first adopt Germanicus. And they which were so adopted and appointed heires of the empire, were called principes iuuentutis, or princes of the youth: and afterward of the Germaines; reges Romanorum, or kings of the Romans: to the end that euen in estates and Monarchies going by election, there might yet be some certaine successor. For so Henry the third the emperour whilest he yet liued caused his sonne to be chosen king of the Romans, and his grand child to be also by him adopted. And Charles the fourth after that caused his sonne Wenceslaus by the electors to bee designed to the em∣pire, but not without a great summe of money: vnto whome succeeded his brother Sigismund, who afterward adopted his sonne in law Fredericke the third; who againe [ H] caused Maximilian his sonne to be adopted emperour. Neither was it to be doubted but that Philip, Maximilian his sonne, should haue raigned ouer the Germaines, had not his vntimely death preuented his fathers hope. And all bee it that the estates and princes of the empire, the imperiall sea•…•…e being as then vacant, had many great princes competitors in the same; yet so it was that they deemed the grand child of Maximi∣lian (Charles, then a very yong man, and neerest vnto Maximilian in bloud) by a certaine successiue right worthie to be preferred before the rest of the princes. And allbeit that the Bohemians, the Polonians, the Hungarians, Danes, and Tartars, will by no meanes suffer the election of their kings to bee taken from them; yet they thinke that their kings sonnes ought still in their choice to be preferred before all others, that so by [ I] the benefit of succession all the occasions of ciuill wars might bee preuented and taken away. For which cause Sigismundus Augustus king of Polonia and last of the house of Iagellon, hauing but two sisters, assembled the estates of the kingdome to consult con∣cerning his successor; hauing before vnited the dukedome of Lituania vnto the king∣dome of Polonia: whereunto for all that the estates would not consent, fearing to loose their right of election; or that he should haue giuen them a king contrarie to their good liking. And at the same time as it were, the parliament of England was holden at London in October 1566, where the estates preferred a request vnto the Queene for the prouiding of a successor vnto the crowne, to auoid (as they sayd) the euident dangers whereinto the kingdome was like to fall, if it were not foreseene and prouided for; and that they were resolued not to speake of any subsidie, or other thing whatsoe∣uer, [ K] vntill that matter were determined. With which request howbeit that the Queene was much troubled; saying, That they would make her graue before she were dead: yet so it was that she promised them therein to follow the counsell and aduise of such as were the wisest in her land. For a kingdome going by succession still falleth into e∣election when there is none left neere of kin, neither of the fathers side nor of the mo∣thers; in which case it is necessary to prouide before that the matter so fall out, where∣as otherwise the estate is in great hazard to be quite ouerthrowne: as it happened vn∣to

the estate of Milan in the yeare 1448, after the death of Philip Maria the last of the [ A] •…•…eires male of the house of Anglerie, which in successiue right had holden Milan soure hundred yeares: when as the people seeing themselues in full libertie without any lord or soueraigne, resolued to maintaine a Popular estate: razed the castle Ioue, burnt the last dukes testament, chose twelue Senators; and after that hauing made choice of Charles Gonzaga for their generall, most cruelly butchered all them which tooke part with Frances Sforce, who being a man but basely borne aspired to the soue∣raigntie, as hauing maried the base daughter of Philip the last duke, as also by the adop∣tion which the duke had made of him. At which selfe same time the emperour Frede∣ricke the third claimed that dutchie, as a fee deuolued to the empire for default of heires males. And Charles of Orleans on the other side claimed it as belonging vnto him in [ B] the right of his mother Valentine, both the naturall and lawfull sister of the last duke. During which quarrels the Venetians (as their vsuall manner is) to fish in troubled water, without any right at all, possessed themselues of Cremona, Laude, & Placence, all members of the dutchie of Milan. The duke of Sauoye tooke also Nouarre and Versel: Sforce, Pauie, and Derthone: and the people of Milan vnable now to mannage their estate at home, or to defend their territorie abroad; and yet abhorring the go∣uernement of one, and not well knowing vnto what Saint to commend themselues, voluntarily submitted themselues with their citie vnto the Venetians, by whom for all that they were reiected. So that in fine all the Christian princes and states their neigh∣bours, were vp in armes and together by the eares for the estate; and for all that the last [ C] duke prouided not for his successor as he ought to haue done, in following that which was resolued and agreed vpon at the treatie of the mariage made betwixt Lewes duke of Orleans and Valentine his sister: neither in taking vnto him Charles of Orleans his nephew, and right heire of his dukedome so to haue adopted him, and brought him vp neere vnto his person, but adopted Sforce who had maried his base daughter, being but the first gentleman of his house.

But the royall stocke being extinct, the last thereof may by right adopt vnto him∣selfe his successor, except the nobilitie or people claime the right of the choice of their prince to belong vnto themselues. For if the last prince of the bloud shall appoint no [ D] man to succed him, the soueraigntie is to fall vnto the people. It beeing a common matter for Monarchies neuer to fall into election, but when the Monarch dying with∣out heires hath not prouided a successor. For so the line of Charles the great beeing vtterly extinct, when as the last king of the Germaines had adopted none to succeed him, Henry the Faulconer duke of Saxonie was by generall consent of all men created emperour: wherein for all that the Germaine writers are at varience among them∣selues: one of them thinking Arnulphus; and another Charles the sonne of Lewes king of the Germaines to haue bene chosen emperour, and that not by the voyces of the people, but of the fiftie princes onely: and that electiue right to haue beene at length conferred vnto seuen of them who were thereof called the princes electors: and that to haue happened about the yeare 1250. But let vs now come vnto our owne histo∣ries. [ E] Many there be which haue reported the kings of France in antient time to haue bene created by choyce, and so that kingdome to haue fallen into election: but all that vntruly. For why that must needs haue bene done in the raigne of the Merouignes, or the Carlingues, or of the Capets.

Now concerning the first line which is of the Merouignes; Agathius a Greeke au∣thor of great authoritie and antiquitie (for he flourished about the yeare 500) writeth the French nation hauing chosen the best forme of a Commonweale that was pos∣sible (that is to say the royall Monarchie) to haue therein surpassed all their neigh∣bours:

neither to haue had any other kings but by the right of succession. And the [ F] same author in another place sayth, Theodebert the sonne of Theodoric and nephew •…•…o Clodoueus, being yet vnder age and the gouernement of his tutor, to haue beene called vnto the crown according vnto the maner and fashion of their ancestors. Cedrinus also another Greek author, and he also very antient (who writ in the yeare 1058 in the time of Philip the first the king of France) reporteth the French men to haue had no other kings, but by a successiue right, after the antient manner of their ancestors. Wherein he sheweth the aforesayd three lines of the kings of France to haue vsed the right of succession. And if so bee that first Charles, and after him Carlomaine the children of Pipin caused themselues to be both chosen by the nobilitie (as indeed they were) yet was not that done but onely so by the power and fauour of the nobilitie to assure their [ G] estates, & to stop the mouths of such as were yet left of the house of the Merouignes, as in like case some of them did also of the house of Capet, who had thrust out them of the house of Charlemaigne. As for that which is reported of Otho, him by the consent and voyces of the nobilitie to haue bene created king: he at the time of his death ha∣uing called together the princes of the kingdome, protested him to haue so done, not so much that he himselfe might reigne, as to keepe the kingdome and the Common∣weale wherewith he was put in trust, in safetie vnto Lewes the Stammerer to whom he was appointed tutor. Robert Otho his brother in chalenging the kingdome as it were in the right of succession after him, was slaine in the battell of Soissons. Rodolph also sonne vnto the duke of Bourgundie caused himselfe also to be chosen, to exclude Charles the [ H] Simple, from whom in the castle of Berone wherin he then was kept prisoner, Harbert countie of Vermandois had in fauour of this Rodolpe extorted his resignation of the crowne. And after that Hugh Capet had wrested the scepter out of the hands of Charles of Loraine, he caused his sonne Robert whilest hee himselfe yet liued, to bee crowned; and he likewise his sonne also, Henry the first; and Henry, his sonne also: and so vntill that one of the daughters of Baldwin earle of Holland and regent of France, descended from the eldest daughter of the aforesaid Charles of Loraine, and so lineally from Char∣lemaigne, was maried vnto Philip the first, and was mother vnto Lewes the Grosse: wherby the secret grudgings & hatred of the people against the Capets were appeased, & the fire of ioy and blisse kindled, to see one of the race of Charlemaigne, and so of the [ I] bloud of Saint Arnulph, ioyned with the stocke of Capets. And if any coniecture there be, wherfore any man should thinke the kings of France to haue bene by election crea∣ted; it may best seeme to be drawne from the manner of the coronation of the kings: For before the king that is to crowned take his oath, the two Bishops of Laon and Beauuois standing on both sides of the king, and lifting him vp a little from his throne, and then turning themselues vnto the people there present, demaund of them whether they will haue that man to reigne ouer them or not: whereunto they giuing their consent, the Archbishop of Reims taketh his oath. So that they which write the kingdome of France to go by election, haue had no further regard but onely vnto the manner and forme of the chusing of the king (if it ought at all to bee called a choice) [ K] the manner whereof isyet to bee seene in the Librarie of Beauuois, and which I haue also taken out of the Librarie of Rheimes, and deserueth well to be set downe at large, whereby it is to bee vnderstood, in what sort our kings haue beene in antient time crowned.

The title of the antient written booke of Rheimes is this, LIBER IVLIANI AD ERRIGIVM REGEM: The booke of Iulian vnto king Errigius: (meaning Errichius the father of Philip the first) The words of the booke are these, Anno 1058 indictione xij Henrico regnante xxxij, & iiij Cal. Iunij, in die Pentecostes Phi∣lippus

rex hoc ordine in maiore ecclesia ante altare sanctae Mariae à venerabili Archiepisco∣pr [ A] consecratus est incoata Missa antequam epistola legeretur, Dominus Archiepiscopus ver∣•…•… ad eum, & exposuit ei fidem catholicam, sciscitans ab eo vtrum hanc crederet, & de∣fendere vellet: quo annuente delata est eius professio; quam accipiens ipse legit, dum ad huc septennis esset, eique subscripsit: erat autem prosessio eius haec: EGO Philippus, Deo propi∣tiante mox futurus rex Francorum, in die ordinationis meae promitto coram Deo, & sanctis eius, quòd vnicuique de vobis commissis canonicum priuilegium, & debitam legem, atque iu∣stitiam conseruabo, & defensionem adiuuante Domino, quantum potero, exhibebo, sicut rex insuo regno vnicuique Episcopo & ecclesi•…•… sibi commissae per rectum exhibere debet: po∣pulo quoque nobis credito me dispensationem legum in suo iure consistentem, nostra auctori∣tate concessurum. Qua perlecta posuit eum in manus Archiepiscopi, ante stante Archie∣piscopo [ B] Suessionensi, &c. Accipiens Archiepiscopus baculum S. Rhemigij, disseruit quietè & pacifice, quomodo ad eum maximè pertineret electio regis & consecratio, ex quo sanctus Rhemigius Ludouicum baptizauit & consecrauit. disseruit etiam quomodo per ìllum bacu∣lum hanc consecrandi potestatem & totum Galliae principatum Ormisdas papa sancto dede∣rit Rhemigio: & quomodo victor Papa sibi & ecclesiae suae concesserit. Tunc annuente pa∣tre eius Henrico, elegit eum in regem post eum. Legati Romanae sedis, cùm idsine Papae nu∣tu fieri licitum non esse dissertum ibi sit: honoris tamen & amoris gratia tum ibi assuerunt: Legati Lotarius Sol; Archiepiscopi, Episcopi, Abbates, Clerici; Dux Aquitaniae, filius, Lega∣tus Ducis Burgundiae, Legati Marchionis, & Legati Comitis Andegauensis: pòst Comites [ C] Vandensis, Vermadensis, Ponticensis, Suessionensis, Aruer nensis, pòst milites & populi tam matores quàm minores vno ore consentientes laudauerunt, ter proclamantes: LAVD∣MVS, VOLV MVS, FIAT. In the yeare 1058, the twelft of the indiction, of the raigne of king Henry the xxxij, the iiij of the Calends of Iune, on Whitsunday, king Philip was in the great church, before the altar of blessed Marie, by the most re∣uerend Archbishop in this order crowned: Masse now alreadie being begun, & before the reading of the Epistle: the Lord Archbishop turning himselfe vnto him, declared vnto him the Catholike faith, asking him whether he beleeued the same, and would also defend it? Wherunto he graunting, his profession of the same was brought forth, which he taking read it, (being as then but seuen yeares old) and subscribed to the same, [ D] whose profession was this, I Philip, by the grace of God, by and by about to be the king of France, vpon the day of my inuesting do promise before God and his saints, to keep canonicall priuilege, with due law and iustice to euery one of you the committies: as also so much as in me lieth by the helpe of God, to defend you, as a king in this king∣dome of right ought to doe vnto euerie Bishop, and to the church committed to his charge: as also by our authoritie to graunt vnto the people committed vnto vs, the ad∣ministration of our lawes, standing in their full power. Which profession so read, hee put it into the Archbishops hands, &c. (Here are twentie Bishops and many Abbats by name reckoned vp, and immediatly aster) The Archbishop taking the staffe of Saint Rhimigius, calmely and quietly declared, How that vnto him especially belonged the [ E] choice and consecrating of the new king, euer since that Rhemigius baptized and con∣secrated king Lewes: declaring also, how by that staffe of Hormisdas the pope gaue vnto Saint Rhemigius this power of consecrating the kings, with all the kingdome of Fraunce: and how the Pope Victor graunted the same also vnto him and his church. And so his father Henrie consenting thereunto, chose him to bee king after him. The Legats of the See of Rome hauing there reasoned it, not to be a thing lawfull without the licence of the Pope, were yet for loue and honours sake there present: as were also other ambassadours, as Lotarius Sol, with other Archbishops, Bishops, Abbats, Clarks, the young Duke of Aquitane, the ambassadours of the Duke of Burgundie, the ambas∣sadours

of the Marquesse, the ambassadors of the Earle of Angiers, after them the Earls [ F] of Vandosme, Vermandoise, Soissons, and Auuerne: after that the souldiors, and peo∣ple, as well the greater as the lesser, with one consent commended him, crying •…•…ut thrice aloud, We prayse him, We will haue him: Let it be done. These things wee haue word for word written, the which were neuer yet put in print. They therefore which thinke the kings of Fraunce to haue beene in auntient time created by the voyces of the people, vnderstand not the bishops of Rheimes to haue affirmed, that to haue bene giuen vnto them by a certaine singular priuilege from the bishops of Rome: howbeit that it can in no wise agree with the faith & obedience which the archbishops of Rheims haue vsed to giue vnto the kings of Fraunce. Wee read also, that Charles (he which for want of wit was surnamed the simple) was crowned by Fulke the arch∣bishop [ G] of Rheims, in the right of his neerenesse of blood, and not in the right of any ele∣ction by voyces. Whereby Otho so chosen, prerended himselfe to be king: and vnto whom complaining of the iniurie done him by the archbishop in crowning of Charls: Fulke aunswered, That he had made choyce of Charles, according to the manner and custome of his auncestors, who had not vsed to chuse kings, but of the royall stocke & race of kings. Whose letters written vnto that effect to Otho are yet extant. Wher∣by it appeares, that if euer any man had the right of election, it belonged vnto the arch∣bishop of Rheims, or that at leastwise he was in the possession thereof: and yet for all that, that he could not make choyce of any other king, but of the princes of the blood. But to shew that the right of the crowne of Fraunce still descended vnto the heire male [ H] next of blood and name, it appeareth not onely by the authoritie of them whome wee haue before noted, but yet more also by the cruell and bloodie warre, that was betwixt Lotaire, Lewes, and Charles the Bauld, grounded vpon this, That their father had giuen the better part, and the regall seat of Fraunce, to Charles the Bauld his youngest sonne: howbeit that all the three brethren were kings, gouerning their diuided kingdoms with royall soueraigntie. And for that Henry the first, king of Fraunce, the younger sonne of Robert, had bene chosen by his father, and his elder brother the duke of Burgundie reie∣cted: he fearing least the children of his elder brother, should in their fathers right lay claime vnto the crowne, and so put all France into ciuill warres, as it had before bene in the wars betwixt him and his brother; to preuent the same, hee caused his son Philip, [ I] so soone as he was but seuen yeares old▪ to be crowned king of Fraunce. Which yet was done without any forme of election at all: except perhaps, that some would ab∣surdly say, The election of the kings to belong vnto the archbiships of Rheims, as giuen them by the pope, mistaking the consecration, for the creation of them. Howbeit that the verie consecrating of them, properly belonged not vnto the archbishops of Rheims alone: king Lewes the Grosse being consecrated by the archbishop of Sens, in the citie of Orleans. Besides that the archbishops of Rheims foolishly pretend them to haue that from the pope: wherein the popes themselues haue no right, no more than they haue vnto the empire, which they haue made subiect vnto their elections; and by thru∣sting the sickle into another mans haruest (as saith Albericus the lawyer) haue against al [ K] right made lawes concerning the estate of princes, binding the emperour to giue vnto him the oath of fidelitie: chalenging vnto himselfe the power to depose him; as all other kings also. Howbeit that the bishops of Rome do themselues by their decrees confesse, the French kings to be altogether free from the popes obedience & seruitude: neither to acknowledge any one greater than themselues, next vnto God. And that is it for which they say in this realme, That the king neuer dieth. Which auntient prouerb sheweth well, that the kingdome neuer went by election, & the kings thereof hold their scepters neither of the pope, neither of the archbishop of Rheims, nor of the people, but

onely of God alone. And I remember a lawyer, a most famous pleader of his time, [ A] who to serue the cause he had in hand, said in his pleading, That the people of Fraunce had giuen the power vnto the king: alleaging therefore the words of the great lawyer Vlpian, where he speaking of the Roman emperour saith, Lege Regia de eius imperio la∣ta, populus ei & in eum omnem suam potestatem Contulit, By a royall law made concer∣ning his power, the people conferred vnto him and vpon him all his power: whereat the kings people suddenly arise, requesting the court in sull audience, That those words might be rased out of the plea; shewing that the kings of Fraunce had neuer receiued their power from the people. Yea the court therefore sharply reproued the said law∣yer, causing the words, at the request of the Attourney generall, to bee rased out of the plea, forbidding him any more to vse such speeches: who neuer after, as euery man [ B] knoweth, pleaded cause in that court. But yet this is made more plaine by the solem∣nitie commonly vsed at the kings burials, where the kings garments, weapons, scepter, and armes, are so soone as the king is buried cast away; an herauld at armes with a loud voyce proclaiming thrice, Rex est mortuus, or, The king is dead. And euen he the same man, presently after aduancing a banner with the Lillies in it, the proper armes of this nation, crieth likewise, Viuat Rex N. eique vitam diuturnam ac felicem Deus largia∣tur, God saue king N. and graunt him long and happy life. The like manners and cu∣stomes vse the English, the Scots, and Spaniards, with whom (as with vs) the kingdom is by right of succession giuen vnto the neerest of kin. The like ceremonies are vsed al∣so [ C] amongst the Bohemians, the Danes, and Polonians, but yet not before that another king be by voyces created.

But now those daungers which we haue said to follow the election of a prince, be∣long not more vnto the kings and princes themselues, than vnto them that chuse them: for if the king be to be chosen by the voyces of the whole people, all must needs be full of seditions, factions, and murders. But if the nobilitie, or some other estate onely, shall chalenge vnto themselues alone the right of chusing of the prince, the rest of the estates will grudge and repine thereat, that which is of right due to all, to be giuen to some few. yet could nothing be deuised more commodious or expedient for the auoiding of the factions of the seditious, and of ciuill warres, than to take from the multitude of princes [ D] and magistrats, the election of the soueraigne prince or king, & to communicat it with some few. For so the German princes (who in auntient time were fiftie foure, and now almost foure hundred) haue giuen all the right of their voyces, for the chusing of the emperour, vnto the seuen Princes Electors. Neither yet in so great fewnesse of them, doe they still well agree, but sometime being at discord among themselues, haue chosen two emperours at once: as namely Albert of Austria, and Lewes of Bauaria, who for the space of eight yeares made most cruell warres, which of them should as emperour rule and raigne one of them ouer the other, all that while one of them still spoiling and ruinating the townes, castles, and villages, of the others fauourits and part takers. So in like manner the cardinals (who were but twelue) after the death of pope Clement the 4, [ E] for the great dissentions and factions of the mightie, differred the election of the next pope three yeares▪ and in fine chose the archdeacon of Leedes▪ who was then gone to Hierusalem, and was afterwards called Gregorie the tenth: & who for that cause bound the colledge of cardinals vnto most strait laws in the choyce of the pope, and yet could he not so prouide, but that after his death, they at once made choyce of three popes, and oftentimes of two; insomuch that at the last it was needfull to shut them vp, and to starue them with hunger, if within a certaine appointed time, they did not denounce him pope, who had at the most two parts of the voyces: which yet is more straitly kept in the chusing of the Grand Maister of the Knights of the order of Saint Iohn:

for they mure vp the twentie foure electors, before nominated by the knight, without [ F] either meat or drinke, who must chuse one who is not of that number of the twentie foure, and that within a short time limited them. There haue bene seene also such fa∣ctions, suits, and murders, to haue happened in this realme, about the election euen of the inferiour bishops, as haue oftentimes troubled the state euen of the most famous cities, and wherein he that was the most vitious and ignorant most commonly carried away the matter: than which no greater cause seemeth to haue beene, wherefore the voyces for the chusing of bishops haue bene taken from the colledges of priests and monkes, and giuen to princes: as the Chauncellour Prat declared, at such time as que∣stion was in parliament, for the verifying of the agreement made betwixt king Francis the first, and Leo the tenth: For which cause also the bishops and abbats in Moscouie, [ G] are drawne out by lot.

And yet neuerthelesse the onely colour that men haue to maintaine election, is to say, That the more worthy men are so chosen to be emperors, popes, bishops, and pre∣lats. Wherein I referre them vnto the histories of all ages, which will say the contra∣rie: and that there haue seldome bene more vicious and wicked men, than were the most part of them who were by choyce and election preferred; which wee need not now by examples to verifie: but thus much onely I say, that if the right of succession had taken place, Nero, Heliogabalus, Otho, Vitellius, and such others, the monsters of na∣ture, had neuer come vnto the Roman empire: Augustus, Traian, Adrian, both the Antonines, with other the emperours excelling in vertue and wisedome, who by adop∣tion [ H] (as by the lawfull right of succession) obtained the empire, should haue beene ex∣cluded. But were it so that the better princes were still to bee chosen by the suffrages and voyces of the nobilitie, or of the people, or of other the wiser sort: yet so many and so great inconueniences are on euery side attending, as that it were better to want good princes (howbeit that we cannot by this meanes haue them) than to haue them with so great daunger of the subiects created and chosen, especially so long as the right of succession may take place. But the line of the monarchs fayling, and the right deuol∣ued vnto the estates: in this case it is much surer to proceed by lot, hauing made choice of the most worthiest persons, or of such as be equall in nobilitie, or in vertue, or in power, to the end that one of them may be drawne by lot, rather than to enter into [ I] tearmes of election: prouided that the name of God be first called vpon, in following the forme of the auntient Hebrewes, who still said, Lord God direct thy lot, to the end that all sorcerie and witchcraft may be from hence absent. So the great Prophet Sa∣muel, when question was for the making of a new king, caused all the people to bee as∣sembled, and the lot to be drawne for all the twelue Tribes, which falling vppon the Tribe of Beniamin, and lot cast also vpon the families of that Tribe, in the familie of Cis the lot fell vpon Saul, whome Samuel by the commaundement of God had before an∣nointed, to the end that the people should not thinke that the kingdome was vnto him by chaunce onely fallen. But after that the Monarchy is once established, men haue commonly had regard vnto the prerogatiue of successiue right, without vsing either of [ K] election, or lot. So the seuen great princes of Persia, Cambyses being dead without is∣sue, vsed lot, or rather the neying of an horse for the chusing of their king. Yet wee see Darius hauing once by lot got the kingdome, the soueraigntie of the state to haue bene afterward by successiue right deriued vnto his posteritie.

Now it is not enough that successiue right take place in the descending of a king∣dome, but that the neerest of kin vnto the soueraigne monarch succeed him also: my meaning is, among the males, and those of his name, which is (to speake properly) the elder, as the first descended of him. For so the order of nature willeth that the elder

should goe foremost next after the father, and that the rest should euery one of them [ A] follow in their degree, and so by consequence, that he should be preferred before the others. And this law a man may say to be naturall, and such as hath beene alwayes al∣most to all people common. For so said Perseus, that by the right of nature common vnto all nations, and by the custome inuiolably obserued in the kingdome of Macedon, the elder was still to succeed into that kingdome. And for that reason (as saith Diodo∣rus) Alexander the Great carried away the crowne of that kingdome, from the rest of his brethren. As the manner was also in the kingdome of Parthia, where the eldest of the house of Arsaces their first king, and the neerest of his blood succeeded: following therein (saith Iustin) the auntient custome of the Parthies. In like manner amongst the Hebrewes, the kingdome of Iuda was giuen to Ioram, for that (as saith the Scripture) he [ B] was the eldest. And so Herodotus himselfe (the most auntient of all the Greeke histo∣riographers) saith, That generally in all kingdomes the custome was, that the elder should by right of succession haue and enioy the scepter and diadem: yea and more than foure hundred yeres before Herodotus (as saith Coruinus Messala, in his booke de∣dicated to Augustus the emperour) Ilus as the elder brother, was preferred vnto the kingdome of the Latines, before Assaracus the yonger brother. We read them also of the West Indies (although men of all others most deuoid of humanitie) to haue also vsed this same natural▪ law, for the eldest to succeed before the younger. And that when Francis Pizarra Generall of the Spaniards, conquering the kingdome of Peru, caused [ C] Attabalippa the king to be put to death: all the people thereat reioyced, to see him die that had caused his elder brother to be slaine, so to become king himselfe, contrarie to the custome of the countrey, and his fathers will conformable thereunto: who hauing two hundred children, yet by his will appointed that Gaca his eldest sonne should alone succeed him in his kingdome, without diuiding of the same. And albeit that the chil∣dren were twins, yet so it is, that the prerogatiue of the kingdome is to be kept vnto him that is first borne, & so to be left, witnessed by most manifest proof: least such like quar∣rell should arise for the prerogatiue of birthright, as did betwixt Iames king of Scots, and the duke of Albanie, being twins: which kingdome the duke complained to bee wrongfully taken from him: king Iames maintaining the contrarie, for that he was the [ D] first borne. And so alwayes when men would force and violat this naturall successiue right, great troubles and ciuill warres haue thereof ensued: as it happened for the king∣dom of Alba, inuaded by Aemulius, being of right due vnto Numitor the elder brother: & to Aristobulus king of Iudea, thrust out of the kingdome by the sentence and doome of Pompey the Great, to make an end of the ciuill warres and seditions: the kingdome being so restored vnto his elder brother Hircanus, without respect to that which Ari∣stobulus alleaged, his said brother not to haue bene fit to beare armes, neither yet to go∣uerne a kingdome. A reason and colour for which the fathers and fauourits haue oft time troubled the right of their children, to set the crowne due vnto the elder, vpon the head of the younger. As did Ptolomey the first of that name king of Aegypt, who con∣trarie [ E] vnto the law of nations (as saith Iustin) preferred the younger brother vnto the kingdome before the elder, which was the cause that one of them slue the other. In which errour Ptolomee surnamed Physcon offended also, who persuaded by his wife Cleopatra, preferred the younger brother before the elder: but was no sooner dead, but that the people expulsed the younger, and restored the scepter vnto the elder. Anaxan∣drides also king of Lacedemonia, preferred Dorieus before Cleomenes his elder brother, for that he was the more ciuill: and yet the historie saith, that the people thereof grie∣uously complained, as of a thing done contrarie to the law of nations. And albeit that king Pyrrhus said, That his will was, that he of his children should succeed him, which

had the sharpest sword; meaning thereby the most valiantest of them: yet the people [ F] after his death preferred the eldest, although vnfittest for warres. For whatsoeuer va∣lour, courtesie, beautie, or wisdome there be in the yonger more than in the elder; yet should not the father therefore, contrarie vnto the law of nations, preferre the younger before the elder: howbeit that the exteriour forme and feature of the bodie hath decei∣ued many. Foolishly therefore do those parents, which ouercome with the flatterie of their younger sonnes, and disinheriting the elder of their kingdomes, haue incensed their children most cruelly to murther one another: so as did the father of Atreus, and Thyestes, who willing to preferre the younger before the elder, as the fitter for the mannaging of the affaires of state, so filled and foyled his house with most cruell and horrible tragedies. But more foolelishly doe they, which search into the natiuities of [ G] their children, so to bestow the kingdome vpon him whom the starres seeme to fauour most: as did Alphonsus the 10, king of Castile, who by this means would haue preferred the yonger brother before the elder: who for the disgrace so offered him, slue his yon∣ger brother, and caused his said father for griefe to die in prison. In like case almost Ga∣briel the yonger sonne of the Marquesse of Salusse, by the consent of his mother cast his elder brother into prison, pretending that he was out of his wits: who yet breaking out of prison, recouered his principalitie, & hauing chased out his brother, coupt vp his mother in the same prison, wherein hee himselfe had but a little before beene shut vp. And not to seeke further from home, wee haue seene all this realme on fire with ciuill warres, for that Lewes the Deuout, at the intreatie of his second wife, had preferred [ H] Charles the Bauld, before Lothaire his elder brother. Wherefore pope Pius the second did wisely, in reiecting the request of Charles the seuenth the French king, desirous to haue preferred Charles his yonger sonne before Lewes the 11 his elder brother: howbe∣it that the king had reason so to do, considering that Lewes had without any iust occasi∣on, twice taken vp armes against him, so to haue taken from him the crowne, and to haue pluckt the scepter out of his hand.

Now it is so farre from that the first begotten, or eldest sonne, should for cowardise or want of courage, be imbarred to succeed vnto the crowne, as that if he be misse sha∣pen and deformed also, yet ought not the prerogatiue he hath vnto the crowne by his birthright for that to be taken from him. Howbeit that it much concerneth the Com∣monweale [ I] to haue kings that be not deformed. Wherunto Lycurgus and Plato, would great regard to be had, and especially Lycurgus, who willed the deformed children to be slaine. But the law of God hath decided this doubt, commanding the yonger not to be preferred before the elder, for what loue or fauour soeuer. Which is not onely to take place when question is of the right of the elder, but also when the next heire male of the fathers side is to succeed vnto the crowne, albeit that he bee deformed. For one ought not for one inconuenience to break so good a law, or to open a gap so dangerous vnto Monarchies: which to be so the estates & people of Hungarie shewed by a most notable example: contrarie vnto the will & disposition of Ladislaus their king, who ha∣uing no issue, adopted Alme his brothers yongest son, so to make him king after him, re∣iecting [ K] Coloman his elder brother, whom he in a sort banished, sending him a great way off, to studie in Paris: causing him also afterwards to enter into the orders of priest∣hood, & withall bestowing vpon him a bishoprike, so to take from him all the hope for him to succeed vnto the crowne. For he was a man altogether deformed, goggle eyed, euill spoken, lame, & crooked backed; & yet for all that Ladislaus being dead, the estates of that kingdom draue out the yonger, refusing to haue any other king but the elder brother, whome they called home, and by their ambassadors afterward obtained of the pope, to haue him dispenced with, and discharged of his orders, and married also.

In like case Agesilaus, a lawe dwarfe, hauing by the meanes of Lysander a prince of the [ A] same bloud excluded Leotichides as Alcibiades his bastard, succeeded into the kingdom, not as the kings son, but as next of the fathers side, and of the bloud of Hercules: his ad∣uersaries in vaine complaining the kingdom to hault. And howbeit that Lysander who had preferred Agesilaus to the kingdome afterwards did what he might to haue abro∣gated the antient royall law, and to haue published an edict whereby the nearest of bloud should not haue succeeded into the kingdome, but that the most sufficient of the bloud royall should still be chosen; yet was there none found of his opinion.

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

succeed him in the same. [ F]

But it may de doubted if the grandfather yet reigning, the eldest sonne shall die lea∣uing a sonne, the grandfathers nephew; Whether the kingdome be due vnto the next brother or to the nephew, who is one degree farther off. Vpon which question many haue resolued it to be due vnto the next brother. And indeed Scipio Africanus willing as an vmpire to haue appeased the like controuersie betwixt Corbis and Orsua the vnkle and the nephew, for the kingdome of Numidia, and not knowing what in this point to resolue vpon, appointed the kingdome to be tried by combat betwixt them two: they both of themselues refusing to haue any other god or man for iudge but Mars: In which combat Corbis being both the elder and the cunninger ouercame his nephew, as Liuie writeth. Which like kind of combats betwixt the vncle and the nephew [ G] haue ofted in antient time beene vndertaken among the Germaine princes: which was the onely cause that stirred vp Barnard king of Italie to take vp armes against the em∣perour Lewes the Deuout; alleadging that the empire of right belonged vnto him as the onely sonne of Pepin the eldest sonne of Charlemaigne, and not to Lewes the De∣uout the yonger brother of Pepin: howbeit that Lewes yet caried it away, though not so much by right as by force of armes, and so preuailing against Bernard kept him shut vp in perpetuall prison. And euen yet at this present the kingdome of Moscouie is alwayes giuen vnto the yonger brother, after the death of the grandfather, without respect vnto the children of the elder brother: and that more is, the yonger brother succeedeth in the kingdome vnto the elder brother, although the elder brother being [ H] king leaue behind him a sonne yet vnder age: For so Basilius the Great, king of Mosco∣uie succeeded in the kingdome after his elder brother who had children. For which reason also Henry of Lancaster the sonne of Iohn of Gaunt deposed Richard the eldest sonne of Edward the Blacke prince: alleaging that his father beeing by death preuen∣ted, he could not succed Edward his grandfather in the kingdome: which yet was but an vniust quarrell pickt. So in like case Robert of Naples the yonger brother, by the sen∣tence of the Pope and of the colledge of cardinals, obtained the kingdome of Naples: the sonne of the elder brother king of Hungarie being so excluded. An vsuall matter amongst the Vandals, as Procopius writeth: for so Honorius got the kingdome of Gen∣sericus his grandfather, howbeit that Gerso his eldest sonne dying had left sonnes; [ I] which he obtained not so much by his grandfathers will, as by the antient law of al∣most all the Nomades and Northren nations.

And which I see to haue bene common euen vnto our ancestors also: for so Gon∣tran preuailed against Childebert the eldest sonne of Sigisbert in the obtaining of the kingdom of France. So Mauld ouercame Robert her nephew, the son of Robert her elder brother, for the countie of Arthoise, the Senat of France desciding the matter; and so obtained her fathers whole inheritance. Henry also sonne to Theobald earle of Cham∣paigne in like sute ouercome his eldest brothers sonne. But when Iohn Montfort in like sute for the dukedome of Britaine was ouerthrown, by his aunt the daughter of Vide of Britaine; what by right he could not, he by force obtained, not without a most cruell [ K] and bloudie warre. And so (as we sayd) Robert the sonne of Charles the second, by the iudgement of the Pope obtained the kingdome of Naples, Charles his nephew the elder brothers sonne, king of Hungarie, in vaine reclaiming. Sanxius also the sonne of Alphonsus the tenth king of Castile, his father fauouring of him thrust his elder brothers sonnes out of the hope of the kingdome. Iohn also hauing slaine Arthure, Godfrey his elder brothers sonne, tooke vpon him the kingdome of England. Vnlike was the quartell of Siluius, who after the death of Ascanius, in the right of his mother tooke from Iulus, Ascanius his sonne, the kingdome of the Latins: For that Lauinia had Sil∣uius

by Aeneas but not Ascanius. But not fewer, yea and I know not whether moe [ A] nephews to haue obtained their grandfathers kingdomes, their vncles yet liuing, ac∣cording to the antient law of the Lacedemonians. As for Lycurgus, he gaue vnto Cha∣rilaus his eldest brothers sonne, his kingdome, which he might easily haue taken vnto himselfe, the childs mother consenting thereunto. Arcus also the elder brothers sonne, after the death of his grandfather obtained the same kingdome, his vncle Acrotatus yet liuing. So also Iohn the sonne of Ferdinand succeeded to Alphonsus his grandfather king of Portugall, Henry his vncle being yet aliue. And not long after Sebastian the son of Iohn the eldest brother tooke vpon him the kingdome of Emanuel his grandfather, and not Henry his vncle, Lewes of Niuers also after the death of his grandfather got the counties of the Low countries his vncle yet liuing and looking on. But Robert the [ B] second, king of Naples (whose father by the sentence of the Pope had ouercome his elder brothers sonne) when question was betwixt the vncle and the nephew for the countie of S. Seuerine, by the councell of the lawyers gaue sentence on the nephews side. The like sentence was giuen by the iudges of the court of Paris betwixt the heires of Iohn Vaste the sonne of the earle of Foix, and the heire of Francis Phebe, who being the sonne of the elder brother had got his grandfathers inheritance, his vncle yet liuing. So also was it iudged for the dukedome of Britaine against Iohn Montfort. Others haue left it as a thing doubtfull to be tried by combat. For as Scipio Africanus permitted the combat betwixt Orsue and Corbis whom hee could not by law appease: the same we read to haue happened first vnder Otho the Great, and after that vnder Henry the first [ C] in Germanie; and the vncle to haue bene ouercome by their brothers sonnes. But the nephew of Agathocles king of Syracusa slew his vncle, going about to haue taken vpon him his grandfathers kingdome.

Neither want there probable reasons on both sides. For the nephew it auaileth that his father being dead he falleth into the power of his grandfather, & so is made his heire by the law of the twelue tables: and together with his vncles is admitted into his portion of his grandfathers inheritance, he dying intestat. And if the father substitute an heire vnto his sonne, that substitution ceaseth if the sonne beget children, onely vpon the coniecture of the fathers kind affection towards his sonne, as Papinian the lawyer hath answered. Yea, by the Roman lawes, brothers sonnes are admitted vnto [ D] their vncles inheritance: but then how much more true and iust is it for them to bee admitted vnto the inheritance of their grandfathers? That is also moreouer, that by the antient customes of Fees the nephew may by right receiue the whole benefit, his vncles being quite excluded. But no reason is more effectuall, than that an inheritance nei∣ther entered vpon, neither so much as yet fallen, is not onely deriued from the grand∣father to the nephews; but euen the verie vncertaine hope of a matter in trust being so but vnder a condition conceiued.

Neither yet for all this is the vncles cause on the other side altogether without rea∣son, if a man will but more neerly looke into these matters, and without guile inter∣pret the law of the twelue tables. For why this law still admitteth the nearest of kinne [ E] vnto the inheritance: but now the sonne is nearer vnto the father than the nephew, who but by a false supposall and fiction is deemed to be the same person with his dead father. But admitting that a faigned supposall is in some cases to bee borne withall: yet seemeth it not reason that such a false fiction should preuaile against the truth, espe∣cially vnto another mans harme or preiudice of his right. Neither doth the kindnesse of nature suffer the sonnes to be spoyled of their fathers wealth and goods, that all might be giuen vnto the nephew, who is farthest off from the grandfather: which must needs be not onely in the obtaining of a kingdome, but also of a dukedome, or of an earle∣dome,

or of an indiuisible fee, by reason of that imaginarie fiction whereof wee haue [ F] spoken, the nephew to be supposed to represent the person of his dead father. And so farre it was from that the Roman lawes should suffer the sonnes to be disturbed by the nephewes, as that things committed euen but vpon trust come not vnto the nephewes before that all the sonnes one of them substituted vnto another, be dead. But admit that the sonnes, contrarie vnto the lawes both of nature, and of the Romans, may be disin∣herited, that so way may be made for the nephew (which we see in indiuisible successi∣on to be still done) yet is it an vnreasonable, and vniust thing, an infant, a child, or one vnder age, of no experience in matters of warre, or in the other ciuill and weightie af∣faires of the Commonweale, to be called vnto the soueraigntie of a kingdome; and a∣nother neerer than he, that excelleth both in yeares and wisedome, to be in the meane [ G] time debarred of his fathers kingdome. For which reason the lawyers haue giuen the tuition of the fathers enfranchised slaue vnto the vncle, the nephew being excluded: but by how much more then is the tuition of the kingdome to be committed vnto the vn∣cle, rather than vnto the nephew? And last of all so it is, that vncles vnto whom the tu∣ition of their yong royall nephewes is almost still committed, commonly thinke of no∣thing else, but of the murthering and killing of them: whereof innumerable examples (and yet not all) are in histories reported, all which if I should goe about to gather to∣gether, I should so become tedious. Besides that, it is in sacred writ set downe, That Commonweale to be miserable and vnfortunat, where children beare rule.

Howbeit that the old receiued custome of our auncestours, and iudgements in this [ H] case often giuen, haue called me backe from this opinion. For those inconueniences which we haue spoken of, happen but seldome: which being such, the lawmakers are not greatly to respect. For if we would rehearse all the kings of Fraunce euen from the time of Charles the Great, we shall scarcely, or els not at all, in the space of twelue hun∣dred yeares, find the vncle and the nephew, after the death of the grandfather, to haue met together as competitors in the succession of this kingdome. Wee read it in the space of about fiue or six hundred yeares to haue happened once in England, once in Castile, twice in Portugall, and once in Sicilia. Wherefore let the sentence as well of the auntient, as of the later lawyers preuaile for the nephew against the vncle: not on∣ly in direct, but euen in oblique, and collaterall succession also. Which we haue some∣what [ I] the more curiously reasoned of, for that succession of the kingdome of Fraunce, which seemeth to be euen neere at hand. But if cosin Germans, or the vncle and the nephew, shall in the right of themselues without any fained supposall of representation, lay claime vnto the crowne of a king their kinsman, dead without heires male, be it that they were fiftie degrees off, yet he that is descended of the elder, albeit that hee were himselfe the younger, shall carry it away from the elder: as it may and hath oftentimes enow happened in this realme. And yet neuerthelesse in particular successions in colla∣terall lines, they shall equally diuide the diuisible inheritance into parts: but if the inhe∣ritance be indiuisible, the elder of the two in like degree is to bee preferred before the younger, and to enioy the right of his eldership, albeit that the younger bee descended [ K] from the more auntient auncestors: as was adiudged in the court of Paris, betwixt Vil∣liers, and Baynecourt, cosens germans, for the inheritance of Francis Bloqui, without any regard vnto the race of the elder auncestours, considering that they came vnto the suc∣cession of their chiefe ot head, and not by false supposall, or by the way of represen∣tation.

And yet is it not sufficient, that the next heires male of name succeed, but it is need∣full also, that the kingdome, how great soeuer it be, with all the soueraigne rights ther∣of, bee wholly giuen to one without partition: as Gensericus king of the Vandales

wisely appointed. For otherwise if a Monarchy be diuided, it is no more to be accoun∣ted [ A] a Monarchy, but rather a Poliarchy, or Monarchy diuided into many Monar∣chies. Which was not by the law Salique with vs (as some suppose) prouided for, or fooreseene. For we find that Aribert, brother to Dagobert the eldest sonne of Clotaire the second, was also king with his brother, one of them holding nothing of the other. Clodoueus also the eldest sonne of Dagobert, was king of Paris, and Sigebert his brother king of Metz. And after the death of Clodoueus his foure sonnes diuided the realme in∣to foure kingdomes: for Childebert was king of Paris, Clodoueus king of Orleans, Clo∣taire of Soissons, and Theodoric of Metz. But the rest being dead, all in fine came to Clotaire, whose eldest sonne Cherebert was king of Paris, Chilperic of Soissons, Gontran of Orleans, and Sigebert of Metz, all kings: which multitude of kings were scarece euer [ B] quiet from ciuill warres. For which it was wisely prouided by the successors of Hugh Capet, who ordained three kings of great consequence for the maintaining of this Mo∣narchy in the greatnesse thereof. First they excluded the bastards of the house of Fraunce, from all entrance vnto the kingdome, not allowing them so much as to be ac∣counted in the number of their naturall children: that so from thenceforth they might thinke of the begetting of lawfull children, their base borne children being now quite excluded from the crowne. Howbeit that it was permitted vnto the bastards of other princes of the blood, and of other noble houses, to be by their fathers auouched, and to beare the name, the armes, the stile and noble titles of their naturall fathers: prouiding also better, by taking away of the masters of the palace, whose power was now become [ C] dreadfull vnto the people, and daungerous vnto the kings. Secondarily they ordained all the soueraigne royall rights, to be wholly and entirely giuen to the eldest brother alone, and from thenceforth not to be communicated with the younger brethren, but to be all enforced to yeeld vnto their elder brother all obedience and fealtie. And lastly, that such lands as by the kings appointment were assigned vnto the kings sonnes, to be holden in fealtie, they dying without heires male, should againe freely returne vnto the crowne. And the kings sisters to haue their dowrie in money onely: that so not onely the rights of soueraigntie, but euen the crowne lands also, might so much as possible was be kept whole & entire vnto the eldest brother. And as for the bastards of France, [ D] we find them in former times to haue had their parts in the kingdome together with the kings other lawfull sonnes: as the bastard brother of Charles the Simple, had part in the kingdome, and so after the manner of our auncestors was called a king. True it is, that Theodoric the kings bastard was excluded, for that he was begot of a bondwo∣man, who yet neuerthelesse demaunded his part of the kingdome, vnto whome for all that aunswere was giuen, That he must first be made a free man.

And as for diuiding of a Monarchy, I haue said, that being diuided, it is no more a Monarchy, no more than a crowne or robe diuided into parts, is any more to bee ac∣connted a robe or a crowne: the inuiolat nature of vnitie being such, as that it can abide no partition. Neither find we the auntient kings of Persia, Aegypt, Parthia, or Assyria, [ E] at any time to haue diuided their most great and spatious kingdomes: neither yet any other kings to haue vsed any such partition of their realmes. Iosaphat king of the Iewes hauing six sonnes, left his kingdom whole and entire vnto his eldest sonne Ioram, assig∣ning vnto the rest certaine yearely annuities, or pensions. The first that opened this daungerous gap, was Aristodemus king of Lacedemonia, who yet diuided not his king∣dome vnto his two sonnes, Proculus and Euristhenes, but left the kingdome vndiuided vnto them both: and so thinking to haue made them both kings, tooke from them both all soueraigne authoritie and power. After whose example the kingdome of the Messenians, neere vnto the Lacedemonians, was by the father giuen vndiuided vnto

Leucippus and Amphareus, being brethren: the chiefe cause why those two kingdoms [ F] were chaunged into Aristocraties. And yet two inconueniences propounded, it is bet∣ter two kingdomes to be giuen vnto two kings, than one kingdome to be giuen to ma∣ny: as it hath sometimes happened, the father to haue diuided vnto his sonnes diuers kingdomes, before they were into one vnited: for so Iames king of Aragon appointed Peter his eldest sonne to be king of Aragon, and Iames his younger sonne to bee king of Maiorque: howbeit that afterward the elder brother tooke the yonger prisoner, and in prison starued him, whome much lesse he would haue endured to haue bene partner with him in the kingdome, and so vnited both the kingdomes into one. So it befell also the children of Boleslaus the second, king of Polonia, who hauing diuided the king∣dome vnto his foure sonnes, and leauing nothing vnto the fift, kindled such a fire of se∣dition, [ G] as could not afterward be quenched, but with much blood of the subiects. Yet this diuision of kingdomes is well to bee borne withall, when it is made by him which hath conquered them, who may giue his conquests got by his owne prowesse and va∣lour, vnto his yonger sonnes, as he seeth good, according to their age or deserts: leauing yet still vnto the eldest, the auntient kingdome or territorie: as did William the Con∣querour, who left the dukedome of Normandie, and the other countries which he had from his father, vnto his eldest sonne Robert Curteyse, who succeeded him not in the kingdome of England, for that he was not the sonne of a king (as saith the Norman hi∣storie) but left that kingdome which he had conquered vnto William Rufus, which hee had not as yet vnited vnto his other countries: leauing vnto Henrie his third sonne no∣thing [ H] but a yerely pension: and yet for all that Robert the eldest brother, desirous also to haue had the kingdome from Henry the third brother, who after the death of William Rufus his brother, had ceised thereon, in seeking too greedily thereafter, lost both the one and the other: and being taken by the third brother (who now carried away all) was by him cast in prison, and so depriued of his sight there miserably died. And albe∣it that this disposition of the Conquerours was right iust, as grounded both vppon rea∣son and authoritie, yet had it bene much more saftie, to haue left the whole kingdome, and all the soueraigne rights thereof vnto one alone: as was done amongst the chil∣dren of Charles Countie of Prouince, and of Philip Valois king of Fraunce, where the eldest had all: which is by farre the surest for the estate, without respect vnto the other [ I] legitimat children, which are not to haue place, where question is of soueraigntie, or of demaines vnited to a Monarchy. For if honourable fees be not to be diuided, by how much lesse can kingdomes themselues, and soueraigne rights so bee? As dukedomes, counties, and marquisats, yea and in many places baronies also, are not suffered to fall into partition: prouided yet that the yonger brethren bee in some sort recompensed: which recompensing is not in a Monarchy, which suffereth neither diuision nor esti∣mation to take place. But well of long time the vse hath bene, to giue certaine lands and fees for the maintainance of the younger brethren of the house of Fraunce: which haue bene again adiudged vnto the crowne, they which had them being dead without issue: as was decided for the inheritance of Robert earle of Cleremont brother to saint [ K] Lewes, vnto whome that inheritance was adiudged: his other brethren Charles and Al∣phonsus earle of Poitiers both excluded. The like iudgement being also giuen against Charles, concerning the succession into the inheritance of Alphonsus, dying also with∣out issue: Charles his brother enioying no part thereof, the inheritance by a decree of the Senat, being adiudged from him, and giuen vnto the crowne. For which cause the succeeding kings better aduised, and to the intent that the matter should bee no more doubted of, haue prouided, that in the letters patents concerning the lands and pensi∣ons giuen vnto their younger brethren, it should expresly be comprised, that they dying

without heires male, those lands vnto them so giuen should againe returne vnto the [ A] crowne: as was done in the graunt of the lands giuen to Lewes duke of Aniou, king Iohn his sonne. And albeit that Renate the yonger sonne of Lewes the third, duke of Aniou, succeeded his elder brother into the inheritance, yet was it rather by suffe∣rance, than for any right he had so to doe as heire male. For otherwise the earle of Ni∣uers after the death of Charles duke of Bourgundie (his nie kinsman dead without any heires male) might iustly haue claimed the dutchie, considering that in the letters pa∣tents of Philip the Hardy, the dukedome of Bourgundie was giuen vnto him and to his children, as well females as males, without any exception of sexe. Yet pretended the earle no right thereunto, but the duke being dead, king Lewes the eleuenth in his owne right claimed the dukedome of Bourgundie. True it is, that the French kings in that [ B] point sometime fauour the princes of the blood, suffering them to enioy the inheri∣tance of their kinsmen, dying without heires male. So Philip of Valois obtaining the kingdome, resigned the earledome of Valois vnto his younger brother Charls. And Charles the sixt the French king being dead, Charles of Angoulesme succeeded vn∣to the dutchie of Orleans, and yet his sonnes sonne Iohn of Angoulesme succeeded not vnto the said dutchy of Orleans, Lewes the twelft hauing got the kingdome, annexing the same dukedome vnto the crowne. For they are deceiued which write Peter of Bur∣bon, lord of Beauieu, to haue succeeded his brother Iohn into the lands which hee had receiued from the kings his auncestors, by lawfull right rather than by the graunt and fauour of king Lewes the eleuenth, whose sister Anne the said Peter had maried, whom [ C] he most entirely loued. And so Lewes the twelft was content also, that Susan of Burbon the onely daughter of Peter of Burbon, marrying Charles of Burbon, should hold such lands, long before giuen to the crowne: but the said Susan beeing dead without issue, those lands were forthwith ceized vpon, and againe annexed vnto the crowne, namely the counties of Auergne, and Clermont, and the dukedome of Burbon, howbeit that it was not in the letters patents comprised: which thing is thought especially to haue mo∣ued Charles of Burbon to haue entred into rebellion against the king. So also we find, that after the death of Iohn the third, duke of Alanson, the dutchy of Alanson was at the motion of the kings Attourney generall ceized vpon for the king; howbeit that the duke had left two daughters his heires, vnto whome were reserued onely the lands by [ D] their father purchased. All which was done to the intent so much as was possible, to keepe the kingdome vndiuided, and so to come whole and entire vnto the kings, and not rent and torne, with the parts thereof as the limmes pluckt away: as it hath also bene wisely foreseene, and prouided for, in the dutchies of Sauoy, Milan, Loraine, Man∣tua, and Cleue, which indiuisibly belong vnto the next of kin. And albeit that the Ger∣man princes do equally diuide all the fees of the empire, excepting the princes electors, yet is that contrarie vnto the custome and manner of their auncestours (who as Taci∣tus writeth) gaue all their lands and inheritances vnto the eldest, and their mouables & money onely vnto the rest. And so we read Abraham the Patriarch to haue done, gi∣uing his whole inheritance vnto his eldest sonne, and money vnto the rest, whome hee [ E] sent from him whilest he himselfe yet liued.

But haply here some man may say, it to be expedient if the Monarchie be great, as were those of the Persians, the Romans, the Frenchmen, and the Spaniards; and that the prince or monarch haue many children, or that there be many competitors, that then the surest way is to diuide it: so as did Augustus, Marcus Antonius, Sextus Pom∣peius, who by lot diuided the Roman empire, and so of one great Monarchie made three. And this expediencie should seeme vnto me good, if that princes after that they had bounded out their frontiers, could bound out also their desires. But there are no

mountaines so high, no riuers so broad, nor seas so deepe, that were euer yet able to stay [ F] the course of their ambitious and insatiable desires: as these three great men of whom I but euen now spoke, by proofe shewed: not onely the island of Sicilia (although it were but a most strait prouince) but euen the ayre which we breath, together with life it selfe, being taken from Sextus Pompeius, the bonds of confederacie being in short time broken amongst the consederats. Neither could Antonius endure the gouernment of Augustus, neither Augustus the gouernment of Anthonie, although he were a great way off from him▪ So that one of the three being before slaine, the other two could neuer be at quiet, vntill they had one of them quite ruinated the other. And if at any time it haue happened, some of the emperours of the East, and of the West, in so great an empire to haue liued in peace, it was not long, but almost a miracle, neither such as [ G] to be drawne into examples for vs to imitate: whereas to the contrarie for one example of them, which haue in vnitie and concord gouerned together, there are to be found an hundred which haue massacred one another. Whereof there is no more notable ex∣ample, than the mightie Othoman familie, wherein many most horrible murders haue bene for the empire committed, the parents not sparing their owne children, neither the children their parents: insomuch that within this two hundred yeares past, they haue not ceased still to kill one another, vntill there be but one of them left aliue. And in the little isle of Gerbe, six kings haue in lesse time than fifteene yeares beene slaine one of them by another, being not able to endure a companion or partaker one of them with another in the soueraigntie. And albeit that Galeace the second, and Barnabas, two most [ H] louing brethren, brought vp euen from their cradles together, hauing oftentimes endu∣red like daungers; being both banished, and both at one and the selfe same time called home againe, and both two established lieutenants of the empire, and alwayes compa∣nions in armes together; had equally diuided the principalitie of Milan betwixt them, which they so held and defended, as that it seemed a thing impossible to seperat them a funder: yet at length Galeace onely for the ambitious desire of soueraigntie, most cru∣elly slue his said brother, together with all his children. So Abimelech the bastard slue threescore and nine of his brethren, that he might all alone raigne. And Berdeboc king of Tartarie with like slaughter, and for like cause, slue his twelue brethren. Sephadin also caused the ten sonnes of his brother Saladin to be all murthered, that he might himselfe [ I] alone raigne in Aegypt. The successors of Alexander also most part of them slue one another, not sparing either their parents, or children. For as for one brother to kill ano∣ther, it was so common a matter (as Plutarch writeth) as that it seemed almost a mira∣cle vnto the ambassadour of Ptolomey, that Demetrius standing on the right hand of Antigonus his father, with a boare speare in his hand, could abstaine from killing of his father. But yet greater was the crueltie of king Deiotarus, who at one time slew twelue of his sonnes, for no other cause, but so the better to assure his kingdome vnto the thir∣teenth, whome he best loued▪ For alwayes amongst equals, the ambitious desires they haue to be one of them greater than another, still armeth them one against another: Wheras in a Monarchy, where there is but one soueraigne, and vnto whom the prin∣ces [ K] of the blood are all subiect, being prouided of yearely pensions, or lands giuen them for their maintenance; it is certaine, that to haue alwaies some farther fauour from their soueraigne, they will still yeeld them more obeysance. And therefore our kings which haue bene better aduised, haue not giuen vnto their brethren, or the princes of the blood, the places of lieutenants generall of their armies, either of the high constable: but rather vnto some other of the meaner nobilitie, such as were Bertrand, Gueschlin, Oliuer Clisson, Simon earle of Montfort, with others of like qualitie, men of great ser∣uice, and vnder whome the princes of the blood might march; and yet neuerthelesse

without all hope of aspiring to the soueraigntie. So as did the auntient Romans, and [ A] namely Augustus, who amongst other the secrets of his gouernment, had this for one, Not to giue the place of a Generall, or of a Gouernour of the frontiers, and especially of Aegypt, vnto any the noble Senators of auntient houses, but onely vnto men of meaner estate. And albeit that the kings of the Northerne parts haue as it were alwaies called the princes of their blood vnto their councell; yet so it is, that other Monarches keepe them backe so much as they can: whether it be for the distrust they haue in them, or to keepe their councell in such libertie, as that it may not be diminished by the great∣nesse of the princes of the blood: or that it is to take away the ambition and iealousie which is ineuitable amongst princes of the same blood, if the king shall chance to fauor one of them more than another. And although there be many princes neere vnto the [ B] Othoman blood, as namely the Michaloglies, the Ebranes, the Turacanes; yet are they ne∣uer of the priuie councel, either yet admitted to any great place of honor, or command. And in the Monarchy of the Aethiopians (which is one of the greatest, and most aunti∣entest in the world) there is no prince of the blood, which commeth neere the court, but are all trained vp in all honour and vertue, within a most strong castle, built vppon the mountaine Anga (one of the highest in all Affrike) kept with a perpetuall & strong garrison: from whence at such time as the king dieth, he which excelleth the rest in ver∣tue, is from the mountaine called vnto the kingdome. Which (as they say) was first ordained by one Abraham king of Aethiopia, by diuine reuelation, to auoid the factions [ C] and ciuill warres of princes among themselues; as also the massacres which oft times happen in other kingdomes, about the soueraigntie; as also to haue alwaies princes of the blood roiall, whome they call The Children of Israel (assuredly supposing them to be of the blood of the Hebrewes: beside that, the Aethiopian language taketh much of the Hebrew) to the intent the estate should not fall into combustion, the kings line fayling: or els for that the princes of the blood should not at libertie seeke to aduance themselues by force: or being aduanced, should not seeke to inuade the estate. For a man may hold it for a maxime, That in euery Commonweale, if too much power be giuen vnto a prince or great lord of the blood, it is alwayes to be feared, least he should at one time or other ceize vpon the estate; seeing that euen the basest companions [ D] mounted vnto hie degree, are not without cause to be feared. So Sultan Solyman made Abraham Bassa of a slaue so great, by heaping honors vpon honours vpon him, as that in fine fearing his power, he was glad to cause his throat to be cut as hee was sleeping, and afterwards found him be worth thirtie millions of gold. But this is more to bee feared in a little kingdome or estate, than in a great: for that the subiects coupt vp as it were all in one place, are the more easily kept vnder by the power of the stronger. So when Iames Appian prince of Sienna, too much fauouring Peter Gambecourt, a man of base degree, had made him too great in honour and wealth, he was by him (before he was aware) thrust out of his estate. The like pranke Calippus serued Dion; Brutus, Cae∣sar; Macrin, Caracalla; Maximinus, the emperour Alexander; Philip, the yong Gor∣dianus: [ E] and an infinit number of others, who exalted from most base degree, haue dri∣uen out their maisters by whome they grew, and so made themselues lords. Who would haue thought that Agathocles a Potters sonne, of a common souldior chosen a Generall, durst haue slaine all the nobilitie and richer sort of the citisens of Syracusa, & made himselfe a king? Now if such a base companion as he durst doe so much, how much more warily is it then to be foreseene, that too great a commaund or power bee not giuen vnto princes or great men, either at home, or in seruice abroad? And this is it for which many haue holden, that by law the poynts reserued vnto the maiestie of a soueraigne prince, are neuer to bee communicated vnto a subiect, no not so much as

by commission, to the intent that no gap by any way be opened for the subiect to en∣ter [ F] by into the soueraigne estate of his prince.

We haue said also, that a Monarchy ought to descend vnto the heires male, consi∣dering that the rule and gouernment of women, is directly against the law of nature, which hath giuen vnto men wisedome, strength, courage, and power▪ to commaund; and taken the same from women. Yea the law of God hath expresly ordained, That the woman should be subiect vnto the man, and that not onely in the gouernment of kingdomes and empires, but also in euery particular mans house & familie: he threat∣ning of his enemies, To giue them women to be mistresses ouer them; as of all mise∣ries and calamities the worst. Yea and the law it selfe forbiddeth women all charges and offices proper vnto men; as to iudge, to sue, and other such like things: and that not [ G] onely for lacke of wisedome (as saith Martian, when as amongst all the goddesses one∣ly Pallas had no mother, but was borne of Iupiters braine, to shew that wisdom procee∣ded not from women) but also for that mens actions are contrarie vnto their sexe, and to feminine modestie and chastitie. Neither was there any thing which more incen∣sed the Senat of Rome, against the emperour Heliogabalus, than to see his mother to come into the Senat, though she came but only to see, & not to say any thing. Which was also thought a right strange thing to our auncestors, that Maud, grandmother to Philip the Long, should be assistant vnto Robert Contie of Artoise, and Margret Coun∣tie of Flanders, at the iudgement of the Countie of Clairmont. Now if it be an ab∣surd and rediculous thing, for women to busie themselues in mens publike actions and [ H] affaires, belonging properly vnto men: much more vnseemely is it, those things which belong vnto soueraigntie, to lie open vnto womens pleasure. For first the woman vn∣to whome the soueraigntie is deuolued, of these two things must doe one; either shee must marrie, or else continue vnmarried, and so her selfe rule. If shee shall marrie, yet is it stil a Gynecocratie, or womans gouernment; for that the marriage is made with that condition, That the soueraigntie is still with the woman, and not with the husband: as was expresly excepted at such time as Isabella queene of Castile marde Ferdinand king of Arrogon: and in our time, betwixt Mary queene of England, and Philip prince of Spaine, whome they called the queenes husband. And in like case in the matrimoniall contracts betwixt Sigismund archduke of Austria (who was afterward emperour) and [ I] Mary queene of Hungarie, whome the subiects in scorne called King Marie. In which case the husband is chiefe of his familie, and maister of his domesticall houshold; and yet for all that in publike affaires remaineth subiect vnto his wife. For why, the publike power (as saith the law) is neuer bound vnto the domesticall power. And for this cause the Consull Fabius caused his father (the great Fabius) to alight from his horse to doe him honour, as to the Consull in publike: who yet for all that by vertue of his fatherly power, might without giuing cause or reason why, haue put him to death at home in his owne house. But if the queene shall remaine vnmarried (which is the most true wo∣mans soueraigntie) the Commonweale must needs so be in great daunger: For that the people being of a great and couragious spirit, will deeme a womans gouernment [ K] but ignominious, and not long to be endured; some both by their speaking & writing, scoffing and deriding their sexe, othersome their womanly wantonnesse, and others their womannish intollerablenesse: whereas nothing is more daungerous vnto an estate, than to haue them which beare the soueraigntie contemned and derided of their subiects, of the maintenance of whose maiestie, dependeth the preseruation both of the lawes, and of the estate, which should bee troden vnder foot for the womans sake, against whome there shall neuer want mockings, reproaches, slaunderous libels, and so in fine rebellions & ciuill war, especially if she (impatient of such vnworthy reproach)

shall seeke to bee thereof reuenged, which can hardly without ciuill tumult bee done. [ A] But if she shall chance to beare but the least extraordinarie fauor to any one of her sub∣iects, beside the enuie which he is to endure, to whome such fauour is showne, men will still on her part misconster the same. For if the wisest, and most chast haue euen in that respect had much adoe to keepe themselues from false reports, much lesse can a soue∣raigne princesse couer her fauours; no more than can a light firebrand set vpon an high watch tower: which may serue for cause enough to kindle the fire of iealousie among the subiects, and to arme them one of them against another▪ Besides that, it is almost naturall vnto women, to take pleasure & delight in the number and quarrels of their su∣ters. But if the subiects be so minded, as by force or otherwise to suffer in the soueraigne estate a womans gouernment, then is it not to be doubted, but that euerie one of the [ B] subiects shall be constrained to endure the like in their owne priuat houses also. For it is a rule in policie, that whatsoeuer thing is found good, and sufferable in publike, the same is to be drawne into consequence and example in particular. Which was the cause the Persian princes preferred a request vnto Darius Memnon (whome the holy Scripture calleth Assuerus) That the disobedience of the queene Vasthi his wife, should not remaine vnpunished, least her pride should giue occasion vnto the other subiects wiues to he disobedient vnto their husbands. For as the familie is out of order, where the woman commaundeth ouer the husband, considering that the head of the familie hath lost his dignitie to become a slaue: euen so a Commonweale (to speake proper∣ly) looseth the name, where a woman holdeth the soueraigntie, how wise soeuer shee [ C] be; but so much the more if she be vniust withall, and not able to rule her owne immo∣derat lusts and desires. I suppose there is none which knoweth not what tragedies Ione queene of Naples (who of her vnchastitie was called Lupa, or a shee wolfe) stirred vp of her selfe, who most cruelly murthered three kings her husbands, and was therefore her selfe also strangled, as she well deserued. I speake not of the horrible and brutish lusts of Semyramis, the first that by a straunge meanes set foot into the Assyrian Monar∣chy. For hauing obtained of the king, to haue the soueraigne commaund but for one day, she the same day commaunded the king himselfe to be slaine. What should I say of Athalia queene of Iuda, who seeing her husband slaine, put to death all the princes [ D] of the blood (excepting one which escaped) and so by force held the soueraigntie, vntil that she was at last by the people her selfe also murthered. With like wickednesse also Cleopatra flue her brother, that so she might alone enioy the kingdom of Aegypt. There was also one Zenobia, who stiled her selfe an empresse (together with the thirtie▪ vsur∣ping tyrants) and was by the emperour Aurelian ouercome. And in like case did Hi∣rene empresse of Constantinople, coupt vp at last into a monasterie her selfe. In briefe I find no people to haue liked of the soueraigntie of womans gouernment: howbeit that many haue endured the same: as did the Neapolitans the gouernment of Con∣stance, last of the race of the Norman kings, that raigned in Naples. And after that of Ioland the daughter of Iohn Brenne, married to the emperor Frederike the second, who [ E] gaue that kingdome to Manfred his base sonne, whose daughter Constance marrying into the house of Aragon, kindled the fire of the warres which continued two hundred yeares, betwixt the houses of Aniou and Aragon; and could neuer bee quenched but with the great effusion of the blood of many most valiant and worthy men; and all for hauing▪ giuen an entrance vnto a daughter into the succession of the kingdome of Naples. But when the colledge of cardinals saw the Christian Common∣weale, and especially Italie, to haue endured so many and so great slaughters, in so long and such mortall warres, and all for distaffe soueraigntie; it was by them decreed, That from that time forward, the kingdome of Naples should no more descend vnto wo∣men;

as in the inuestitute made to Alphonsus king of Arragon, in the yeare 1455, and [ F] afterward to Ferdinand king of Arragon, in the yeare 1458, it is expresly set downe, That the daughters should not succeed vnto the kingdome of Naples, so long as there were any heires male, either in the direct or collaterall line, euen vnto the fift degree. But that gap for the succession of daughters being opened in Italie, was afterwards also put in practise in the kingdomes of Hungarie, and of Polonia, which fell to Marie and Hedwige, the daughters and heires of Lewes king of Hungarie, and of Polonia; which had neuer before bene seene. At which selfe same time almost, Mary Volmar (contrary vnto the lawes and auntient customes of the countries) succeeded into the kingdomes of Norway, Sweden, and Denmarke. The like example was after also followed in the kingdome of Castile, whereinto Isabel of Castile succeeded her father, hauing gained [ G] the fauour of the nobilitie: who albeit that shee was one of the wisest princesses that euer were, yet did the estates of the countrey thereof complaine, and the people thereat grudge, complayning themselues, Neuer before to haue endured a womans gouern∣ment. And whereas she alleaged Socina the daughter of Alphonsus, to haue before in like manner brought the kingdome of Castile vnto Sillon her husband: aunswere was thereunto made by the subiects, That to haue bene done rather by force, than by any right; and that from that time the estates of Castile had protested, That it was contrary vnto the lawes of the country. Which hasted the marriage betwixt Ferdinand and the said Isabella, so to keepe the people vnder. And albeit that Henry king of Castile, had by his last will and testament at the time of his death declared, That the kingdome of [ H] Castile after him belonged vnto Lewes the ninth the French king▪ in the right of his mother Blaunch of Castile; and that the barons of Castile had writ vnto the said French king, that he should come to take possession of the kingdome: yet so it was, that hee ne∣uer durst vndertake to lay claime vnto the same, howbeit that he had the consent of the nobilitie of the kingdome by letters vnder their hands and seales, which are yet to bee seene in the records of Fraunce. Now by the same craft that Isabel had wrested vnto her selfe the kingdome of Castile, did Ferdinand the sonne of Leonore also gaine the kingdome of Arragon: as did also after him the earle of Barcelone, hauing married Petronella the daughter of the king of Arragon. Which happened also in the king∣dome of Nauarre, whereunto Henry the Large, earle of Champaigne succeeded in the [ I] right of his wife, the king of Nauarres daughter: whose daughter and heire Ioane, mar∣ried vnto Philip the Faire the French king, brought vnto him the carledome of Cham∣paigne, with the kingdome of Nauarre: but the heires male of Philip the Faire fai∣ling, that kingdome of Nauarre in the right of three women fell vnto the hou∣ses of Eureux, of Foix, of Albert, and of Vendosme: so that this kingdome in lesse than foure hundred yeares, was transported into six strange houses, and vnto seuen straunge princes, the queenes husbands. But yet by the way it is worth the noting, foure women all of one name to haue opened the way vnto womens soueraigntie, in the kingdomes of Hungatie, of Norway, of Sweden, of Denmarke, of England, and Scotland. True it is, that Maud daughter to Henry the first, king of England, before brought the king∣dome [ K] of England vnto the house of Aniou in Fraunce: but that was after the death of Stephen earle of Bolloine nephew o Henry, in the right of his sister Adela; in such sort, as that a cosin descended of a daughter was preferred before the kings own daugh∣ter: which daughters sonne yet succeeded king Stephen, in such sort as that no womans gouernment seemed at all to haue bene. For which reason Edward the the third, king of England, vpon the difference which he had for the crowne of Fraunce, alleaged the kingdome of Fraunce by the right meaning of the law Salique, to belong vnto him: saying, That law to stand in force and take place, when the next heire male descended

of the daughter (as was he frō Isabel sister to Charls the Faire) was preferred before him, [ A] who was descended of the heirs male farther off. Which exposition for all that was re∣iected by the councell of France, as neuer to take place, but when heirs male of the same name and stocke, in what line and degree soeuer it were vtterly failed: & that the king∣dome were in daunger to fall into election. And so albeit that the emperour Charles the fift marrying of his sister vnto Christiern king of Denmarke, and caused this clause to be inserted into the matrimoniall contracts: That the males fayling, the eldest daughter issuing of that marriage, should succeed vnto the kingdome: yet so it was neuerthelesse, that the estates of that countrey had thereof no regard, for that the kingdome went by election: yea so farre off was it, that such the kings priuat agreement could take from the nobilitie of Denmarke, the power to chuse their kings: or yet neuer any one of the [ B] same kings three daughters to raigne ouer them: as that the said king himselfe was by the estates thrust out of his kingdome banished, and so afterwards also miserably died in prison. The Polonians also after the death of Sigismundus Augustus, excluded not on∣ly the kings sister, but euen his nephew the king of Sweden his sonne also, who gaue a million of gold vnto the Commonweale, to haue his sonne afterward chosen: how be∣it that their predecessours had before receiued Hedwig the daughter of Lewes: and that when as there was no heire male, neither in the direct nor collaterall line of the house of Iagellon, they neuerthelesse made choyce of Henrie of Fraunce.

Now if the princesse the inheritrix shall marrie (which is necessarie, so to haue an [ C] assured successour) her husband must either be a straunger, or a subiect: if a straunger, hee will instruct the people in straunge lawes, in straunge religion, in straunge man∣ners and fashions: yea and giue the honourable places and commaunds vnto straun∣gers also. But as for a subiect, the princesse would thinke her selfe much dishonoured, to marrie her seruant, seeing that soueraigne princes still make great difficultie to mar∣rie a subiect. Ioyne hereunto also the iealousie that is to be feared, if shee shall marrie him whome she best loueth, reiecting the more noble and greater lords, who alwaies contemne them which are of base degree.

And not to speake of many difficulties which fell out about these matters, euen the verie same, yea and greater too, presented themselues at the treatie of the marriage [ D] agreed vpon betwixt Philip prince of Castile, and Mary queene of England: wherein the first article contained, That no straunger being not a naturall English man borne, should bee preferred to any office, benefice, or charge whatsoeuer. And in the fourth article it was set downe, That Philip prince of Castile should not carrie the queene his wife against her will out of the realme of England, neither the children begot betwixt them two: the which articles were confirmed by the estates of the land, the second of Aprill, in the yeare one thousand fiue hundred fiftie three, where beside that which I haue said, it was also more solemnly prouided, That the queene alone and of her selfe should enioy all the royalties, and soueraigne rights of the said realms, lands, countries, and subiects, absolutely; without that her husband should by the courtesie of England [ E] pretend any thing vnto the crowne and soueraigntie of the realme, or other right what∣soeuer: and that the letters and mandates should be of none effect, if they were not sig∣ned by the queene, whatsoeuer signe or consent they had of her husband: and yet without which the consent of the queene should suffice. I haue also learned by the let∣ters of Nouaile ambassadour of Fraunce, who then was in England, that it was also decreed, That no Spaniard should haue the keeping of any fortresses or strong holds belonging vnto the Crowne of England, either on this side, or beyond the sea: neither that the Englishmen should by the Spaniards be constrained to goe vnto the wars out of the realme.

And albeit that a most gallant & mightie prince flourishing with kingdoms, wealth, [ F] youth, and friends, had married an old woman (for why, he seemed not to haue marri∣ed a wife) and such an one as by whome he was not to hope for any issue, yet could not the Englishmen patiently endure the Spaniards to set any foot into England, with whome for all that they had neuer before had any hostilitie, but had alwayes bene great friends. Yea the emperour Charles the fift on the other side wisely foreseeing all things, and fearing least some treason might be wrought against the prince his onely sonne, whome alone he had begot vnto the hope of so great an empire, required to haue fiftie young noble English gentlemen deliuered vnto him to be kept as hostages, so long as his sonne Philip was in England: howbeit that as such distrust drew after it the hatred of the English nation, so was also that article taken away, and nothing thereof obtai∣ned. [ G] But the marriage made, shortly after aboue 18 hundred English men, for religions sake went out of their countrey, into voluntarie exile and banishment. And yet beside all this, the fame was, how that the English men had conspired at one and the very selfe same instant, to haue slaine all the Spaniards: for that (as the report went) they vnder the colour of a marriage, and of religion, went about to aspire vnto the soueraigntie of England. Neither was it to haue bene doubted, but that the conspiracie of the English men had sorted to effect, or els that the Spaniards had effected their designes, and so taken vnto themselues the soueraigntie, had not the death of the queene (very profita∣ble for the kingdome) giuen an end vnto the designes both of the one and of the others. [ H]

For neuer strange prince can be assured of his life, commaunding in a strange coun∣trey, if he haue not strong guards, for the assurance of his person, and sure garrisons for the keeping of his castles and strong holds. For being maister of the forts, hee must needs be also maister of the estate: for the more assurance whereof hee must alwayes aduance straungers; a thing intollerable to euery nation in the world. Whereof wee haue a million of examples, out of which we will remember but one of our own: what time king William raigned in Sicilie, in the yeare 1168, the people of the kingdome of Naples were so incensed to see a French man promoted to the honour of the Chaun∣cellourship amongst them, as that they conspired at once to kill all the Frenchmen that then were in the kingdomes of Naples and Sicilie, as indeed they did. But if the do∣mesticall [ I] seruant of a straunge prince, shall chaunce to kill a naturall subiect in a strange countrey, or passe himselfe in any insolence, dannger by and by hangeth ouer all the straungers heads, the least quarrell that may be seruing to cut the strangers throats, if they be not all the stronger. As it happened in Polonia during the raigne of the daugh∣ter of Cazimire the Great, king of Polonia, and wife to Lewes king of Hungarie, chosen also king of Polonia, to the great contentment of all the estates of that realme: and yet neuerthelesse for one Polonian slaine by an Hungarian gentleman, all the people of Cracouia ranne vpon the Hungarians, and in that hurle slue them all, except such as by chaunce saued themselues in the castle, who yet were there besieged together with the queene: neither was there any meanes to appease the peoples rage, but that the [ K] queene the inheritrixe and mistresse of Polonia, must with all the Hungarians her fol∣lowers void the realme. But yet greater butcherie was there made of them of Austria, in Hungarie, when Mary the eldest daughter of Lewes king of Hungarie, had married Sigismund archduke of Austria, who going about to take vpon him the gouernment, was by his wiues mother (a most ambitious woman) driuen out of the kingdom: who not able to endure to see him raigne▪, to be sure to shut him quite out, was about by her ambassadours to haue called in Charles the French king, and so to haue put the king∣dome into the power of the French. Which the Hungarians perceiuing, sent for

Charles the king of Naples, and vncle to Mary, Sigismund his wife, to take vppon him [ A] the gouernment of the kingdome of Hungarie: who was no sooner come, but that he was by the practise and commaund of the cruell queene Mother (whome hee least fea∣red) slaine: which murder was with like crueltie also reuenged, shee her selfe being by like treason by the gouernour of Croatia slaine, and her bodie throwne into the riuer. After whose death Sigismund returning with a strong armie, put himselfe in full posses∣sion of the kingdome, wherof he now disposed at his pleasure, and filled all places with the slaughter of them which were of the faction against him. But let vs come to our owne domesticall examples, and vnto those wounds which but lately receeiued, bleed with the least touching, neither can but with most bitter griefe be felt. Frances duke of Alanson being sent for, came to take vpon him the gouernment of the Low coun∣tries, [ B] where he was with great ioy and triumph receiued: but hauing no strong garri∣sons, no strong castles, nor cities to trust vnto, neither could by my intreatie (who fore∣saw what would afterwards happen) be persuaded so to haue; receiued such a slaughter and disgrace, as I cannot without much griefe remember the same. And to go farther, we haue examples of the Scots yet fresh in memorie, who for the space of seuen hun∣dred yeares, had with the straitest alliance that might be, bene allied vnto the house of Fraunce, and from thence receiued all the fauors that it was possible for them to hope for: yet when Mary queene of Scots had married Frances the Dalphin of France, and that the Frenchmen went about to dominier ouer the Scots, they forthwith chose ra∣ther [ C] to cast themselues into the lap of the English, and so to put themselues into the protection of them with whome they had not before so well agreed, than to endure to see the Frenchmen to commaund in their countrey: neither ceased they vntill that by the helpe and power of the English, they had driuen the Frenchmen againe quite out of Scotland. Neither are strange princes to hope, by reason to rule the desires of so∣ueraigne princesses their wiues: from whom if they will seeke to be diuorsed, they must also banish themselues. For what prince euer bare himselfe more modestly, than did the wise emperour Marcus Aurelius? And yet when he with too much patience bare with the wantonnesse of his wife Faustine (as some of his friends thought) who for her too dissolute life ▪would haue persuaded him to haue bene diuorced from her; Then must [ D] we (said he) againe vnto her restore her dowrie: which was euen the Roman empire, howbeit that he had the empire in the right of himselfe also, by the adoption of Anto∣ninus Pius the father of Faustine.

And yet there is another daunger also, if the princesse heire vnto a soueraigne estate be disposed to marry a straunger; which is, that the neighbour princes and people also, as wooers, enter into diuers iealous conceits one of them against another: & so striuing for another bodies kingdome, oftentimes turne the queene from marrying at all. Yea sometimes also seeking euen by force of armes to haue her: as did the wooers of Venda queene of Russia, who hauing long •…•…ought who should haue her, the victor thought at last by force to haue obtained that which he by long sute and entreatie could not gaine: [ E] howbeit that she seeing no other remedie, but to fall into his hands, for despight drow∣ned her selfe, chusing rather to loose her life, than by force to loose her chastitie. Nei∣ther are queenes marriages so easily made as are kings: for why, kings are oftentimes deceiued with painted tables, and counterfeits, marrying them by their deputies whom they neuer saw: whereas queenes will most commonly see the men themselues aliue, talke with them, and make good proofe of them: yea and oftentimes refuse them also after that they haue seene them. For neither would Isabel queene of Castile, marrie Ferdinand before she had seene him: neither could Elisabeth queene of England be by any man persuaded to promise marriage vnto any man, but vnto himselfe present. And

so it was aunswered vnto Henry king of Sweden, seeking the long ambassage of Iohn his [ F] brother, who now raigneth, to haue married her: aunswer (I say) was made, That of al the princes in the world, there was none vnto whome (next vnto almightie God) shee was more in kindnesse beholden, than vnto the king of Sweden, for that hee alone had requested to haue had her for his wife, whilest she was yet a prisoner, and so out of pri∣son to haue brought her vnto a kingdome: neuerthelesse to haue so resolued and set downe with her selfe, neuer to marry any man whom she had not before seene. Which aunswere made also vnto the archduke of Austria, suing vnto her for marriage, in part brake off the hope which both of them had conceiued of marriage, both of them fea∣ring in presence to suffer the disgrace of a deniall; and especially he, least he should be enforced with shame to returne home. As afterwards it happened vnto Francis duke [ G] of Alanson, seeking to haue aspired vnto the same marriage, who although hee had twice passed ouer into England, and thought the queene by long and honourable am∣bassages, as it were affianced vnto him, yet returned hee, fed vp but with a vaine hope, and the matter left vndone.

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

All these absurdities and inconueniences follow womens soueraigntie in gouern∣ment, [ K] which thereof tooke beginning: for that they which had no male children, had rather their daughters should succeed in their lands and fee, than such as were not of their stocke and house, and especially the heires male failing, both in the direct & col∣laterall line: after which point so by them gained, they began to succeed also vnto lands and fees in the right line, and were preferred before the males in the collateral line: which manner of inheriting was by little and little permitted to be vnderstnod, and ex∣tended also vnto Honours, Dignities, Counties, Marquisats, Dutchies, Principalities, yea and at last euen vnto Kingdomes. Howbeit that by the lawes of Fees, women

were excluded from all succession in fee, although there were no heires male either in [ A] the direct or collaterall line, except it were so expresly set downe in the inuestiture of the fee. But the law Salique cutteth the matter short, and expresly forbiddeth, That the woman should by any meanes succeed into any fee, of what nature or condition soeuer it were: which is no late, new, or fained law, as many suppose, but written and enrolled in the most auntient lawes of the Saliens, the words of which law are these, De terra ve∣ro Salica nullo portio haereditatis mulieri veniat: sed ad virilem sexum tota terrae haeredi∣tas perueniat: In English thus▪ But of the land Salique no portion of the inheritance shall come vnto a woman: but all the inheritance of that land shall come vnto the male sexe. And so also in the edict or decree of Childebert king of Fraunce, is euen the very same comprehended which is in the lawes Salique, where the nephewes being in direct [ B] line, by way of representation together called vnto the succession of their grandfa∣ther, the women are still excluded. And yet if there had bene no law Salique, at such time as contention was for the kingdome of Fraunce, betwixt Philip earle of Va∣lois, and king Edward of England: Philip alleaging for himselfe the law Salique, accor∣ding to the law Voconia; and Edward defending his cause and right by the antient Ro∣man lawes, concerning inheritance: a decree was made by the generall consent of all the Senators and princes of Fraunce, Ne quis in ea disceptatione peregrinarum legum au∣ctoritate vteretur: sed legem quisque Salicam pro suo iure interpretari studeret, viz. That no man in that controuersie should vse the authoritie of forraine lawes; but that euery man according to his right should interpret the law Salique. And why so if there had [ C] bene no Salique law at all? And howbeit that after the death of Lewes Hutin the king of Fraunce, the duke of Burgundie called Iane the daughter of Hutin, vnto the successi∣on of her fathers crowne and kingdome: yet was it by the generall consent of all the estates assembled in parliament at Paris, resolued to the contrarie, As that daughters should not succeed vnto the crowne: & so the opinion of the duke was reiected. About which time, or a little before, Baldus called the law Salique, or the custome for the males onely to succeed vnto the crowne, Ius gentium Gallo•…•…, The law of the French nati∣on. Neither is it long agoe, since that in a suit in the parliament of Burdeaux, betwixt certaine gentlemen about the right of their gentrie; a will was brought out, written in [ D] most auntient letters, wherein the testator diuided vnto his sonnes his Salique land; which the judges interpreted to be his prediall fees, or reuenewes in land. Which was alwayes in Germanie obserued also, vntill that the emperour Frederike the second gaue this priuilege as a singular benefit vnto the house of Austria, That the line of the males failing, the daughters or females might succeed. Which thing the emperour could not doe, without the expresse will and consent of the estates of the empire. For which cause Othocarus king of Bohemia, being also of the house of Austria, without regard of Frederikes graunt, by right of kindred claimed the dukedome of Austria, and leuied a strong army against Rodolph, who by vertue of Frederikes graunt, claimed the duke∣dome as belonging vnto himselfe. Which priuilege for women so to succeed, was af∣terwards extended vnto the princes of the house of Bauiere also. Yet was there neuer [ E] people so effeminat, or cowardly, as vnder the colour of succession in fee, to endure that women should step into the soueraigntie: and yet lesse in Asia, and in Affrike, than in Europe. Howbeit that with whatsoeuer madnesse other princes and people haue bene astonied, which haue endured womens soueraigntie, yet haue the Frenchmen (God be thanked) by the benefit of the law Salique, alwayes hitherto preserued them∣selues from this disgrace. For why, this Salique law which M. Cirier Councellour of the parliament, said to haue bene made with a great quantitie of the salt of wisdome, was not onely alleaged and put in practise, in the raigne of Philip Valois, and of Charls

the Faire, against whome the daughters pretended no claime vnto the kingdome: but [ F] also in the time of Clotha•…•…re, Sigebert, and Childebert, who were all preferred before the kings their predecessours daughters, who neuer laid claime vnto the crowne. And that is it for which Baldus the notable lawyer, speaking of the house of Burbon, holdeth, That the male of the •…•…ame blood and name, beeing a thousand degrees off, should sooner succeed vnto the crowne and kingdome of Fraunce, than any woman much neerer. Which is not onely to take place in kingdomes, but euen in dukedoms and other principalities also, which haue the marks and rights of soueraigntie belong∣ing vnto them. Which lawes also we see all people, excepting some few, to haue al∣wayes before embraced. And so the princes of Sauoy, by the authoritie of this Salique law, haue alwayes excluded the women from the gouernment: for so wee read Con∣stance [ G] the daughter of the duke of Sauoy, to haue by Peter of Sauoy her vncle bene excluded from the gouernment: and that euen by the sentence and doome of the jud∣ges and arbitrators, chosen for the deciding of the matter in the yeare one thousand two hundred fiftie six. Yet doubt I not but that many are afraid of womens soueraign∣tie, who yet indeed doubt not to shew themselues most obedient vnto womens lusts. But it is no matter (as old Cato was woont to say) whether that the soueraigntie it selfe be giuen to women, or that the emperours and kings bee themselues obedient vnto womens pleasures and commands.

Seeing then it appeareth plainely enough (as I suppose) the estate of a Monarchy to be of all other estates most sure; a•…•…d amongst Monarchies, the Royall Monarchy [ H] to bee best: as also amongst kings them to excell which bee descended from the race and stocke of kings: and in briefe, that in the royall race the neerest of the blood is still to be preferred before the rest that were farther off: and that the soueraigntie (the fe∣male sexe excluded) ought to bee still vndiuided. Let vs now also at last see how it ought to be gouerned, as whether by iustice Distributiue, Commutatiue, or Harmo∣nicall. For why, the fairest conclusion that can bee made in this worke, is to conclude of iustice, as the foundation of all Commonweales, and of such consequence, as that Plato himselfe harh entituled his bookes of Commonweals, Bookes of Law, or of Iustice, howbeit that he speaketh in them rather like a Philosopher, than a Lawgiuer, [ I] or Lawyer.

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CHAP. VI. [ A] Of the three kinds of Iustice, Distributiue, Commutatiue, and Harmonicall: and what proportion they haue vnto an estate Royall, Aristocra∣tique and Popular.

LEt vs then say in continuing of our purpose, that it is not e∣nough to maintaine, that a Monarchy is the best estate of a Commonweal, & which in it hath the least inconuenience; except wee also (as we said) add thereunto, a Monarchy Roi∣all. [ B] Neither yet sufficeth it to say, that the Royall Monarchy is most excellent, if we should not also shew that vnto the ab∣solute perfection thereof it ought to be fast knit together by an Aristocratique and Popular kind of gouernment: that is to say, by an Harmonicall mixture of Iustice, composed of Iustice Distributiue, or Geometricall; and Commutatiue, or Arithmeticall: which are proper vnto the estates Aristocratique, and Popular. In which doing, the estate of the Monarchy shall be simple, and yet the gouernment so compound and mixt, without any confusion at all of the three kind of Estates, or Commonweales. For wee haue be∣fore [ C] shewed, that there is great difference betwixt the mingling, or rather confounding of the three estates of Commonweales in one (a thing altogether impossible) and the making of the gouernment of a Monarchy, to bee Aristocratique and Popular. For as amongst Monarchies, the Royall Monarchy so gouerned (as I haue said) is the most commendable: euen so amongst kingdomes, that which holdeth most, or com∣meth neerest vnto this Harmonicall Iustice, is of others the most perfect. Which things for that they may seeme obscure, neither are to my remembrance by any mans writings declared; I must endeuor my selfe that they may by manifest and plaine de∣monstration be vnderstood. Iustice therefore I say to be The right diuision of rewards and punishments, and of that which of right vnto euery man belongeth; which the He∣brewes [ D] by a straunge word call Credata: for the difference betwixt this and the other Iustice giuen vnto men by God, whereby we are iustified, which they call Tsedaca. For that by these, as by most certaine guides, wee must enter into this most religious and stately temple of Iustice. But this equall diuision which we seeke for, can in no wise be accomplished, or performed, but by a moderat mixture, and confusion of equalitie, and similitude together, which is the true proportion Harmonicall, and whereof no man hath as yet spoken.

Plato hauing presupposed the best forme of a Commonweale, to be that which was composed of a Tyrannicall and Popular estate: in framing the same, is contrarie vnto himselfe, hauing established a Commonweale not onely Popular, but altogether al∣so [ E] Popularly gouerned; giuing vnto the whole assembly of his citisens, the power to make, and to abrogat lawes, to place and displace all manner of officers, to determine of peace and warre, to iudge of the goods, the life, and honour, of euery particular man in soueraigntie: which is indeed the true Popular estate, and Popularly also gouerned. And albeit that he had so (as we say) formed his Commonweale, yet neuerthelesse hee said▪ That the Commonweale could neuer be happie, if it were not by Geometricall proportion gouerned; saying that God (whome euerie wise lawmaker ought to imi∣tat) in the gouernment of the world alwayes vseth Geometricall proportion. The same Plato hauing also (as some say) oftentimes in his mouth these three words, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which is to say, God alwayes to be playing the Geometritian: which [ F] words indeed sauour well of Plato his stile, howbeit that they be not in all his works to be found.

Now certaine it is, that Distributiue, or Geometricall Iustice, is most contrarie vnto the Popular estate and gouernment by Plato set downe: the people still seeking after nothing more, than for equalitie in all things; a thing proper vnto Commutatiue, or Arithmeticall Iustice. Which was the cause for which Xenophon (Plato his compani∣on, and both of them iealous one of anothers glory) being of opinion, That Common∣weales ought to be framed, and the lawes administred according vnto Arithmeticall proportion and equalitie, bringeth in Cyrus yet a boy, corrected and chastised, for that he being chosen king, had chaunged but the seruants garments, appointing better ap∣parell [ G] vnto them of the better sort, and meaner vnto them of the meaner sort: as hauing therein regard vnto decencie, and the proportion Geometricall. After which chastise∣ment, Cyrus is by his maister taught, to giue vnto euery man that which vnto him be∣longeth, and to remember that he was a Persian borne, and was therefore to vse the Persian lawes and customes, which gaue vnto euery man that which was vnto him proper: and not the manners and fashions of the Medes, who thought it meet, that to be vnto euery man giuen, which was decent and conuenient for him. Which writings of Xenophon, Plato hauing read, and knowing right well that it was himselfe, and not Cy∣rus, which had bene corrected; forthwith reproued the Cyropaedia, without naming of any partie. This diuersitie of opinions, betwixt Xenophon and Plato (famous among [ H] the Greeks) was the cause of two great factions, the one of the Nobilitie and richer sort, who held for Geometricall Iustice, and the Aristocraticall estate; the other of the baser and poorer sort, who maintained Commutatiue or Arithmeticall Iustice, and there∣fore wished to haue had all estates and Commonweales Popular. Now of these two factions arise a third, which was of opinion, That in euerie Commonweale Arithme∣ticall Iustice was to be kept in iust equalitie, when question was of the goods of any one in particular, or for the recompensing of offences and forfeitures: but if question were of common rewards to be bestowed out of the common treasure, or for the diui∣sion of countries conquered, or for the inflicting of common punishments, that then Distributiue, or Geometricall Iustice, was to be obserued and kept, hauing regard vnto [ I] the good or euill deserts, and the qualitie or calling of euery man: insomuch that these men vsed two proportions, and yet for all that diuersly, sometime the one and some∣time the other: as Aristotle said it ought to be done, but yet not naming either Plato or Xenophon, who yet had both first touched this string.

But as for Harmonicall Iustice, not one of the auntient writers either Greekes or Latines, neither yet any other, euer made mention, whether it were for the distribution of Iustice, or for the gouernment of the Commonweale: which for all that is of the rest the most diuine, and most excellent and best fitting a Royall estate; gouerned in part Aristocratically, and in part Popularly. But forasmuch as this point we heare speake of, euill vnderstood, draweth after it a number of errours, whether it be in making of laws, [ K] or in the interpretation of them, or in all sorts of iudgements; and to the end also that euerie man may vnderstand, that this third opinion of Aristotle can no more be main∣tained than the other; it is needfull for vs to borrow the principles of the Mathemati∣tians, and the Lawyers resolutions. For why, it seemeth that the Lawyers for not re∣garding the Mathematitians, and Philosophers, as not hauing iudicial experience, haue not declared or manifested this point, which is of right great consequence (as I haue said) and that as well for the administration of Iustice, as for the maintaining of the af∣faires of state, as also of the whole Commonweale in generall.

Now the Geometricall proportion is that which is made of an vnequall excesse of [ A] like magnitudes among themselues: but the Arithmeticall proportion is euery way both in progression, and excesse equall: and the Harmonicall proportion is of them both, by a wonderfull cunning (confused and combined together) made, and yet is vn∣to them both vnlike: the first of these proportions is semblable, the second is equall, & the third is in part equall, and in part semblable; as is to be seene by the examples in the margent set: where the proportion is treble of 3 to 9, and of 9 to 27, and of 27 to 81: and the proportion Arithmeticall following, beginneth of the same number of 3, and the same difference of 3 to 9: but the difference of 9 to 15 is not like, but yet equall: for betwixt these numbers there are alwayes six differing. And the proportion Harmoni∣call beginneth of 3 also, but the differences are not alwayes alike, neither altogether [ B] equall also, but therein is both the one and the other sweetly mixt and combind toge∣ther▪ as may well by Mathematicall demonstrations be vnderstood, whereinto it is not needfull for vs further at this time to enter: howbeit that certaine markes of them ma∣nifest enough, are in the auntient Roman lawes to be found; and by numbers in Geo∣metricall proportion set downe and reported. But the difference of the Geometricall and Arithmetical proportion, is in this to be noted, That in the proportion Arithmeti∣call are alwayes the selfe same reasons, and the differences equall: whereas in the Geo∣metricall proportion they are alwayes semblable, but not the selfe same, neither yet e∣quall: except a man would say, that things semblable are also equall; which were no∣thing [ C] else, but improperly to speake: so as Solon did, who to gaine the hearts both of the nobilitie, and of the people of Athens, promised to make them lawes equall for all sorts of men: wherein the nobilitie and better sort of the people thought him to haue meant the Geometricall equalitie; and the common people, the Arithmeticall; and so to haue bene all equall: Which was the cause that both the one and the other by com∣mon consent made choyce of him for their lawmaker. Wherefore the Geometricall gouernment of an estate is, when like are ioyned with like: as for example, by the laws of the twelue Tables, the Patricij, or Nobilitie, was forbidden to marrie with the com∣minaltie, and order taken, that noble men should marrie none but noble women: and they of the baser sort such also as were of like condition with themselues, slaues also [ D] marrying with slaues, as differing from both the other sort. Which law is also yet in∣uiolably kept among the Rhagusians. So were to be deemed also, if the law were, that princes should not marrie but with priuces, the rich with the rich, the poore with the poore, and slaues with slaues, by a Geometricall proportion. But if it were by law prouided, that marriages should be made by lot; that law would bee vnto the people most acceptable and pleasing, to make all equall: for that so the noble and rich ladies should by lot oftentimes fall vnto the poore and baser sort of men; the slaue might mar∣rie the prince, the base artificer might haue to wife a woman honourably descended, most vnlike to his estate: So that by lot should the Popular equalitie bee preserued, agreeing with the Arithmeticall proportion: but the wealth and dignitie of the nobili∣tie [ E] and richer sort be quite ouerthrowne. And that is it for which Euripides saith, A lawfull equalitie to be most agreeable vnto mans nature, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. But both these formes of gouernment according to either Arithmeticall, or Ge∣ometricall proportion, draw after them diuers inconueniences: For in the one the poorer and vulgar sort are cast downe, and in the other the nobilitie and richer sort are contemned and disgraced. Whereas the Harmonicall manner of gouernment, with a most sweet consent, preserueth both (so much as possibly is) not confounding all sorts of people hand ouer head together. And not to go out of the example by vs propoun∣ded of marriages, he that would keepe the Harmonicall gouernment, should not re∣quire

in the marriages of the nobilitie, the noble descent too farre fet both on the one [ F] side and the other: as many of the Germans most daungerously doe, who most curi∣ously search out their great great grandfathers fathers, of like nobilitie on both sides, to ioyne together their nobilitie in marriage: which is too farre to remoue and seperat the nobilitie, not from the baser sort onely, but euen from it selfe also; considering that they content not themselues, that the gentleman be noble by the father onely, as it sufficeth in the kingdome of Polonia, by the decree of Alexander king of Polonia: or by the father, and the grandfather, as is sufficient in this realme, by a law of king Frances the 1: or by father, and mother, and grandfather, on both sides, as is set downe by the new de∣crees of the knights of Sauoy: but they will that the right gentleman shew that hee is descended of two hundred and threescore noble persons, if the interpretation that many [ G] giue of a right gentleman be true: Some others will haue seuen degrees of nobilitie to suffice, deriued from the fathers and mothers side without disparagement. But such lawes are daungerous, and full of seditions: and for this cause the law concerning mar∣riages, which Appius the Decemuir is said to haue put into the Twelue Tables, was at the motion of Canuleius the Tribune as daungerous, repealed: for that thereby the subiects loue was rent in sunder, and the citie by seditions ouerthrowne: which tumults and seditions the law being once abrogated, and alliances made betwixt the nobilitie and the comminaltie, vpon the sudden ceased: howbeit that noble women haue sel∣dome married from the nobilitie, but noble men haue oftentimes married with meane women: for that nobilitie is still to bee obtained from the father. And indeed it best [ H] agreeth with Harmonicall proportion, if a rich base woman marrie with a poore gen∣tleman; or a poore gentlewoman with a rich common person: and she that in beauty and feature excelleth, vnto him which hath some one or other rare perfection of the mind: in which matches they better agree, than if they were in all respects equall: as amongst marchants there is no partnership or societie better, or more assured, than when the rich lazie marchant is partner with the poore industrious man; for that there is betwixt them both equalitie, and similitude: equalitie, in that both the one and the other haue in them some good thing: and similitude, in that they both two haue in them some defect or want. And this is it for which the auntient Greekes aptly fained, Loue to haue bene begotten of Porus and Penia, that is to say, of Plentie and Pouertie, [ I] loue growing betwixt them two: so as in song the Meane betwixt the Base and the Treble, maketh a sweet and melodious consent and harmonie. For why, it is by nature to all men engrafied, for them still to loue most, the thing themselues want most: so commonly the foule seeketh after the faire; the poore, the rich; the coward, the vali∣ant: whereas if the rich and noble should likewise marrie with the noble and rich, they should one of them make lesse account and reckoning of the other, for that one of them little wanted the others helpe. For as the maister of a feast ought not without discre∣tion to place his guests hand ouer head, as they first came into the house, without any respect had of their age, sexe, or condition: so also ought he not to set all his best guests in the highest and most honourable places: neither all the wise men together with the [ K] wise, neither old men with old men, nor young men with young men, women with women, nor fools with fooles: following therein the Geometricall proportion, which seeketh after nothing else but the semblablenesse of things; a thing of it selfe foolish and vnpleasant. But the wisest maister of a feast will place and enterlace quiet men betwixt quarrellers, wise men amongst fooles; that so they may by their talke in some sort as with a medicine be cured: so betwixt cauillers shall he set a quiet man, and vnto an old babler ioyne a still and silent man, so to giue him occasion to speake, and teach the other to speake lesse: by a poore man he shall place a rich, that so hee may extend his

bountie vnto him, and he againe for the same of the other receiue thanks: so amongst [ A] seuere and tetricall men, he shall mingle others of a more ciuill and courteous dispositi∣on; in which doing he shall not onely auoid the enuie and heart-burning of such as might complaine themselues to be placed in too low places, or not in such order as they desired (a thing hardly to be auoided where question is of degree and place;) but also of such a most beautifull harmonicall, and orderly placing, shal arise a most sweet consent, as wel of euery one of the guests with other, as also of them altogether. Which beauti∣fulnesse of Harmonicall order, he which will with Geometricall semblablenesse, or Arithmeticall confusion, inuert or trouble, he shall so take from out of the feast all the profit, all the sweetnesse, and loue, which should still be amongst guests. And for this cause men say, Scipio Africanus to haue bene blamed by the wiser sort of men, and such [ B] as saw farthest into matters of state, for that hee first of all others had made lawes con∣cerning the Theatre, giuing therein the first places vnto the Senators, and so in the be∣holding of the playes separating them from the people; when as by the space of 558 yeares before, euen from the foundation of the citie, the Senators had indifferently to∣gether with the poore stood to behold the playes: which sepation so made, much alie∣anated the one of them from the other, and was the cause of many great and daunge∣rous tumults and broyles afterwards in that Commonweale. Neither is it enough that the lawes and magistrats constraine the subiects for feare of punishment to forbeare to wrong one another, and so to liue in peace; but they must also bring to passe, that al∣though there were no lawes at all, yet they should be at vnitie among themselues, and [ C] one of them still loue another. For that the foundation of marriages, as all other hu∣mane societies, which are almost innumerable, resteth in loue and friendship, which can∣not long continue without that Harmonical & mutual concord which I haue alreadie spoke of: and which cannot possibly either by Geometrical or Arithmeticall Iustice & gouernmēt be done, for that the proportion both of the one & of the other, is for most part disioyned a•…•…d separat: wheras the nature of the Harmonicall proportion alwaies vniteth together the extreams, by reason that it hath accord both with the one and with the other: as by the examples propounded we are taught.

Now the equall gouernment and by proportion Arithmeticall, is naturall vnto Po∣pular [ D] estates, who would that men still should equally diuide estates, honours, offices, benefits, common treasures, countries conquered: and if lawes be to be made, or offi∣cers ordained, or that iudgement be to be giuen of life and death, their desire is, that all the people should thereunto be called, and that the voice of the greatest foole and bed∣lem should be of as great weight and force, as the voyce of the wisest man: in briefe, the more popular sort thinke it best, that all should be cast into lot and weight: as the aun∣tient Greekes, who in three words set forth the true Popular estates, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which is to say, All by lot and ballance: or else to measure all things by a most right rule, and euery way with Arithmeticall proportion equall. Which for that it is most stearne and inflexible, is after our phrase called Right, and to do iustice, is said, To do Right: which maner of speech seemeth to haue bene taken from the Hebrews, who [ E] call their bookes of Law and Iustice, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is to say, The Booke of Right, or as the Chaldean interpretor translateth it, The Booke of Rightnesse: either for that the way of vertue and iustice hath no windings or turnings, nor suffereth vs this way or that way to turne out of the right way; or else for that it is the selfe same vnto all men, with∣out respect of any mans person, not to bee moued with loue or hatred towards any man. Such an one as many haue though Policletus his rule to haue bene, so straight and hard, as that it might more easily be broken than bowed either vnto the one side or the other: vnto the patterne & straightnesse whereof all artificers directed their rules. Such

is also the forme of a Popular gouernment, when all goeth by lot, and by strait and im∣mutable [ F] lawes, without any iust and indifferent interpretation, without any priuilege or acception of person: in such sort, as that the nobles are subiect euen vnto the selfe same punishments that the baser sort are; the fines and penalties being alike vppon the rich and vpon the poore, and the like reward appointed for the strong, and for the weake, for the captaine, and for the souldiour.

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

Wherefore a little to decline from that inflexible straightnesse of Polycletus his rule, as also from the vncertaine pliantnesse of the Lesbian rule, that is to say, from the Arith∣meticall, and Geometricall proportion of gouernment of estates; a certaine third kind [ H] of rule is by vs to be deuised, not so stiffe, but that it may bee easily bowed when need shall be, and yet forthwith become also straight againe: that is to say, Harmonicall Iu∣stice: which I thinke may well bee done, if wee shall conclude and shut vp the gouernment of estate within those foure tearmes which wee haue before combi∣ned, viz. the Law, Equitie, the Execution of the law, and the Office or Dutie of the Magistrat or Iudge: whether it be in the administration of iustice, or the gouernment of the estate: which haue amongst themselues the same proportion which these foure numbers haue, viz. 4, 6, 8, 12. For what the proportion is of 4 to 6, the same the pro∣portion is of 8 to 12: and againe the same reason is of 4 to 8, that there is of 6 to 12. So the Law also hath respect vnto Equitie; as hath the Execution of the Law, vnto the [ I] Dutie of the Magistrat: or els contrariwise, For Execution serueth vnto the Law, as doth the Dutie of the Magistrat vnto Equitie. But if you shall transpose these numbers before set in Harmonicall proportion, and so make the Magistrat superiour vnto Equi∣tie; and the Execution of the Law, to be aboue the Law it selfe; both the Harmonie of the Commonweale, and musicall consent thereof, shall perish. As for Geometricall proportion, the tearmes thereof being transposed, is yet alwayes like vnto it selfe, whe∣ther it be in continuall proportion, as in these foure numbers, 2, 4, 8, 16; or in proporti∣on disioyned, as 2, 4, 3, 6: conuert the order of the numbers, and say, 6, 3, 4, 2, or 3, 2, 4, 6; or in what order soeuer you shall place them, there shall alwayes be the same proporti∣on of the first vnto the second, which is of the third vnto the fourth; and againe of the [ K] first vnto the third, which is of the second vnto the fourth. And albeit that a continuat proportion is more pleasing than that which ariseth of diuided numbers, yet maketh it of it selfe no consent; as for example, 2, 4, 8, 16: and much lesse if it consist of Arith∣meticall proportions, whether that they be diuided in this sort, 2, 4, 5, 7, or els ioyned as 2, 4, 6, 8: both which proportions as farre differ from Harmonicall proportion, as doth warme water from that which is most cold, or else scaulding hoat. And so in like case may we say, that if the prince, or the nobilitie, or the people, all together hauing the soueraigntie, whether it be in a Monarchy, in an Aristocratike, or Popular estate, go∣uerne

themselues without any law, leauing all vnto the discretion of the magistrats, [ A] or else of themselues distribute the rewards and punishments, according to the greatnes, qualitie, or desert, of euery man; howbeit that this manner of gouernment might seeme in apparance faire and good, as not hauing therein either fraud or fauour (a thing for all that impossible:) yet for all that could not this maner of gouernment be of any con∣tinuance, or assurance, for that it hath not in it any bond wherewith to bind the greater vnto the lesser, nor by consequence any accord at all: and much lesse shall it haue of suretie, if all be gouerned by equalitie and immutable lawes, without applying of the equitie thereof according vnto the particular varietie of the places, of the times, and of the persons: if all honours and rewards shall be giuen to all men indifferently, by Arith∣meticall proportion alike, without respect of honour, person, or desert: in which state [ B] of a Commonweale all the glorie of vertue must needes decay and perish. Wherefore as two simple medicines in the extremitie of heat & cold, and so in operation and pow∣er most vnlike one of them vnto the other, are of themselues apart vnto men deadly & daungerous; and yet being compound & tempered one of them with the other, make oftentimes a right wholesome and soueraigne medicine: so also these two proportions of Arithmeticall and Geometricall gouernment, the one gouerning by law onely, and the other by discretion without any law at all, do ruinat and destroy estates and Commonweales: but being by Harmonicall proportion compounded and combined together, serue well to preserue and maintaine the same. [ C]

Wherefore Aristotle is deceiued, in deeming the Commonweale then to be hap∣py, when it shall chaunce to haue a prince of so great vertue and wisdome, as that hee both can and will with greatest equitie, gouerne his subiects without lawes. For why, the law is not made for the prince, but for the subiects in generall, and especially for the magistrats; who haue their eyes oft times so blinded with fauour, hatred, or corrup∣tion, as that they cannot so much as see any small glympse of the beautie of equitie, law and iustice.

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

The first occasion of making of lawes, was the chaunging of Monarchies into Po∣pular and Aristocratique Commonweales: which they first did at Athens, in the time of Draco, and afterward of Solon: and in Lacedemonia, in the time of Lycurgus, who tooke from the two kings the soueraignty. Whose examples the other cities of Greece and Italie set before themselues to behold and imitate, viz. The Dorians, the Ionians, the Cretensians, the Locrensians, they of Elis, Crotona, Tarentum, and Rome, with di∣uers other townes in Italie: in which cities the people were euer at variance and discord

with the nobilitie; the poorer sort still seeking to be equall with the noble and richer: [ F] which could not possibly be, but by the equalitie of lawes; which lawes they of the ri∣cher on the contrarie side vtterly reiected, seeking by all meanes to be therefrom free & priuileged: as they who with their wealth & power defended the Commonweale; and therefore thought it reason in honours and preferments, to bee aboue them of the inferiour sort: who indeed hauing so got the great estates and principall charges in the Commonweale, alwayes fauoured the richer sort, and them that were like vnto them∣selues, still contemning and oppressing the poore. Whereof proceeded the hard speeches and complaints of them of the meaner sort: which that they might in the ci∣tie of Rome haue some end, Terentius Arsa Tribune of the people, in the absence of the Consuls, blaming the pride of the Senators before the people, bitterly inueyed [ G] against the power of the Consuls; alleaging, That for one lord now there were two, with an immoderat and infinit power, who themselues loosed and discharged from all feare of lawes, turned all the penalties thereof vpon the poore people. Which their insolencie that it might not still endure, he said, He would publish a law for the creating of Fiue men, for to appoint lawes concerning the power of the Consuls, who from thenceforth should not vse further power, than that which the people should giue them ouer themselues, and not to haue their lust and insolencie any more for law. Six yeres was this law with great contention and strife betwixt the nobilitie and people de∣bated, and at length in the behalfe of the people established. But here it shall not bee a∣misse out of Liuie to set downe the very speeches and complaints of the nobilitie, ac∣counting [ H] it better to liue vnder the soueraigne power of a king without law, than to liue in subiection vnto the law, Regem hominem esse à quo impetres vbi ius, vbi iniuria opus sit, esse gratiae locum, esse beneficio, & irasci, & ignoscere posse, inter amicum & inimi∣cum discrimen nosce, leges rem surdam & inexor abilem esse, salubriorem melior emque ino∣pi quàm potenti; nihil laxamenti nec veniae habere simodum excesseris: periculosum esse in tot humanis erroribus sola innocentia viuere: The king (they said) to be a man of whom thou maiest obtaine something where need is, in right or wrong: fauour to bee able to doe something with him, as desert also, who knew both how to bee angry, and to grant pardon: as also to put a difference betwixt a friend and a foe: as for the law it to bee but a deafe and inexorable thing, whholsomer and better for the begger than the gen∣tleman; [ I] to haue no release nor mercie, if thou shalt once transgresse the same: it to be a very daungerous thing in so many mens frailties, to liue only vpon a mans innocencie: Thus much Liuie. After that the lawes of the Twelue Tables were made, where amongst others there was one very popular, and quite contrarie vnto the commaund and power of the nobilitie, and was this, Priuilegia nisi commitijs centuriatis ne irrogan∣to: qui secus faxit, Capital esto, Let no priuileges be graunted but in the great assemblies of the estates: who so shall otherwise do, let him die the death. By which strict lawes the judges and magistrats for a time so gouerned the people, as that there was no place left for pardon or arbitrarie iudgement, to be giuen according vnto equitie and consci∣ence without law. As it also happened, after that king Frauncis the first had subdued [ K] Sauoy, the new Gouernours and Magistrats oftentimes gaue iudgement contrarie vn∣to the custome of the countrey, and written law, hauing more regard vnto the equitie of causes, than vnto the law. For which cause the estates of the countrey by their am∣bassadours requested of the king, That from thenceforth it should not bee lawfull for the Gouernours or Iudges, to iudge according vnto arbitrarie equitie: which was no other thing, than to bind them vnto the strict lawes, without turning either this way or that way, than which nothing can be more contrary vnto the minds and proceedings of fauourable or corrupt judges. And therefore Charondas the Carthaginensian law∣giuer

(a man very popular) forbid the magistrats in any thing, to depart from the words [ A] of the law, how vniust soeuer they seemed for to be. Francis Conan Maister of the Re∣quests, being commaunded to heare the aforesaid ambassadour of the Sauoyans, wri∣teth himselfe to haue greatly maruelled, that they should request so vnreasonable a thing: as viz. That it should not be lawfull for their magistrats to iudge according to the equitie of the cause, but the strictnesse of the law: and reprehendeth also D. Faber, for saying, That in this realm there are none but the soueraigne courts, which can iudge according to the equitie of the cause: saying moreouer, That he himselfe doubted not so to do, when as yet he was the least judge in Fraunce. Howbeit that the ambassadors thought their judges by the strict obseruing of the lawes, to bee better kept within the compasse of their duties, if the colour of equitie being taken away, they should still [ B] iudge according to the very law. Accursius not so elegantly as aptly vnto that he meant it, willed the vnlearned judges, strictly to stand vpon the very words of the law: like vnskilfull riders, who doubting to be able to sit the horse they are mounted vppon, for feare of falling hold fast by the saddle.

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

But now whereas by the orders and customes of all the cities of Italie, it is prouided, That the Iudges may not swarue from the very words of the law, excludeth not thereby either the equitie, or yet the reasonable exposition of the law: as Alexander the most famous lawyer of his time, according to the opinion of Bartholus, aunswered: who in

that respect put no difference betwixt the great magistrat and the little. For that to say [ F] truely, the law without equitie, is as a bodie without a soule, for that it concerning but things in generall, leaueth the particular circumstances, which are infinit, to be by equa∣litie sought out according to the exigence of the places, times, and persons: whereunto it behoueth the magistrat or judge so to apply the laws, whether it be in tearmes of iu∣stice, or in matter of estate, as that thereof ensue neither any inconuenience nor absurdi∣tie whatsoeuer. Howbeit yet that the magistrat must not so farre bend the law, as to breake the same, although that it seeme to be right hard: whereas it is of it selfe cleere enough. For so saith Vlpian, Dura lex est: sic tamen scripta, An hard law it is (saith he) but yet so it is written. A hard law he called it, but yet not an vniust law: for why, it is not lawfull rashly to blame the law, of iniustice. But yet it is another thing, if the law [ G] cannot without iniurie be applied vnto the particular matter that is in question: for that in this case (as the lawyer sayth) the law is by the decree of the magistrat to be qualified and moderated. But when he saith the Magistrat, he sufficieutly sheweth that it belon∣geth not vnto the other particular judges so to do, but onely vnto the Pretor, as graun∣ted vnto him by the Pretorian law, at the institution of his office: whereby power was giuen him to supply, expound, and correct the lawes.

But forasmuch as that greatly concerned the rights of soueraigntie, princes after∣wards (the Popular estate being taken away) reserued vnto themselues the expoun∣ding and correcting of the laws, especially in cases doubtful, arising betwixt the Law and Equitie; about the true vnderstanding and exposition of the law. And therefore the [ H] judges and gouernours of prouinces, in auntient time doubting of the law, still demaun∣ded the emperours aduise and opinion, when as the case presented, exceeded the tearmes of equitie arising of the law: or that which seemed vnto them iust, was contra∣rie vnto the positiue law: in which case if the prince were so farre off, as that his exposi∣tion was not in time conuenient to be had; and that to delay the cause, seemed vnto the estate daungerous; the magistrats were then to follow the very words of the law. For that it belongeth not vnto the magistrat to iudge of the law (as saith a certaine auntient Doctor) but onely to iudge according vnto the law: and for that in doing otherwise, he shall incurre the note of common infamie. And to this purpose I remember that Bar∣tholemew, one of the Presidents of the enquiries in the parliament of Thoulouze, in that [ I] the councellors of his chamber, his fellow judges, would haue giuen iudgement con∣trarie vnto the law: he hauing caused all the rest of the judges of the other courts to bee assembled, by an edict then made at the request of the kings subiects, compelled the iud∣ges his fellowes, in their iudgements to follow the law: Which law when it should seeme vnto the court vniust, they should then for the amending thereof, haue recourse vnto the king, as in such case had bene accustomed: it being not lawfull for the judges sworne vnto the lawes, of their owne authoritie to depart therefrom, seemed they vnto them neuer so iniust or iniurious. Whereby it appeareth the magistrat to stand as it were in the middle betwixt the law and the equitie thereof: but yet to bee himselfe in the power of the law, so as is equitie in the power of the magistrat: yet so as nothing [ K] be by him deceitfully done, or in preiudice of the law. For why, it beseemeth the iudge alwayes to performe the dutie of a good and innocent vpright man. For where I say that cases forgotten by the lawmaker, and which for the infinit varietie of them, cannot be in the lawes comprised, are in the discretion of the magistrat, it is yet still to bee re∣ferred vnto equitie, and that the judge ought still to be (as we said) an vpright and iust man, not in any thing vsing fraud, deceit, or extortion. Wherein Alexander the most famous lawyer seemeth vnto me to haue bene deceiued, in saying, That the judge which hath the arbitrarie power to iudge according to his owne mind, may if hee so

please iudge vniustly: an opinion contrarie vnto the law both of God and nature, and [ A] of all other lawyers also reiected: who are all of aduise, That a judge hauing arbitrary power to iudge according to his owne good liking, is not to be fined, howbeit that he haue vniustly iudged: prouided that he haue therein done nothing by fraud or deceit. And by the law of Luitprand king of the Lombards, it is set downe, That the magistrat shall pay fortie shillings for a fine, if he iudge contrarie vnto the law, the one halfe vnto the king, & the other halfe vnto the partie: but if he shal vniustly iudge in that belongeth vnto his place and office without law; he is not therefore to be fined: prouided yet that he haue therein done nothing fraudulently or deceitfully: as is yet also obserued and kept in all the courts and benches of this realme. Howbeit that the auntient Romans thus held not themselues content, but caused their judges to sweare, Not to iudge con∣trarie [ B] vnto their owne conscience: and still before that they pronounced sentence, the Cryer with a lowd voyce cried out vnto them, Ne se paterentur sui dissimiles esse, That they would not suffer themselues to be vnlike themselues; as saith Cassiodore. And in like case the judges of Greece were sworne to iudge according vnto the lawes: and in case there were neither law nor decree, concerning the matter in question before them, that then they should •…•…udge according vnto equitie, vsing these words, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Whereunto that saying of Seneca alludeth, Melior videtur conditio bonae causae si ad iudicem quàm si ad ar bitrum quis mittatur: quia illum formula includit, & certos ter minos ponit: huius libera, & nullis astricta vinculis religio, & detrahere aliquid potest & adijcere, & sententiam suam non prout lex aut iustitia suadet: sed prout humanit as aut mi∣sericordia [ C] impulit regere, The estate of a good cause (saith he) seemeth better, if it be re∣ferred vnto a judge, rather than to an arbitrator: for that the prescript forme of law en∣closeth him in, and prescribeth vnto him certaine limits and bounds; whereas the o∣thers free conscience, and bound to no bonds, may both detract and add something, and moderat his sentence, not as law and iustice shall require, but euen as courtesie and pitie shall lead him. Which so great a power the wise lawmakers would neuer haue left vn∣to the judges, had it bene possible to haue comprehended all things in lawes: as some haue bene bold to say, That there is no case which is not contained in the Roman law: a thing as impossible, as to number the sand of the sea, or to comprehend that which [ D] is in greatnesse infinit, in that which is it selfe contained within a most little compasse, or as it were within most strait bounds shut vp. And therefore the court of parlia∣ment at Paris, fearing least men should draw into the consequence of lawes, the decrees that it should make; caused it to be registred, That if there were any notable doubt, or that the matter so deserued, their decree or sentence should not bee drawne into conse∣quence, or be in any wise preiudiciall, but that it might bee lawfull in like case to iudge otherwise: & that for the infinit varietie of things doubtfull: wherby sometimes it com∣meth to passe euen contrarie, or most vnlike iudgements to bee giuen euen of the selfe same or verie like cases, and yet both most iust: as sometimes it chaunceth two trauel∣lers comming from diuers countries, to ariue at the same place, by wayes altogether [ E] contrarie. Neither ought the judges or lawmakers to ioyne their reasons vnto their iudgements or lawes, a thing both daungerous and foolish, as giuing thereby occasion vnto the subiects, to forge therof new suits and delaies, or exceptions of error, or other∣wise to deceiue the lawes. And that is it for which the auntient lawes and decrees were most briefly set downe, and as it were but in three words, which so cut off all the deceits that could against the same lawes be imagined or deuised. Wherefore it is a most per∣nitious thing, to gather together the decrees or iudgements of any court, to publish the same, with out hauing red them in the records themselues, or knowing the reasons that induced the court to make the decree, which the judges oftentimes cause to bee recor∣ded

apart from the sentence or iudgement, least any should be thereby deceiued. How∣beit [ F] that it is a thing of it selfe also verie daungerous, to iudge by example and not by lawes, such iudgements being still to be chaunged euen by the least and lightest varie∣tie and chaunge of the circumstances, of the persons, or of the places, or of the times: which infinit varieties can in no lawes, no tables, no pandects, no bookes, be they neuer so many or so great, be all of them contained or comprehended. And albeit that Solon was wrongfully blamed for making so few lawes, yet Lycurgus neuerthelesse made fewer, yea so few as that he forbad them to be at all written, so to haue them the bet∣ter remembred; leauing most part of causes vnto the discretion of the magistrats. As did also Sir Thomas Moore Chauncelour of England, leauing in his Vtopia all penalties, ex∣cepting the punishment for adulterie, vnto the discretion of the magistrats: than which [ G] nothing can (as many thinke) be better or more profitably deuised, so that the magi∣strats and judges be still chosen not for their wealth and substance but for their vertue and knowledge. For it is most apparant euen to euerie mans eye, that the moe lawes there bee, the more suites there are about the interpretation thereof.

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

Now certaine it is, that of the multitude of laws, with their reasons annexed vnto them, and in this realme published since the time of Charles the seuenth, is come the heape of suites; not so many being to be found in a thousand yeres before, as haue bene within this hundred or sixscore yeares, and yet all forsooth full of reasons: howbeit that there is not one reason set downe in all the lawes of Solon, Draco, Lycurgus, Numa, nor in the Twelue Tables, neither yet commonly in the law of God it selfe. And how∣beit

that some may say, That the infinit multitude of people which aboundeth in this [ A] realme, may helpe to encrease the multitude of suits: so it is▪ that there were a great ma∣ny moe in the time of Caesar, and yet moe than there was then about fiue hundred yeares before, as he himselfe writeth in the sixt booke of his Commentaries. And Io∣sephus in the Oration of Agrippa, sayth, That there were aboue three hundred nati∣ons in Gaule: And yet neuerthelesse Cicero writing vnto Trebatius the lawyer (then one of Caesars lieutenants) meerely saith, him to haue gained but a few in France to his occupation. Wherefore they which haue brought in such a multitude of lawes, as thinking thereby to cut vp all deceit by the roots, and so to restraine suits: in so doing imitat Hercules, who hauing cut of one of Hydraies heads, see seuen others forthwith to arise thereof. For euen so one doubt or suit being by law cut off▪ wee see seuen others [ B] of new sprung vp, of that heape of words and reasons without reason heaped together in persuading of the law: it being indeed a thing impossible in all the bookes of the world to comprehend all the cases which may happen, and ten thousand suites arising vpon euery reason of the law giuen. So that Seneca thereof said well, Nihil mihi vide∣tur frigidus quàm lex cum prologo: iubeat lex, non suadeat, Nothing (saith he) seemeth vnto me more cold, than a law with a prologue: let the law commaund, and not per∣suade: except the reason of the law be from it inseparable. And howbeit that the De∣cemuiri, or Ten Commissioners, appointed by the Romans to reforme the lawes, and to establish new, had twelue tables comprehended whatsoeuer could by mans wit bee [ C] foreseene: saying and thinking also them to haue therein comprised all occurrents that might happen: yet shortly after they found themselues farre from their account, and so many things to be wanting in those their laws, as that they were enforced to giue pow∣er to the Prouost of the citie, to amend the lawes, to heape lawes vpon lawes, to abro∣gat the greater part of the lawes of the twelue tables: and in briefe to leaue vnto the magistrats discretion the greater part of the iudgements concerning mens particular causes or interest. And howbeit also, that in respect of publike causes, they did what they might to haue shut vp the judges within the barres and bonds of the lawes, yet so it was, that in fine they seeing the inconueniences which continually fell out in all mat∣ters, in seeking to doe equall iustice to all men, according to the Arithmeticall proporti∣on, [ D] were constrained (after that the Popular estate was chaunged into a Monarchy) to make a great Prouost in the citie of Rome, to whom they gaue power accordingly to iudge of all the crimes committed in Rome, and within fortie leagues round about the citie: which power was also giuen vnto the Proconsuls, and other gouernours of pro∣uinces euery one of them within the compasse of his owne iurisdiction. Now he which extraordinarily iudgeth of offences, is not in his iudgements bound or subiect vnto the lawes, but may giue such iudgement as shall seeme vnto himselfe good; prouided yet that he therein exceed not measure, as saith the law: which measure consisteth in the Harmonicall proportion which we haue before spoken of.

Yet such extraordinarie power by the prince giuen vnto the magistrats, whether it [ E] be for iudgement, or for mannaging of wars, or for the gouerning of a citie, or for any thing else doing, hath many degrees: for either his power is giuen him next vnto the prince, greater than which none can be: or else power is giuen him by vertue of his of∣fice, so that he may iudge as he seeth cause, or else may iudge in such sort as might the prince himselfe; which power little differeth from the highest, and such as can in no wise by the highest magistrat vnto another magistrat or Commissioner be giuen. But if in the princes rescript or commission it be contained, That the appointed magistrat shall iudge of the cause in question according as reason, equitie, religion, or wisedome, shall lead him, or some other such meane of speech, in all these cases it is certaine, that his

power is stil limited and referred vnto the iudgement of an honest man, and the tearms [ F] of equitie: whereunto the prince himselfe ought to referre all his owne iudgements al∣so. Wherein many are deceiued, which thinke it lawfull for the prince to iudge accor∣ding to his conscience; but not for the subiect, except it be in matters and causes crimi∣nall: in which case they are of opinion, that the magistrat may as well as the prince iudge according to his conscience: which if it be right in the one, why is it not right in the other? and if it be wrong in the one, why should it not be so in the other? when as indeed it is lawfull for no man in iudgement to swarue from equitie and conscience, and that iniurie like an Ape is alwayes like vnto it selfe, filthy still, whether it bee clothed in purple, or in a pied coat. And in iudging it is one thing to bee freed from the law, and another to be freed from conscience. [ G]

But if the varietie of a fact in question be not knowne but vnto the prince himself, or magistrat alone; neither the one nor the other can therein be iudge, but witnesses one∣ly: as Azo (the great lawyer) answered vnto the Gouernour of Bolonia Lagrasse, who without any other witnesse had seene a murder done, telling him, That hee could not in that case be iudge. Which selfe same aunswere was also giuen vnto king Henry the second of Fraunce, by the judges who were extraordinarily appointed to iudge of diuers causes at Melun, where the king hauing himself taken an Italian (one with whom he was familiarly acquainted) in a fact deseruing death, committed him to prison; who soone wearie of his imprisonment, preferred a request vnto the judges, That for asmuch as he was not conuict of any crime, neither yet so much as by any man accused, hee [ H] might therefore as reason would, be discharged and set at libertie. Whereupon Cotel∣lus chiefe judge of the court, with three other of the judges went vnto the king, to vn∣derstand of him what occasion he had for the imprisonmēt of the man, or what he had to lay vnto his charge? Whom the king commaunded to bee forthwith condemned, for that he himselfe had taken him in such a fact as well deserued death, which yet hee would not discouer. Wherunto the chiefe judge aunswered, Nos iurati sumus, nisi sce∣leris conuictum, & ex animi nostri sententia damnaturos esse neminem, We are sworne (said he) to condemne no man except he be of some capitall crime conuict, and accor∣ding to our conscience. With which aunswere the king (otherwise a most curteous and gentle prince) much moued, for that the judges seemed to doubt of his fidelitie [ I] and credit, deepely swore, That hee himselfe had taken the villaine in a fact deseruing death. Wherefore Anne Montmorancie Great Constable of Fraunce, perceiuing the judges to be bound by their oath, to iudge but according vnto the laws, and that in per∣forming the kings command they should rather seeme manquellers and murderers, than vpright judges: taking the king a little aside, persuaded him to deferre the execu∣tion of the man vntill night, least the people might hap to be troubled with the nouelty of the matter. And so the guiltie partie the night following was by the commaunde∣ment of the king thrust into a sacke, and in the riuer drowned. Yea the same king also in a ciuill cause, serued but as a witnesse in the great suit about the inheritance of George of Amboise, where he was before the judges sworne as a priuat man, and his testimo∣nie [ K] accounted but for one. Wherefore Paulus Tertius was not without cause blamed, for that he being Pope, had caused a certaine gentleman to be put to death, who had confessed vnto him (being then a Cardinall) a secret murder by him done: which thing yet the same gentleman afterward constantly denied him to haue either said or done. Howbeit it were much better and more indifferent, the prince or the magistrat to iudge according vnto their consciences in ciuill, than in criminall causes: for that in the one, question is but of mens good; wheras in the other still mens fame, yea oftentimes their liues, and whole estates is in daunger: wherein the proofes ought to bee more cleerer

than the day it selfe. [ A]

But yet the difference is right great, and much it concerneth, whether the magistrats in their iudgements be bound vnto the lawes or not, or else be altogether from the laws loose & free: for that in the one, question is onely of fact; but in the other, of law, equi∣tie, and reason, and especially when question is of matter of great importance or conse∣quence, and wherein the law is to be expounded: which in auntient time was giuen in Rome vnto the Great Prouost, as we haue before said; but by the law of God was re∣serued vnto the High Priest; or vnto him that was by God chosen to bee soueraigne judge of the people: or in their absence vnto the Leuites. Which power in the latter times of the Iewes Commonweale (and about two hundred yeares before Christ, vn∣der the latter princes of the house of the Asmoneans) was by custome, but not by law, [ B] giuen vnto the Senat of the wise Sages. As amongst the Celts our auncestours, the Priests and Druides, for that they were the makers of the sacrifices, and keepers of the holy rites, were made also the keepers and guarders of Iustice, as of all other things the most sacred. The president or chiefe of which Druides (as Ammianus reporteth) still carried about his necke a pretious stone, hanging downe vnto his breast, with the pi∣cture of Truth engrauen in it. Which most auntient custome of the Hebrewes, and of the Aegyptians, euen yet continueth in all Asia, and in the greater part of Affrike also, viz. That the Priests should haue Iustice in their hand, and the▪ Great Bishop the ex∣position of the Lawes, and the deciding of the most high and difficult causes. So the [ C] Great Bishops, whome the Turkes call their Muphti, hath himselfe alone the expoun∣ding or declaring of the doubts arising of the obscure lawes, especially when question is betwixt the written Law and Equitie it selfe. Which exposition of such doubtfull lawes, the Roman emperours reserued vnto themselues, as proper vnto the soueraign∣tie of their imperiall maiestie. So the Persian kings had also their Muphti, as the san∣ctuarie both of their publike and priuat lawes, who was still resiant in the great citie of Tauris. So had the Tartars theirs in the famous citie of Samarcand: and the kings of Afrike euerie one of them their Great Bishops also: who at Athens were called Nemo∣phylaces, and in other places Thesmothetae. Whereby it is to be vnderstood, that such masters and interpretors of equitie when law •…•…aileth, ought still to be most wise and vp∣right [ D] men, as also in most high authoritie and power placed.

And now verily if the lawes of Arithmeticall Iustice might take place but euen in priuat iudgements onely, as when question is of the exchange of things, then no doubt should in such priuat iudgements be seene, but all the question should consist in fact on∣ly: so that no place should be left for the opinion of the judges, neither yet for equitie, things being holden and shut vp within most strict and strait lawes: which wee said could not be done, and if it could, yet will we forthwith shew the same to bee most vnfit and absurd. But yet first let vs shew, that publike iudgements neither can nor ought to be handled or made according to the Geometricall lawes or proportion of Iustice. Which neuer to haue bene before done, is manifest by all the lawes which carry with [ E] them amercements or fines, which are to be found in the laws of Draco, Solon, or of the Twelue Tables: as also by the lawes and customes of the auntient Saliens, Ripuaries, Saxons, English, and French men, where almost all the penalties are pecuniarie, and the same fines most often indifferently set downe as well for the rich as for the poore, ac∣cording vnto equall Arithmeticall Iustice. All which lawes were to be repealed if pe∣cuniarie amercements and fines were according to the opinion of Plato, after the Geo∣metricall proportion of Iustice, to be of the offendors exacted. These words also, Ne magistratibus mulctam poenamue lenire liceas, That it should not bee lawfull for the ma∣gistrat to mitigat the fine or penaltie: a clause most commonly annexed vnto all pe∣nall

edicts and laws; were to no purpose, but to be quite omitted, & the matter left vn∣to [ F] the discretion of the magistrat, at his pleasure to aggrauat or ease the fine or penaltie. Yea that law common vnto al nations, whereby it is prouided, That the partie condem∣ned not hauing wherewith to pay the fine due for the fault by him committed, should satisfie the same with corporall punishment to be inflicted vpon him, were also to bee abrogated and taken away.

But here perhaps some man will obiect & say, It to bee great iniustice to condemne a poore man in a fine of 65 crownes, for a foolish rash appeale by him made vnto any the higher courts (as the maner with vs is) and yet to exact no greater fine for the same offence of the richest of all. For why, Geometricall proportion of Iustice, which exa∣cteth sixtie crownes for a fine, of him which is in all but worth an hundred crownes, re∣quireth [ G] threescore thousand crownes of him which is worth an hundred thousand crownes. For that the like Geometricall proportion is of threescore to an hundred, that is of threescore thousand to an hundred thousand. Thus we see the rich man by Geo∣metricall proportion of Iustice, to be much more grieuously fined than the poore: and so contrariwise the Arithmeticall proportion of Iustice, in the imposing of penalties and fines, to be the meanes for the rich to vndoe the poore, and all vnder the colour of iustice. Which inconueniences our auncestors foreseeing, by laws gaue leaue vnto the judges, beside the ordinarie fines, to impose extraordinarie fines also vpon offendors, if the weightinesse of the cause so require: which maner of proceeding the antient Greeks also vsed, calling this extraordinarie manner of amercement or fine, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, [ H] as Demosthenes writeth, and which is yet vsed by the Roman lawes: which draweth very neere vnto the true Harmonical Iustice, if by the same lawes it were permitted vn∣to the judges, or at leastwise vnto the soueraigne courts to deminish also the fine, ha∣uing regard vnto the equalitie and condition of the poore and simple, as they alwayes do in the parliament at Roan. And whereas the receiuers of the fines requested of the the king, That it might bee lawfull for the judges to encrease, but not to diminish the fines imposed vpon such as should rashly appeale▪ Liso•…•…res the President, and D, Amours the kings Attourney, were deputed & sent from the parliament at Roan vnto the king, to make him acquainted with diuers things concerning the demaine, & generall refor∣mation of Normandie (wherein I then was a partie for the king) and amongst other [ I] things, to request him, That it might please his maiestie, not to constraine them to con∣demne all such as should rashly appeale vnto the superiour courts, in the selfe same fine of threescore pound Paris: which vnto me seemed a thing vnreasonable, hauing also in antient time before bin done, by an edict of the emperor Claudius. In which doing the true Harmonicall Iustice should be obserued and kept, which in part equall, in part sem∣blable, are alike; there should be an equalitie betwixt men of the middle sort of wealth, according to the Arithmeticall proportion of Iustice: and a Geometricall proportion also betwixt the great lords and the poorer sort: Whereof the former should in this case be left vnto the disposing of the law, and the other vnto the conscience and discre∣tion of the judges. For there is nothing more vniust, than the perpetuall equalitie of [ K] fines and punishments. For proofe whereof let the law but lately made by king Charls the ninth concerning apparell, serue for an example: whereby a fine of 1000 crownes was imposed vpon all such as should either much or little transgresse the same, without respect of any the offenders abilitie, age, or condition: with prohibition for the judges in any sort to mitigat or lessen the same. Which law concerning all men in generall, and yet made by Arithmeticall proportion of Iustice, was shortly after by the iniquie of it selfe rent in sunder, and by the magistrats themselues, as well as by other priuat men neglected. Whereas the law of Philip the Faire concerning apparell was much

more iust and indifferent, as neere approaching vnto Harmonicall Iustice: and ap∣pointing [ A] diuers punishments, according to the diuersitie of the offendors; as vnto a Duke, an Earle, a Baron, and a Bishop, a fine of an hundred pound, the Banaret fiftie pound, the Knight and pettie Landlard fortie, Deanes, Archdeacons, Abbats, & other clarkes, hauing dignities or ecclesiasticall preferments, 25 pound: vnto the other lay men offending, of what estate soeuer they were, if they were worth a thousand pound, was appointed a fine of twentie fiue dound: and if they were worth lesse, they were to pay an hundred shillings: the other clearkes without dignitie or promotion, were they secular or religious that offended against the law, paid the fine of an hundred shillings, as did the others, Wherein we see vnequall punishments appointed for per∣sons vnequall, following therein Geometricall Iustice: and yet for all that we see also [ B] equall punishments for persons vnequall, following therein Arithmeticall Iustice: and both the one and the other so mixt together, as that thereof ariseth also that Harmoni∣call Iustice which we so much seeke after. The same proportion is obserued in the law, allowing of euery mans apparell and attire also: as where it is said, That no woman ci∣tisen should weare a chaine: also that no bourgesse or common person of either sexe, should weare any gold or pretious stones, neither girdles of gold, nor any crowne of gold or siluer, or any rich furres; which is not forbidden the nobilitie, and yet in them also there is some difference: as in that it is said, That the Duke, the Countie, the Ba∣ron, which hath six thousand pound land, may make themselues foure new sutes of ap∣parell in a yeare, but no more; and their wiues as many: and gownemen, and clearkes, [ C] which haue no dignities nor preferments, should not make them gownes of cloath a∣boue sixt•…•…ene shillings the elne Paris; & for their followers not aboue twelue shillings. Many other such like articles there were, and yet was there no mention neither more nor lesse either of silke or veluet, or other such like thing. So that hee which would in penall lawes particularly keepe Geometricall Iustice, in setting downe the penalties ac∣cording to the equalitie of the offences, and abilitie of the offenders, shall neuer make penall law: For that the varietie of persons, of facts, of time, and place, is infinit and in∣comprehensible; and such as should alwaies present vnto the judges, cases stil much vn∣like one of them vnto another. So also the perpetuall equalitie of penalties according [ D] to Arithmeticall proportion, is as vniust and vnreasonable, as if a Physitian should pre∣scribe the same medicine to all diseases: as is to bee seene by the lawes of the Romans concerning the charges to be bestowed at feasts & banquets: wherby the morsels were equally cut vnto all euen alike, and the penaltie also equall without respect of rich or poore, of noble or base: amongst whome yet it had bene no hard matter to haue kept the Geometricall proportion, as neerest vnto true iustice, euery mans wealth beeing with them enrolled in the Censors bookes: whereas with vs at this present it were a thing most hard, or rather impossible so to do▪ as hauing no Censors, by whom mens wealth might be reasonably knowne. But the Popular estate of the Roman Common∣weale still sought after the Arithmeticall equalitie of lawes and penalties. Which equa∣litie the estate being chaunged into a Monarchie, the princes by little and little chan∣ged, [ E] and so moderated the penalties before vpon the nobilitie imposed; as is by the re∣script of Antoninus Pius vnto the gouernour of one of the prouinces to be seene: who had in hold a noble gentleman conuict before him, for murdering of his wife by him taken in adulterie: wherein he willed him to moderat the penaltie of the law Cornelia; and if the murtherer were of base condition, to banish him for euer, but if hee were of any dignitie or reputation, that then it should suffice to banish him for a time.

Now it is a notable difference in termes of iustice, that the qualitie and condition of the person should in iudgment deliuer him from death, who should otherwise haue

bene condemned: for the murtherer sayth the law, ought to be put to death, i•…•… hee be [ F] not a man of some dignitie and honour. And the Law Viscellia willeth that the stea∣lers of beasts, if they bee slaues, should be cast vnto the wild beasts; but if they were freemen, they should be beheaded, or condemned into the mynes: but if they were of any nobilitie, it should then suffice to banish them for a time. In like sort also, that the burners of villages or houses should bee giuen vnto the beasts, if they were men of base condition: but if they were of any noble house, then to be beheaded, or els con∣fined. And generally, the slaues were euer more seuerely punished, than were men by state and condition free: for these were neuer beaten with rods, or with small cudgels, whereas the slaues were still beaten with clubs, or els whipt with whips made of small coards. Howbeit that Plato sayth, That the free Citisen ought to bee with greater se∣ueritie [ G] punished, than the slaue; for that as (sayth he) the slaue is not so well taught as is hee: which his opinion sauoreth indeed of a Philosopher, rather than of a Iudge or of a Lawyer; yea the law of God deliuereth from death the master, who in too seuere correcting of his slaues, shall by chaunce kill him. And therfore it ought not to seeme strange, if the father were by the people of Rome openly stoned, for whipping his son with whippes as a slaue, as Valerius writeth. And indeed amongst free borne men, the Citisen is lesse to be punished than the stranger, the noble lesse than the base, the magi∣strat lesse than the priuat man, the graue and modest lesse than the vicious and disso∣lute, and the souldier lesse than the countreyman. Wee must not (sayeth Labeo the Lawyer) suffer a base fellow to enter an action of fraud against a man of honour and [ H] dignitie: neither an obscure and loose prodigall man against a modest man of good gouernment; yea the auntient Romans neuer condemned any Decurion, or Captain of ten men (for what fault soeuer hee had committed) into the mynes, or to the gal∣lowes. The night theefe sayth the law, if hee shall with weapon stand vpon his de∣fence, is to be condemned into the mynes; but men of reputation and qualitie offen∣ding, to bee onely for a time banished, and souldiers with disgrace cassiered. Neither must wee thinke this Geometricall manner of punishing to haue bene proper vnto the Romans, or to any other people in particular onely, but to haue beene common al∣most vnto all other people also, as namely vnto the French, the Saliens, the English, and the Ripuaries: and yet must wee doe as doe the barbarous Indians, which for the [ I] same offences set downe most grieuous punishments as well for the noble as the base, without any proportion at all; and yet in the manner of the executing thereof make great difference: for of the baser sort they cut off their noses and eares, and for the same offence cut off the noble mens haires, or the sleeues of their garments: a com∣mon custome amongst the Persians, where they whipped the garments of the condemned, and in stead of the hayre of their heads, pluckt off the wooll of their caps.

Neither are wee to stay vppon the opinion of Aristotle, who would Geometri∣call iustice to take place in bestowing of rewards, and diuiding of spoyles: but Arith∣meticall iustice equally to bee executed in the inflicting of punishments, which is not [ K] onely to ouerthrow the principles of Philosophy, which will that things contrarie, as reward and punishment, should be ordered by the same rules, but also the resolution of all the greatest Lawyers and Law-makers that euer were: with whom also the Cano∣nists, the Orators, the Historiographers, and Poets in opinion agree, and haue alwaies more easily punished the noble than the baser sort: (howbeit that the most easie pu∣nishment of all may vnto a noble man seeme most great) that so others may bee the more enflamed vnto vertue, and the loue of true nobilitie, when as they shall vnder∣stand the remembrance of the infinit rewards of the vertue of most famous men, and

such as haue well deserued of the Commonweale being also dead, yet still to redound [ A] vnto their posteritie. But here I measure nobilitie by vertue, & not by mony, the flowre of youth, the princes fauour, or euill meanes whatsoeuer obtained. The auntient nobi∣litie of M. Aemilius Scaurus (as saith Valerius) saued his life euen in flourishing time of the Popular estate: which respect of nobilitie was yet much better kept after the change of the estate; for then they began by little and little to behead the nobilitie with a sword, after the manner of the Northerne people, in stead that the Romans before vsed the hatchet in the execution of all sorts of men. And for that the Centurion sent to execute Papinian (the most famous lawier, Traian the emperours neere kinsman, and before proclaimed the defendor both of the emperours and of the empire) had with an hatchet cut off his head, he was therefore sharply reproued by the emperour Caracalla, [ B] telling him, That he ought to haue executed his command with a sword, as which had lesse paine, and also lesse infamie. Wherein Gouean the lawyer was deceiued, who wri∣teth more griefe to haue bene in the execution with the sword, than with the hatchet, Men die (saith Seneca) more easily with no kind of death, than being beheaded with the sword. And by the same reason and proportion of Iustice, hee that wrongeth a noble man is more grieuously to be punished, than hee which wrongeth a common person; & he which doth iniurie vnto a citisen, than he which doth iniurie vnto a stranger. For in the lawes of the Salians, if a Saxon or Frizlander had any way wronged a free borne Salian, he was almost foure times more grieuously fined, than if a Salian had wronged a Saxon or a Frizlander. So also by the lawes of Alphonsus the tenth, king of Castile, a [ C] wrong done vnto a noble man was fined at fiue hundred shillings, and a wrong done vnto a common person at three hundred. And by the like law of Charles the Great, he that had slaine a subdeacon was fined at three hundred shillings, if a deacon at foure hundred shillings, if a priest▪at fiue hundred, if a bishop at nine hundred: which penalties (the authoritie of the bishops being encreased) were doubled. I here speake not of the equitie or iniquitie of these lawes, but vse them onely as examples, to shew that Arith∣meticall Iustice by the lawes of many nations, neither hath had, neither yet ought to haue place, when question is of fines and punishments; and that men of honour, and of marke, ought more easily to be punished, and their iniuries more seuerely reuenged, [ D] than those done to the common sort: wherat they yet oftentimes grudge & murmute, and thinke themselues to be therein greatly wronged. Yea Andrew Riccee a Polonian writeth it to be a great iniustice, That the nobilitie offending are not punished with the same punishment that the common people are; the rich as the poore, the citisen as the straunger, without any respect of degree or persons: than which nothing could bee more absurdly written, of him which would take vpon him to reforme the lawes and customes of his owne countrey and Commonweale. The like complaint was against N. Memmius Maister of the Requests in court, for that he being by the king appoin∣ted judge in the triall of Vlmeus the president, had suffered the man conuicted of most capitall crimes to escape the punishment thereunto due, and yet had condemned his clearke to be hanged, who had but done his maisters commaundement: Which king [ E] Francis vnderstanding, merirly said, Theeues by a wicked consent to releeue one ano∣ther. Howbeit that Memmius a man most famous not onely in his issue, but also for his wealth, honours, vertue, and deepe knowledge in the law, is releeued euen by the equitie of his sentence; whereby he depriued the said president of all his honours and goods, and afterward hauing caused him to bee most shamefully set vppon the pillorie naked, and marked in the face with an hoat yron, to bee banished. But for that his clearke and domesticall seruant, and minister of such his villanies, was but a base and obscure fellow, hauing neither goods nor office to loose, neither much

regard of his good name, he could not otherwise worthily be punished than by death, [ F] hauing so well deserued the same. Whereas had he bene his slaue, he had bene more to haue bene fauoured, for that then he must of necessitie haue obeyed his maister. Nei∣had the president bene so grieuously punished, had he not being a judge, vnto his most base and corrupt dealings ioyned also most shamefull forgerie and extortion, and that in the administration of iustice, which he had as then in keeping. For this prerogatiue hath alwayes by our auncestours bene reserued vnto the nobles, and such as otherwise are in honourable place, That being for any offence or crime condemned to die, they should not therefore be hanged, for the infamie of the punishment: wherein all writers agree. Howbeit that concerning other punishments they are not all of one opinion, Seneca (as we said) accounting heading for the easiest: and the Hebrewes in their Pandects, in the [ G] Title of Punishments, appointing stoning for the most grieuous, the second burning, the third beheading, and the fourth strangling. Howbeit that they deeme him most in∣famous, and by the law of God accursed, which is hanged on the tree.

and in this Bartholus (the famous lawyer) is deceiued, saying, That the manner and custome in France, was to hang the noble or gentlemen condemned: and that that pu∣nishment was not there accounted villanous or infamous, seeing that in his time (which was in the raigne of Philip the Long, about the yeare of our Lord 1318) the nobilitie of Fraunce was as famous and as honourable, as the nobilitie of any place of the world. Yet true it is, that the noble man which is a traytor vnto his prince, deserueth to be han∣ged; so to be more grieuously punished than the base companion, who offendeth not [ H] so much as he, as not so straitly bound to preserue the life and estate of his prince. For the more a man is obliged and bound in fidelitie vnto his prince, the more grieuously he is be punished aboue the common person: Viri fortes (saith Cicero speaking of Ca∣tilin the rebell) acerbioribus supplicijs ciuem pernitiosum quàm acer bissimum hostem coer∣cendum putant, Worthy men (saith he) iudge the daungerous citisen to bee with grea∣ter punishment chastised, than the cruellest enemie that is. And therefore Liuie saith, the fugitiue traytors during the Carthaginensian warre, to haue beene more seuerely puni∣shed, than the fugitiue slaues: and the Roman traytors more sharply than the Latines, who were then still beheaded, but the Roman traytors hanged. Howbeit that in all other offences the Romans were more easily punished than others. For Scipio Afri∣canus [ I] (saith Florius) caused the Roman souldiour not keeping his ranke, to bee beaten with a vine, but other souldiors with a trunchion or cudgell of other sadder wood: the vine (as saith Plinie) being the dishonour of the punishment.

Yet whereas we said, That the punishment of noble men ought to bee more easie than the punishment of the base and obscurer sort, that so others might bee the more stirred vp vnto vertue; it is a common opinion, and almost of euerie man receiued: but not yet altogether true. For that in right Geometricall proportion, the noble man for his offence hauing lost his honour and reputation, is as grieuously indeed punished, as is the base companion that is whipt, who cannot indeed of the honour and reputation which he hath not, loose any thing: as children and women are no lesse hurt with a soft [ K] ferula, than are the strong with cudgels or whips. And therefore Scipio commaunding the Roman souldiors to be beaten with the vine, euen for the same cause for which he commaunded the Latine souldiors to be beaten with cudgels, followed therein the equalitie, or rather the Geometricall proportion of punishment. For which cause Gal∣ba the emperour caused the Gibbet to be painted white, and set higher than the rest, to lessen the paine of a citisen of Rome, complayning that hee should bee hanged as other theeues were: howbeit that he had poisoned his pupill. So if a Physitian or an Apo∣thecarie shall poyson a man, he is more grieuously to be punished than if another man

had done it. And so in the same proportion of iustice, the judge which doth iniurie, the [ A] priest which committeth sacrilege, the notarie or register which committeth forgerie, the goldsmith which coyneth false money, the guardian which rauisheth his pupill, the prince which breaketh his faith and league; and generally whosoeuer offendeth in his owne vocation, and in such things as whereof he is himselfe a keeper, ought to bee therefore the more grieuously punished than others: for that his offence is therein the more grieuous. And therefore Metius the Dictator of the Albans, was by the com∣maundement of Tullus Hostilius, with foure horses drawne in peeces, for hauing bro∣ken his faith with the Romans. And Solon hauing caused his lawes to be published, and sworne by all the Athenians, appointed the Areopagits to be the keepers and interpre∣tors thereof; and if they should breake the same, to pay therefore a statue of gold of the [ B] weight of themselues. Now had Aristotle himselfe neuer so little a while bene a judge, or looked into the lawes of his countrey, he would neuer haue written, That the equal Arithmeticall Iustice were to be obserued and kept in the inflicting of punishments: but that in all things, and especially in matters of punishments, the Geometricall pro∣portion of Iustice were much better and more tollerable; as neerer vnto the Harmo∣nicall Iustice which we seeke after, being partaker of both. Neither by this Harmoni∣call proportion is more fauour shewed vnto the noble than vnto the base, howbeit that vnto many it seeme contrarie. For proofe whereof, let it be, that a rich man and a poore being guiltie of the selfe same crime, the rich man is in shew more grieuously fined than the poore: howbeit that in truth the one is not more heauily fined than the other, but [ C] both of them indifferently according to their wealth and abilitie. There is with vs a most auntient law extant, whereby the poore common persons which make resistance against the magistrat commaunding them to be apprehended, are fined at threescore shillings; but the noble man at a thousand and two hundred. And for that money is more plentie in one place than in another, and in this our age than in antient time, wise lawmakers haue bene constrained to chaunge their pecuniarie punishments or fines, ac∣cording to the varietie of times & places. In the flourishing time of the Roman Com∣monweal, & namely vnder Traian the emperor (who is reported to haue extended the bounds of that great empire farthest) he was by the law accounted a poore man, which was not worth fiftie crownes, that is to say a crowne of gold. Which decision of the [ D] Romans, the Hebrewes in their Pandects following, haue forbidden all them that are so much worth to begge. The customes of Fraunce in many places, call him a poore man, who with two or three witnesses of his owne parish, hath sworne himselfe to be poore.

But when the lawes of the Twelue Tables were made, the pouertie of men was so great, as that he was accounted a right rich man, which was worth a pound of gold. And therefore the Decemuiri by those lawes set downe a fine of twentie fiue Asses, or small peeces of brasse, for him which should with his fist giue any man a blow vppon the face: which was an heauie penaltie (as the world then went) for that it was by Arithmeticall proportion indifferently exacted of all men alike. But after that mens [ E] wealth encreased, one Neratius a rich fellow (as the time then was) and most insolent withall, tooke a pleasure to giue such as he thought good, as he met them in the streets, a good and sound buffet or box; on the eare and so by and by commaunded a slaue, which carried a bagge full of such small coyne after him, to pay vnto him whome hee had so strucken twentie fiue of those small brasen peeces, the •…•…ine set downe in the xii Tables: which was the cause that the law was abrogated, and order taken, that from thenceforth euery man should esteeme the iniurie vnto himselfe done yet with power still reserued vnto the magistrat, to do therein as should seeme vnto him reasonable.

Whereby it was then plainely perceiued and knowne Arithmeticall proportion not [ F] to be good in the imposing of penalties and fines. So also by the auntient customes of the Normans, he that strucke a common person with his fist, was fined at a shilling; but he that strucke him with his open hand, was to pay the fine of fi•…•…e shillings: but were he a gentleman that had receiued such iniurie, he was not to redresse the same by law, but by force of armes and combat: whereby it oftentimes came to passe, that hee which had before receiued the iniurie, was also in the quarrel slaine, without any punish∣ment therfore, and that by the sufferance of the law. The like we may say of the Athe∣nian law, which condemned him in an hundred crownes fine, which should presume to cause a galliard to be daunced in the Theatre: which Demades the Orator well know∣ing, yet to make his playes which he gaue vnto the people more gratious, amongst the [ G] musitians brought in also vpon the stage a dauncing trull there to daunce; yet before she entred, paying the aforesaid fine of an hundred crownes by the law set downe, which was indeed nothing else but a mockerie of the law, and a cause for others also to tread both it and the rest vnder foot. VVhich inconueniences the Polonians to auoid (for that almost all the penalties of their lawes are fines in money) alwaies ioyne vnto their lawes these or like words, Lex haec quia poenalis est annua esto, This law for that it is pe∣nall let it be but for a yeare in force.

But beside these chaunges of penalties and fines, some others haue beene constrai∣ned to chaunge such pecuniarie penalties or fines into corporall, yea euen into capitall punishments also: and that especially when the countrey groweth rich, so that men be∣gin [ H] to contemne the fines, or that the offence groweth too common: in which cases the Hebrew lawyers are of opinion, That the penalties of the lawes are to bee encrea∣sed, and punishment with rigour executed. And therefore the law of the Britons ap∣pointeth theeues to be hanged, yeelding therefore this reason, Ne eorum a•…•…geatur mul∣titudo, Least the multitude of them should be encreased. An vniust law indeed, and the reason thereof foolish; and such a law as by the antiquitie of it selfe is almost growne out of vse, for that it hath no distinction either of place, or of the equalitie of the per∣sons offending, or of the age, or of the sexe, or of the time, or of the felonie committed; but punisheth all felons alike. When as in all executions of punishments, the lighter offences are the more lightly to be punished, yea and oftentimes also pardoned: as on∣ly [ I] in respect of age, the indifferent and equall law would that men should in all iudge∣ments pardon youth, or at leastwise more easily punish it. So ought the judges also more fauourably to chastise women than men: either for that their passions are more vehement than men, or that for want of reason, discretion, and learning, they are lesse able to gouerne their affections: or for that they be more tender and daintie, and there∣fore haue the sharper feeling of punishment than men. Which beeing so, a man may deeme the law of the Venetians vniust, which for the first felonie committed, condem∣neth the woman to be whipt, and marked with an hoat yron; and after that her hand cut off: and for the second offence, to haue her nose and lips cut off: whereas the man by the same law, and for like fact, is to lose but one of his eyes and his hand. By which [ K] law women, contrarie vnto equitie, are more seuerely punished than men: & the means whereby to get their liuing being taken from them, they both haue more occasion to steale than before whilest they had their limmes. Wherefore better it were accor∣ding to Arithmeticall Iustice (howbeit that in matters of penalties it be vniust) to pu∣nish them both alike: or else according to Geometrical Iustice, which commeth much neerer vnto the true Harmonicall Iustice, which hath regard in particular to all the cir∣cumstances concurring. But that law and judge is verie vn•…•…ust, which more seuerely punisheth the tender and feeble, young folkes or women, the sickly or old, than the

strong and lustie. And in briefe all lawes carrying with them penalties certaine, and [ A] such as it is not lawfull for the magistrat according to the exigence of the cause, to mo∣derat or aggrauat, are vniust. Wherein euen the wisest and best experienced may well be deceiued, if they haue not this Harmonicall Iustice still before their eyes. For where is there in the world so great wisedome, so great iustice, such a number of learned law yers, as in the court of parliament at Paris? who yet without any restriction or limita∣tion at all, published a law against falsi•…•…iers and forgers, made by king Francis the first, whereby capitall punishment was appointed for forgerie, whether it were in ciuill or criminall causes, without distinction of forgers, •…•…udges, clearkes, notaries, souldiours, or plaine countrey men. Which law for all that by the wise conniuence of that court is since growne out of vse: howbeit that the penaltie thereunto annexed yet remaineth [ B] to terrifie forgers withall: whome for all that the court punisheth with arbitrarie pu∣nishment, according to discretion, and not according to the rigour of the law, in such sort as that scarcely one of fiftie is condemned to die. For why, the same court shortly after perceiued the intollerable inconueniences and absurdities which that law drew after it, punishing with death him that had falsified but the least scedule of an hundred shillings, as well as him that had falsified the decrees of the court, or the kings seale, or borne false witnesse to condemne the innocent; as also for a meere ciuill cause, where question were but of fiue shillings: and all without regard or difference of persons. Nei∣ther is the law of Venice any better or vpright, which appointeth no lesse punishment [ C] for falsifying and forgerie, than the cutting out of the tongue: without any distinction of the manner of the forgerie, or respect of the degree, sexe, or age of the offendor, or other circumstances whatsoeuer. But the law of Milan sauoureth more of equitie and Harmonicall Iustice: for it willeth, That he which forgeth or falsifieth an act, or bea∣reth false witnesse in a matter which exceedeth not twentie crownes, shall for the first time be condemned in foure times the value, and three dayes shamefully to bee carried about with a paper myter vpon his head: and for the second time to haue his hand cut off: and for the third time to be burnt. But if the cause exceeded twentie crownes, and so vnto the summe of fiue hundred, that then he should for the first time haue his hand cut off, and for the second time be burnt. But if so be that the matter exceeded fiue hun∣dred [ D] crownes, that then the judge for the first time might deale with him according to his discretion, but that for the second offence the forger should be burnt. Wherein both the Geometricall & Arithmeticall proportion of iustice are in some sort mixt, as in the measure and proportioning of the fine: but without any regard of sexe, age, or conditi∣on, which it beseemed a lawmaker especially to haue marked. The law of God (of all other lawes the best) commaundeth the man conuict of false witnesse bearing, to en∣dure so much losse himselfe, as he would haue done hurt vnto the other: as if he would by his false witnesse take from another man an hundred crownes, hee should bee forced himselfe to pay the selfe same summe: or if hee went about by his false testimonie to take away another mans life, that he himselfelfe should therefore loose his owne life: [ E] as for the rest they were referred unto the conscience of the judges. Neither is it enough for this equalitie of punishment to aunswere as did Draco the Athenian lawgiuer, who being asked, Why he appointed death as well for stealing of an apple, as for killing of ones father: aunswered, That he would haue appointed a more grieuous punishment for killing of a mans father, if he had knowne any punishment worse than death. But Lycurgus left all kind of punishment, yea and that concerned euery man else as well in publike as in priuat iudgements, vnto the discretion of the magistrats: whom he doub∣ted not to excell in all fidelitie and integritie, so long as they should keepe his lawes and customes: but yet haply fearing that in restraining of the magistrats power vnto the

strait bonds of lawes and penalties, should so fall into such absurdities and difficulties of [ F] iudgements, as we haue before spoke of: and wherewith they are i•…•… Popular estates, but especially in Italie, much troubled. By the law of the Venetians hee that shall so strike any man, as that he shall draw blood of him, is therefore to pay twentie fiue pound: but if he kill him, he is therefore to be hanged. Which law if it might euery where take place, how many men should we find like vnto Neratius, who vppon such a price would soundly buffe•…•… and bastinado such as they liked not of, as they met them. But how much more wisely did the emperour Adrian in like case take order, appoin∣ting him that went about to kill a man, although indeed he killed him not, to bee there∣fore worthy of death: and yet that he which had indeed slaine a man, without any pur∣pose so to haue done, should be therefore acquited. For that offences are to be weigh∣ed [ G] according to the will and purpose of the offendor, and not according to the euent of the fact: howbeit that the purpose and endeuor is more easily to be punished, than the effect and deed it selfe; and the conceit of a villanie lesse than the villanie it selfe done: wherein all the diuines with the lawyers agree. Howbeit that in truth hee more gree∣uously offendeth against almightie God, which persuadeth another man to do a villa∣nie, than he which doth it: for that beside the wickednesse first by himselfe conceiued, he leaueth also the liuely impression thereof engrauen as it were in another mans hart: whereas he which of himselfe doth amisse, carried headlong with the force of lust or anger, seemeth scarcely to haue bene willing to haue done it: and hee which hath a∣gainst her will enforced an honest woman, whome hee could not otherwise persuade, [ H] yet leaueth her soule and spirit pure and cleane. But judges doe one way punish and consider of offences, and Philosophers another: they punish such offences and trans∣gressions onely as are sensibly to be seene, and which a man may as it were with his fin∣ger touch, and such as trouble the common rest and quiet: but these men (viz. the Philosophers) enter euen into the most secret thoughts & cogitations of mens minds: wherein Sir Thomas Moore, sometime Chauncellour of England, is also deceiued, who maketh the intent equall to the effect: and the will vnto the deed done.

But if an offence be not onely intended, but effected also, and so the effect ioyned vnto the intent; we must not in the punishing thereof vse Arithmeticall proportion of iustice: as in the law of Milan, hee that shall without the citie steale the value of a [ I] crowne or more, is therefore to be put to death; but if lesse, the punishment is left vnto the discretion of the judges: and yet for all that in this realme he is punished with death as a theefe which hath by the high way robbed any man, whether hee had money or none: as I haue indeed seene one hanged for taking but eighteene pence from a trauel∣ler by the high way. The Roman lawes commaund notable theeues and robbers to be hanged, and so left hanging vpon the gibbet: which then was accounted the most grieuous punishment: but they then by the word Latro, vnderstood him whom we cal an Assasin, or Murtherer, which killeth men vpon the high way: but as for him which but robbeth passengers, the law calleth him Grassatorem, and willeth him also to bee condemned to death, but yet not hanged as the murtherer. Which wee haue here [ K] the more precisely set downe, to note the errour of Accursius and some other the lear∣ned lawyers, who call him also Latronem, or a robber, whome the Latines call Furem, or a theefe; making them as it were all one: and hauing in part therein giuen occasion for men to punish theeues with more grieuous punishment than haply were meet and conuenient, viz. with death.

The like absurditie is seene almost in all the lawes of Italie: as in that of Venice con∣cerning theft, which willeth to put out one of his eies which shal steale any thing worth aboue fiue pound, vnto ten; and from ten vnto twentie, to put out one of his eyes, and

to cut off one of his hands: and from twentie vnto thirtie to put out both his eyes, and [ A] from thirtie to fortie to loose his eies & an hand: but if he shall steale aboue the summe of fortie pounds, then to be punished with death. An vnreasonable law truly, not one∣ly for the rigour and hardnesse thereof, and the confused manner of the persons so to be equally punished, but euen in this respect also, that he which hauing the meanes out of a great masse of gold, to steale a thousand pounds, and yet contenteth himselfe with fiftie, shall therefore be punished with death: and hee that breaketh an emptie chest, with an intent to haue taken away a great summe of money if he could, shall yet escape vnpunished. The same punishments almost are also set downe by the law of Parma. Yet hath it oftentimes seemed vnto me a thing right straunge, why some which vse so seuere punishment against theeues, yet punished murders but by fines in money. For [ B] we see plainely, that the paine of death is too cruell to reuenge a simple felonie, and yet not sufficient to restraine the same: and yet the punishment of him that doth both rob and kill, to be but like: in which doing he hath more suretie to commit the murther, as also more hope to conceale the same. So that where the punishment for theft and murder is alike, there it is more saftetie to kill a man, than simply to rob or steale. And yet more straunge and absurd are the lawes of the Polonians, the Danes, the Swedens, and Moscouits, and especially the law of Casimir the Great, king of Polonia, which for the fine of thirtie crownes, acquiteth one gentleman that hath slaine another: and if he haue maimed him of an arme or of a legge, then to bee acquited for fifteene crownes. [ C] But if a base fellow shall kill a gentleman, the fine is double, and if he shall kill a base or common person, the fine is but ten crownes, without any other corporall punishment, although he had laine in wait to kill him. Which impunitie for the killing of men be∣ing suffered, or rather by law allowed, innumerable murders thereof ensued. Howbeit that afterwards the kingdome encreasing in wealth, the penaltie of the law was dou∣bled in the raigne of Sigismund the first, and order taken, that the murderer beeing ap∣prehended, should beside the fine be also kept prisoner in the common gaile for a yere and six weekes. But that which was in that law worst of all, and the head of all mis∣chiefe, was, that after three yeares the offendor might prescribe against the murder by him committed, whatsoeuer it were: neither could the lord which had slaine his vassall [ D] farmer (whome they call K•…•…eton) be therefore either ciuilly or criminally called into question or sued. For a like edict or law made at Milan (at such time as the Torresans held that Seigneurie) whereby it was decreed, That a gentleman might for a certaine fine be acquited for the killing of a base or common person: the common people ther∣with enraged, rise vp all in a mutinie, & hauing driuen out the nobilitie possessed them∣selues of the Seigneurie. As for the author of the law Napus Tarresan, he by them cast in prison, there miserably died eaten vp with lice, and that worthily, for hauing there∣in so much contemned the law of God, which forbiddeth to haue pitie vpon the wil∣full murderer, commaunding him to be drawne euen from his sacred alter and put to death: yet leauing vnto the discretion of the magistrat the manner of his execution, ac∣cording [ E] to the greatnesse of the murder committed; to the end that the equalitie of ca∣pitall punishment common to all murderers by Arithmeticall proportion of iustice, should so by Geometricall proportion be moderated, hauing respect vnto the circum∣stances of the place, of the time, and of the persons, which are infinit. For men right well knowe, that he which wilfully killeth a man (as lying in wait for him) is more grie∣uously to be punished, than he which killeth a man in his rage and choler: and hee which killeth by night, more than he which killeth by day: and he which poysoneth a man, more than he which killeth him with the sword: and the murderer by the high way worse than those: as also he that shhall kill a man in a sacred place, more than in a

prophane: and before his prince, more than in any other place: (which is the onely ir∣remissible [ F] case, by the laws of Polonia) & he that shal kill the magistrat executing of his office, more than if he were a priuat man: and he that shall kill his father, more than he which shall kill the magistrat: and he which shall kill his prince, more than all the rest. Of which varietie of cases ariseth an incredible varietie of capitall punishments to bee vpon the offendors inflicted. The same we may say also of such persons as are still vn∣der the guard and protection of other men, of whome they cannot possibly be aware; as the pupill of his tutor, the wife of her husband, the sicke patient of his physitian; the guest of his hoast, betwixt all whome faith is much more required: in which cases the murderers are still more grieuously to be punished. As in like case the breakers of hou∣ses, and they which by ladders clime into houses by night, deserue to be more seuerely [ G] punished, than such as shall steale in, the doores standing wide open. And therefore in Tartarie and Moscouie the least theft of all is punished with death: for that there are but few townes and houses for them to keepe themselues and their goods in. And in the West Indies, before the comming of the Spaniards, the theefe was still aliue vpon a sharpe stake impaled, for whatsoeuer theft it was. For why, all their gardens and grounds are bounded about but with a thrid, beyond which to passe was accounted a great crime: and yet greater than that it was to breake the thrid; and that in secret also than openly and in euery mans sight. Howbeit that in other crimes, as whooredome, adulterie, incest, and such other like, the offences publikely committed, are more seuere∣ly to be punished, than such as are secret done: for that the euill example and scan∣dall [ H] thereof, is worse than the offence it selfe. Wherein both the diuines and layers all agree.

All these circumstances, with a million of others like of diuers sorts, cannot all after one fashion be cut, or by the selfe same law be iudged, according to the vnequall equali∣tie of Arithmeticall Iustice: neither can they in speciall lawes and articles bee all com∣prehended, were the volume of the law neuer so great: so as is in Geometricall Iustice requisit, which leaueth all vnto the magistrats discretion, without any law at all. And yet for all that is this Geometricall Iustice lesse vniust than the other, which leaueth nothing vnto the power and authoritie of the judge, more than the examination of the fact, and the numbring of a sort of beanes, as at Athens: or of tables of diuers colours, [ I] with letters of absolution or condemnation set vpon them, as at Rome: or of certaine balles and lots, as at Venice: without any power to iudge at all. For why, it is the law, and not the judge, which appointeth the same punishment for all: of which equalitie of iustice ariseth the greatest iniustice, some such being condemned, as deserued much lesse than the penaltie of the law being equal vnto all: and some others againe acquited, which deserued ten times more: besides that, sometimes also diuers most vnlike crimes some great, some lesse, and some almost none at all, are vnder one law passed, and so with the selfe same paine punished. As by seuen articles of the Salique law, robbers, poisoners, adulterers, burners of houses, and such as haue slaine or sold a natural French man, or haue digged vp the bodie of the dead, are all condemned in the selfe same fine [ K] of two hundred shillings. Which law altogether ouerthroweth the foundation of iu∣stice, grounded especially vpon that, That the punishment should still bee equall vnto the offence done. Which the auntients declared by this word, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is to say, The law of Retribution, or of equall punishment: which first written in the law of God, set downe in the lawes of Solon, transcript into the lawes of the Twelue Tables, commaunded by the Pythagorians, practised by the Greeke and Latine cities, and for the antiquitie thereof reuerent; is yet by Fauorinus, Aristotle, and many others, with∣out iust cause impugned; they too grossely taking these words of the law, Atooth for

a tooth, a hand for a hand, and an eye for an eye. For who is so simple, as to think, that he [ A] which hath malitiously put out his eye which had but one, to suffer the like if but one eye be therefore taken from him also? Wherefore hee is to bee quite depriued of his sight, that is to say, requited with like; which cannot be, but by putting out of both his eyes: except the blind man may otherwise be satisfied. As was decreed by the people of Locris, at the request of one which had but one eye, which his enemie threatned to put out, vpon the penaltie therefore to loose another of his owne. Wherefore then to render like for like, is to make him also starke blind, who had made another man blind. So that to requite like with like, is indeed nothing els, but to punish offences with punishments aunswerable vnto them: that is to say, great offences with great punish∣ments, meane with meane, and so little offences also lightly: which they also meant, [ B] when they said, A hand for a hand, a tooth for a tooth, and an eye for an eye. And so the auntient Hebrewes, the best interpretors of God his law, haue vnderstood it, expoun∣ded it, and also practised it: as is in their Pandects to be seene, in the Title of Penalties. Yea Rabi Kanan denieth the law of like punishment to haue any where in the cities of the Hebrewes taken place, in such sort, as that he should haue an eye put out, which had put out another mans eye: but the estimation of the eye put out, was vsually by the discretion of the judges in money valued. For proofe whereof let it be, that before the law of like punishment, there was a law, wherby it was ordained, That if two men fighting, one of them should hurt another, but not yet vnto death, hee which had done [ C] the hurt, should pay the Physitians for the healing thereof. But to what end should he so pay the Physitian, if he which did the hurt were in like sort to be himselfe wounded? It should also thereof folow more absurdly, that many delicat and tender persons, in receiuing of such wounds as he had giuen to others, should thereof themselues die and perish. Besides that also, he which had the harme done him, hauing lost his hand wherewith he should get his liuing, if the others hand were also to be for the same cut off; he so wanting his hand wherewith to get his liuing, might haply so starue. Wher∣fore such a literall exposition of the law of like punishment, by Aristotle and Fauorin deuised, is but vaine and deceitfull. But Aristotle who so much blameth the law of like punishment, is himselfe in such errours entangled as he sought to eschew. For he saith, [ D] That in punishing of him which hath deceiued his companion, or committed adultery, we are not to respect whether he were an honest man, or an euill liuer before or not; but to punish the offence with Arithmeticall equalitie, or Commutatiue Iustice, as hee tearmeth it. But what indifferent equalitie shall that be of the same punishment, if it shall by Arithmeticall proportion be inflicted vpon persons of qualitie and condition so farre vnlike? Or what Shoomaker is so ignorant or foolish, as to shape one fashioned shoo, or of the same last, to euery mans foot? Creditors also in time equall, but in the summe of their debt vnequall, are of the goods of their broken debtor to bee paid by proportion Geometricall: as if thirtie crownes bee made of the goods of the broken debtor; he of the two creditors to whome there is but an hundred crownes due, shall [ E] receiue ten crownes; whereas the other creditor to whome there is two hundred due, shall receiue twentie: who if they were by Arithmeticall proportion to be paid, should each of them receiue fifteene. And yet in this case question is but of a meere ciuill parti∣cular cause resting in exchaunge; which in the opinion of Aristotle, is alwaies by Arith∣meticall proportion to be ordered: which is not onely in this case here propounded false, but euen in all other also, wherein question is of that which vnto euery man pro∣perly belongeth, as we shall forthwith declare. Yet where Aristotle saith in punishing of offences no regard ought to be had, whether the offendor were before good or bad: it sufficiently sheweth him to haue had no knowledge of the order and manner of

iudgements, or of iudiciall proceedings. For why, nothing is more diligently enquired [ F] after by the judges, than what the former life of the partie accused hath bene. Neither is it any new matter, when as the Persians, long before Aristotles time, not only enqui∣red after the whole liues of them which were accused (as yet they still doe) but if their good deserts were greater than their offences, they fully acquited them also: as Xeno∣phon writeth. And for the same cause the theefe taken in the third theft, is almost euery where condemned to die, howbeit that the third theft be much les•…•…e than the first: and so he also which hath the more often offended, is more seuerely to be punished than he which hath more seldome gone astray. Wherein Aristotle is againe deceiued, in that he deemeth a stolne thing ought by Arithmeticall proportion to bee made euen with particular interest of him from whome it was taken or stolne. Whereas the lawes of [ G] Solon, the lawes of the Twelue Tables, and the emperours by their lawes, condemne him which hath stolne any thing, to restore the double or the treble, yea and some∣time foure fold the worth of the thing stolne, beside the perpetuall infamie thereof en∣suing. Yea the law of God willeth, That for an oxe stolne, restitution should bee made •…•…iue •…•…old vnto him from whom he was so stolne: both for that a more profitable beast is not by God giuen vnto man, as also for the necessitie there is to leaue such beasts oft times in the field: where they roaming vp and downe, haue for their more assurance the greater penaltie set vpon them being stolne: and hereunto some other people haue ioyned corporall punishment, yea euen vnto the paine of death.

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

Now all the lawes both auntient and new, with the common course and experience of iudgements, teach vs that Harmonicall proportion of iustice ought as well to take place when question is but of priuat mens right and interest, and so in pure ciuill causes, as well as when question is of penalties and fines: as also that Arithmeticall equalitie and proportion is therein most of all vniust. And therefore Iustinian the emperor pub∣lishing the law concerning vsurie, ordained, That the nobilitie should not take aboue fiue in the hundred, the marchants eight in the hundred, corporations and colledges ten, and the rest six in the hundred: and particularly that none should exact of the hus∣bandman aboue fiue in the hundred. Which law let it seeme in Aristotle his iudge∣ment [ K] vniust, yet doth it carrie a good shew of that Harmonicall Iustice which wee seeke after, tempered of Arithmeticall and Geometricall proportion: Arithmeticall e∣qualitie being therein obserued amongst the noble men, who are all vnder one article comprised, the great, the meaner, and the least: the marchants in another both rich and poore: and the countrey men in another article, howbeit that they much differ one of them from another: and the rest of the sub•…•…ects all in another article beeing of diuers qualities and conditions also: And then the Geometricall proportion shewing it selfe betwixt the nobilitie and the marchants, betwixt the marchants and the colledges, and

againe a certaine of the other subiects compared among themselues, and with their [ A] superiours. And this proportion of Harmonicall Iustice is also in some sort kept, and yet cut somewhat short by the law of Orleans, established by Charles the ninth at the request of the people: whereby the debtor condemned for money too long detained, is bound to pay after eight in the hundred interest vnto marchants, and vnto other lesse; but vnto husbandmen, persons hired, and all sorts of labourers, the double of the money due: both the chiefe points of which law is now growne out of vse, howbeit that it was with the greatest consent of the courts published. For why, that which con∣cerneth euery priuat mans right and interest, consisteth in matter of fact, & not in matter of law; as Paulus the lawyer most wisely aunswered, which his one reason hath euen by the root ouerthrowne all the long discourses of all the interpretors, so diuers and so [ B] vnlike themselues, concerning euery priuat mans right and interest: all which Iustinian the emperour had thought himselfe to haue beene able to haue comprehended vnder one law. And therefore that which toucheth euery priuat mans right and interest how farre it concerneth him, is by our lawes wisely left vnto the discretion of the judges, for that it can no more certainly by positiue law be defined or set downe, than can the great Ocean sea into a small chanell be enclosed or shut vp. But yet the inequalitie is much greater in the law of Venice, which forbiddeth to take interest either in commodities or in money, aboue six in the hundred: which although it be a thing tollerable, and is called of the Latines Vsura ciuilis, or, Ciuill interest: yet is that law not so long agoe made, now againe growne out of vse, and not either publikely or priuatly kept: for that [ C] it in euery respect containing Arithmeticall equalitie, regardeth not the most vnlike condition and qualitie of persons.

And howbeit that in the particular contracts and conuentions, and exchaunge of things, that Arithmeticall proportion of equalitie be best to be liked; yet is it not euen therein alwayes obserued and kept, the very countrey men and labourers, by a certaine naturall reason well deeming, that they ought oftentimes to take lesse for their hier of the poore than of the rich, howbeit that they take as great paines for the one as for the other. So the Surgeon which taketh of the rich man fiue hundred crownes to cut him of the stone, haply taketh of the poore porter no more but fiue: and yet for all that in effect taketh ten times more of the poore man than of the rich: For the rich man being [ D] worth fiftie thousand crownes, so payeth but the hundred part of his goods, whereas the poore man being but worth fiftie crownes, paieth fiue, the tenth part of his sub∣stance. Whereas if we should exactly keepe the Geometricall or Arithmeticall pro∣portion alone, the patient should die of the stone, and the Surgion for lacke of worke starue: whereas now by keeping the Harmonicall mediocritie, it goeth well with them both, the poore man cured with the rich, and the Surgion so gaining wealth, and the other their health. After which proportion euen the judges themselues haue vsed to esteeme their paines, and therefore to demaund their honourable fees: which we see to haue alwayes bene lawfull for them to doe, so that therein they exceed not measure. As I remember it to haue happened vnto a certaine Prouost of Paris, whose name I will [ E] easily passe ouer, who for adiudging the lawful possession of a litigious benefice, hauing for his owne fees set downe thirtie crownes, whereas his duetie was but three, and ap∣peale therefore by the partie grieued made vnto the higher court; was thither sent for; where he being by Ranconet President of the court hardly charged for the wrong by him done: aunswered, That it was a good fat benefice that he had giuen sentence for: and that forasmuch as he did many such things for poore men without any fee at all, that it was but right and reason that the richer when they came should make him an amends therefore in paying of him deeper fees. Whereunto the President pleasantly▪

said, Him in so doing to serue them as his Taylor did him, who tooke of him twice as [ F] much for the making of him a veluet gowne, as he did for making of him one of cloth. So the law of Milan, which appointeth, That the judge may for his fee take the hun∣dred part of the value of the suit, so that hee exceed not two hundred crownes, would seeme vnto Ranconet vniust: euery corrupt judge so without any proportion at all, ex∣torting from all men, what he saw good. For that such the suit may be for a slight mat∣ter but often crowns, as that therein oftentimes more paines is to be taken by the •…•…udge than in a suit of ten thousand crownes: the marchant so still gaining by the rich, what he looseth by the poore.

Wherefore both in making of lawes, and in deciding of causes, and in the whole gouernment of the Commonweale, we must still so much as possible is, obserue and [ G] keepe that Harmonicall proportion, if we will at all maintaine equitie & iustice: wher•…•… as otherwise it will be right hard for vs in the administration of iustice, not to doe great wrong. As doth the law of inheritance, which adiudgeth all vnto the eldest, whether he be noble or base; of auntient time vsed by Lycurgus in the inheritances of the Lace∣demonians, and with vs in the countrey of Caux. Lesse vniust, and yet vniust too, is the law which giueth all the noble mans inheritance vnto his eldest son; and an annui∣tie of the third or of the fift part vnto the younger brethren, for them to haue during their, liues as they doe at Amboise and Aniou; and yet dealing therein more fauou∣rably with the women, who hold that vnto themselues in proprietie, which the yon∣ger brethren haue but for tearme of life. Neither is the custome of the Germans much [ H] lesse vniust, who hauing abrogated the old law, where of Tacitus maketh mention, di∣uide the inheritance equally amongst their sonnes, making the eldest and the youngest both equall in the succession of their inheritance, according vnto Arithmeticall pro∣portion, without any difference of persons at all. But how much more vprightly and iustly hath the law of God dealt herein? which following the Harmonicall proportion of iustice, giueth onely vnto the sonnes the land, and vnto the daughters part of the mouables, or money to marry them with; to the end the houses should not by them be dismembred: and amongst the males allotteth two parts vnto the eldest, and to the rest euerie one of them a part: and the father dying without heires male, the same law commaundeth the women to diuide the inheritance indifferently amongst them, and [ I] yet to marrie with the next of their house or tribe, that the land might not bee carried out of their stocke and kindred. Wherein Geometricall proportion is to be seene be∣twixt the eldest and the rest, as also betwixt the males and the females: and Arithmeti∣call equalitie betwixt the younger brethren, as amongst the daughters also. So when it is said by the law of God, That he which hath deserued to bee chastised or beaten, shall be punished according to the fault by him committed; yet is it by the same law forbid∣den to giue him aboue fortie stripes. Which law is made according to Harmonicall iustice: For why, it is left vnto the discretion of the judge, after such a proportion, to iudge vnto fortie stripes, according vnto the equalitie of the persons and of the offences committed: Wherein the Arithmeticall equalitie is also seene, in that it is forbidden [ K] the magistrat to exceed fortie stripes, the certain number by the law appointed. Wher∣in he that hath the more offended, and yet hath not deserued death, is no more puni∣shed in this respect of fortie stripes, than he which hath lesse offended. Whereof the law yeeldeth this reason, least the partie condemned, lamed with many stripes, should so become vnprofitable both vnto himselfe and the Commonweale. For that it might haue bene obiected, That he which more grieuously offended, was the more grieuous∣ly also to haue bene punished, euen aboue the said number of fortie stripes: howbeit that indeed it is better to stay within a measure, than through too much seueritie to do

any thing vniustly, which vnto vs is a certaine argument drawne from the law of God, [ A] That the true iustice, and the fairest gouernment, is that which is by Harmonicall pro∣portion maintained.

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

Now we haue oftentimes said, and must yet againe say (for that many haue vppon [ D] this rocke suffered shipwracke) that the estate of a Commonweale may oftentimes be the same with the gouernment thereof, but yet more often quite different from the same. For the estate may be Popular, and yet the gouernment Aristocraticall: as in Rome after the kings were driuen out (wee said) the estate of that Commonweale to haue bene Popular, for that then all the soueraigne rights were in the power of the whole people in generall; and yet the manner of the gouernment of that citie and Commonweale to haue bene from the Popular gouernment most farre different. For that the Senators alone enioyed the great benefices, honours, dignities, and places of commaund: all the wayes and entrances thereunto being by the nobilitie holden fast stopt vp against the comminaltie, yea and that so straitly, as that it was not lawfull or [ E] permitted for any of the common sort to marrie with any of the nobilitie; either for any noble woman to marrie but with some one of the nobilitie, but the noble still mar∣rying with the noble, & the base with such as themselues were: and the chiefe and prin∣cipall voyces which were giuen in their greatest assemblies of estate, and most regarded, were still taken by their wealth and yeares. So that the estate being then Popular, and the manner of the gouernment Aristocraticall, according to Geometricall proportion, the people oftentimes reuolted from the nobilitie: neither was the estate euer quiet from ciuill tumults and seditions, vntill that the common people had by little and little

got to be partakers also in the greatest benefices, honours, offices, and places of com∣maund, [ F] that were in the Commonweale: and that it was permitted them also to allie themselues in marriage with the nobilitie, as also to haue their voyces as well as they. And so long as this Harmonical gouernment (that is to say intermingled with the Ari∣stocratique and Popular estate) continued, the Senat yet bearing the greater sway, so long that Commonweale flourished both in armes and lawes; but after that the go∣uernment (through the ambition of the Tribunes) became altogether Popular, and as the heauier weight in a ballance ouerweighed the lighter, all then went to wracke: no otherwise than as when the sweet harmonie of musicke being dissolued, and the har∣monicall numbers altered into numbers of proportion altogether equall and like, ther∣of followeth a most great vnpleasant and foule discord: the like whereof there raised [ G] amongst the citisens neuer ceased, vntill that the estate was quite thereby chaunged, and indeed vtterly ouerthrowne. So may wee also iudge of all other Common∣weales; neither haue wee thereof any better 'example than of the popular estates of the Swissers, which the more that they are popularly gouerned, the harder they are to be maintained, as the mountayne Cantons, and the Grisons: whereas the Cantons of Berne, Basil, and Zuricke, which are gouerned more Aristocratically, and yet hold the Harmonicall meane betwixt the Aristocratike & Popular gouernment, are a great deale the more pleasing, and more tractable, and more assured in greatnes, power, arms and lawes.

Now as the Aristocraticall estate founded vppon Geometricall proportion, and go∣uerned [ H] also aristocratically, giueth vnto the nobilitie and richer sort the estates and ho∣nours: and the Popular estate contrariewise grounded vppon Arithmeticall proporti∣on, and gouerned popularly, equally deuideth the monies, spoyles, conquests, offices, honours, and preferments vnto all alike, without any difference or respect of the great or of the little, of the noble or of the base and common person: So the royall estate also by a necessarie consequence framed vnto the harmonicall proportion, if it be roy∣ally ordered and gouerned, that is to say, Harmonically; there is no doubt but that of all other estates it is the fayrest, the happiest, and most perfect. But here I speake not of a lordly monarchie, where the Monarch, though a naturall prince borne, holdeth all his subiects vnderfoot as slaues, disposing of their goods as of his owne: and yet [ I] much lesse of a tyrannicall monarchie, where the Monarch being no naturall Lord, abuseth neuerthelesse the subiects and their goods at his pleasure, as if they were his verie slaues; and yet worse also when he maketh them slaues vnto his owne cruelties. But my speech and meaning is of a lawfull King, whether he be so by election, for his vertue and religion, by voyce chosen, so as was Numa; or by diuine lot, as was Saul; or that he haue by strong hand and force of armes, as a conquerour got his kingdome, as haue many; or that hee haue it by a lawfull and orderly succession, as haue all (except some few) who with no lesse loue and care fauoureth and defendeth his subiects, than if they were his owne children. And yet such a King may neuerthelesse if he will, go∣uerne his kingdome popularly and by equall Arithmeticall proportion, calling all his [ K] subiects indifferently without respect of persons vnto all honours and preferments whatsoeuer, without making choyce of their deserts or sufficiencie, whether it be that they be chosen by lot or by order one of them after another: howbeit that there bee few or rather no such monarchies indeed. So the King may also gouerne his estate or kingdome Aristocratically, bestowing the honorable estates and charges therein with the distribution of punishmehts and rewards by Geometricall proportion, making still choice of the nobilitie of some, and of the riches of others, still reiecting the base poorer sort, and yet without any regard had vnto the deserts or vertues of them whom

he so preferred; but onely vnto him that is best monyed or most noble. Both which [ A] manner of gouernments, howbeit that they bee euill and blameworthy, yet is this Aristocratique and Geometricall proportion of gouernment much more tollerable and more sure, than is that popular and turbulent gouernment, scarcely any where to bee found, as neerer approching vnto the sweet Harmonicall gouernment. For it may be, that the king to assure his estate against the insurrection of the base com∣mon people, may haue need to strengthen himself with the nobilitie, which come nee∣rer vnto his qualitie and condition, than doth the base artificers and common sort of people, vnto whom he cannot descend, neither with them wel haue any societie at all, if he will in any good sort maintaine the maiestie of his royal estate and soueraigntie, as it seemeth he must of necessitie do, if he shall make them partakers of the most honoura∣ble [ B] charges of his estate and kingdome. But such an Aristocratique kind of gouernment is also euill and dangerous, not vnto the common peaple only, but euen vnto the nobi∣litie & prince also: who may so stil stand in feare of the discontented vulgar sort, which is alwayes farre in number moe than is the nobilitie or the rich: and hauing got some seditious leader, and so taking vp of armes, becommeth the stronger part, and so some∣times reuolting from their prince, driueth out the nobilitie, and fortifie themselues a∣gainst their princes power: as it happened among the Swissers, and in other auntient Commonweales by vs before noted. The reason whereof is euident, for that the common people is not bound by any good accord either with the prince, or with [ C] the nobilitie, no more than these three numbers 4, 6, 7: where the first maketh good accord with the second, that is to say, a fift: but the third maketh a discord, the most irkesome and vnpleasant that may bee, marring wholly the sweet consent of the two first, for that it hath not any Harmonicall proportion either vnto the first or vnto the second, neither vnto both together.

But it may be, and commonly so is, that the prince giueth all the greatest honours and preferments vnto the nobilitie and great lords, and vnto the meaner and baser sort of the people the lesser and meaner offices onely; as to be clearkes, sergeants, notaries, pettie receiuers, and such other meane officers of townes, or of some small iurisdicti∣ons. Wherein he shall so keepe the Geometricall proportion, and Aristocraticall go∣uernment. [ D] Which manner of gouernment for all that is yet faultie, howbeit that it be more tollerable than the former Popular Arithmeticall gouernment, as hauing in it some equall and semblable proportion: For as the office of the Constable is proper vnto a great Lord, so is also the office of a Sergeant vnto a poore base fellow. But forasmuch as there is no sociable bond betwixt the prince and the porter; so also is there not any similitude betwixt the office of the Great Constable and of a Sergeant: no more than there is amongst these foure numbers disposed by proportion Geome∣tricall disiunct, 3, 6, 5, 10: where the two first haue the same reason that the two last haue, and the reason of the first vnto third, is that of the second vnto the fourth: yet the reason of the second vnto the third is discordant and different from the others, and so [ E] disioyneth the extreames, which so maketh an absurd and foolish discord. And so also are the orders of citisens and subiects, disioyned one of them from another, so that no fast or sure band can bee found amongst them. For that the nobilitie thin∣keth it an indignitie for them to bee busied with the small offices of the comminaltie: and the common people againe take it in euill part themselues to be excluded from the greatest honours of the nobilitie. As in Rome it was not otherwise lawfull for any of the nobility, whom they called Patricij, to sue for the Tribuneship, but that first he must renounce his nobilitie, & become a commoner: for as then the Consulship belonged

onely vnto the nobilie, and the Tribuneship vnto the comminaltie. Which power [ F] once granted vnto the people, they forthwith let their weapons fal, and all the sedition & tumults before common betwixt them and the nobilitie ceased: For why, the com∣mon sort thought themselues now equall with the best, wherin the welfare of that citie consisted: whereas otherwise the force of the furious multitude could by no violence haue bin withstood. For what the proportiō was of the Consulship vnto the Tribune∣ship, the same the proportion was of one of the nobilitie vnto a commoner: & againe, the same respect was of a noble man vnto the Consulship, that was of a commoner vn∣to the Tribuneship, in Geometricall similitude. But forasmuch as it was not lawfull neither for a noble man to obtaine the Tribuneship, neither for a commoner to enioy the Consulship, the people was disioyned from the nobilitie, and a perpetuall discord [ G] betwixt the Consuls and the Tribunes still troubled the citie: in such sort, as in these numbers thus placed is to be seene, 2, 4, 9, 18: wherein are found two eights by Geo∣metricall proportion disiunct, and which yet mixed together make the most hard dis∣cord that is possible, by reason of the disproportion which is betwixt 4 and 9, which is intollerable, and marreth all the harmonie. So was there also almost a perpetuall dis∣cord betwixt the nobilitie & the people, vntill that the Consulship, the Censorship, the Pretorship, and the chiefe Benefices, excepting some few, were communicated vnto the people also. Whereas might it with the same moderation haue beene lawfull for the nobilitie to haue obtained the Tribuneship also, yet so as that the number of the commoners in that societie of the Tribunes might yet still haue bene the greater, and [ H] the nobles not enforced to renouce their nobilitie: no doubt but that the estate so Har∣monically gouerned had bene much the more assured, better ordered, and of much longer continuance than it was, by reason of the sweet agreement of the citisens among themselues, and that Harmonicall mixture of the offices and places of authoritie and commaund in the estate and Commonweale: as in these foure numbers by Harmoni∣call proportion conioyned, is plainely to be seene, 4, 6, 8, 12: where the proportion of the first number vnto the second, and of the third vnto the fourth, is a Diapente, or a fift: and againe the proportion of the first vnto the third, and of the second vnto the fourth, is a Diapason, or an eight: and the proportion of the second vnto the third, a Diatessa∣ron, or a fourth: which with a continuall proportion ioyning the first with the last, and [ I] the middle to both, and so indeed all to all, bringeth forth a most sweet & pleasant har∣monie. But it was so farre off, that gentlemen of auntient houses were in Rome recei∣ued into the Tribuneship (if they first renounced not their nobilitie, and caused them∣selues to be adopted by some base commoner) as it was for the base commoners to aspire vnto the Consulship: which they neuer did, except they had before obtained the greatest honours of the field, as did Marius; or else by their eloquence, as did Cicero; or by both together, as did Cato the Censor. Which yet was a matter of such difficul∣tie, as that Cicero boasteth of himselfe vnto the people, That hee was the first new man (now they then called him a new man, who the first of his house and familie had ob∣tained honours) who of them of his ranke had obtained to be Consull: and that the [ K] people vnder his conduct had cut in sunder and for euer after laid open for vertue that honourable place, which the nobilitie had before with strong garrisons holden, and by all meanes shut vp. So that it ought not to seeme strange if the Commonweale were then troubled with the seditions of the people, when as in such a multitude of the com∣mon sort, so few of them euen in Cicero his time aspired vnto those so great honours, the nobilitie of great and auntient houses commonly still enioying of them.

Wherefore it becommeth a good gouernor in a Popular or Aristocratique estate, and especially a wise king in his kingdome, to vse Harmonicall proportion in the go∣uernment

thereof, sweetly intermingling the nobilitie with the comminaltie, the rich [ A] with the poore; & yet neuerthelesse with such discretion, as that the nobilitie still haue a certaine preheminence aboue the base comminaltie. For why, it is good reason that the gentleman excelling in deeds of armes and martiall prowesse, or in the knowledge of the law, as wel as the base common person, should in the administration of iustice, or in the mannaging of the wars, be preferred before him. As also that the rich in all other respects equall vnto the poore, should be preferred vnto such places and estates as haue more honour than profit: and the poore man contrariwise to enioy those offices and roomes which haue more profit than honour: both of them so resting reasonably con∣tented, he which is rich enough seeking but after honour, and the poore man after his profit. For which cause and consideration, the wise Roman Proconsull Titus Flami∣nius [ B] taking order for the Thessalian Commonweale, left the gouernment and soue∣raigntie of the townes and cities by him conquered, vnto them of the richer sort and of best abilitie: wisely deeming, that they would be more carefull for the preseruation and keeping of them, than would the poore, who hauing not much to loose, had no great interest therein. Now if two or three magistrats were to bee chosen, it were better to ioyne a noble man with a commoner, a rich man with a poore, a young man with an old; than two noblemen, or two rich men, or two poore men, or two young men to∣gether; who oftentimes fall out into quarrels betwixt themselues, and so hinder one another in their charges: as commonly it happeneth betwixt equals. Besides that, of such a coniunction of magistrats of diuers state and condition (as wee now speake of) [ C] should arise this great profit, That euery one of such magistrats would seeke to main∣taine the prerogatiue & right of them of their owne estate and such as themselues were: As in our soueraigne courts, and in other corporations and societies also, by our cu∣stomes composed of men of all sorts, we see iustice and right to bee commonly better, and more vprightly vnto euery man administred, than if they wholly consisted of no∣ble men, or of commoners, or of clergie men, or of any one estate alone.

But now in ciuill societies there is no meane better to bind and combine the little ones with the great, the base with the noble, the poore with the rich, than by commu∣nicating of the offices, estates, dignities, and preferments, vnto all men, as well the base as the noble, according vnto euery mans vertues and deserts, as wee haue before decla∣red. [ D] Which deserts both now are & euer were of most diuers sort & condition: so that he which would stil giue the honorable charges and preferments of the estate vnto ver∣tuous and religious men onely, should vttterly ouerthrow the whole Commonweale: for that such vertuous and deuout men are alwayes in number much fewer than the euill and wicked, by whome they might easily be ouercome and thrust out of their go∣uernment. Whereas in coupling the poore vertuous men (as I haue said) sometime with the noble, and sometime with the rich, howbeit that they were deuoid of vertue; yet so neuerthelesse they should feele themselues honoured, in being so ioined with the vertuous, mounted vnto honourable place. In which doing all the nobilitie shall on the one side reioyce to see euen bare nobilitie rspected, and a place for it left in the Com∣monweale, [ E] together with men excelling in vertue and knowledge: and all the baser fort of the common people on the other side rauished with an incredible pleasure to feelethemselues all honoured, as indeed they are, when they shall see a poore Phy∣sitians sonne Chauncellour of a great kingdome; or a poore souldior to become at length Great Constable: as was seene in the person of Michael D' l' Hospitall, and Ber∣trand Guescheling: who both of them, with many others, for their noble vertues were worthily exalted euen vnto the highest degrees of honours. But all the subiects grieue and take it in euill part, when as men neither for the honour of their house, nor for any

their vertues noble, but rather for their loose and lewd liues infamous, shall be placed in [ F] the highest degree of honour and command: not for that I thinke it necessarie the vn∣worthy citisens or subiects to be altogether kept from all offices & places of command (a thing which can in no wise be) but that euen they such vnworthy persons may bee sometimes capable also of certaine offices; prouided alwayes that they bee in number but few, that their ignorance or wickednesse may not take any great effect in the estate wherein they are. For we must not onely giue the purse vnto the trustiest, armes vnto the most valiant, iudgement vnto the most vpright, censure vnto the most entire, labor vnto the strongest, gouernment vnto wisest, priesthood vnto the deuourest, as Geome∣tricall Iustice requireth (howbeit that it were impossible so to doe, for the scarcetie of good and vertuous men:) but we must also, to make an harmonie of one of them with [ G] another, mingle them which haue wherewith in some sort to supply that which wan∣teth in the other. For otherwise there shall be no more harmonie than if one should separat the concords of musique which are in themselues good, but yet would make no good consent if they were not bound together: for that the default of the one is sup∣plied by the other. In which doing, the wise prince shall set his subiects in a most sweet quiet, bound together with an indissoluble bond one of them vnto another, together with himselfe, and the Commonweale. As is in the foure first numbers to bee seene: which God hath in Harmonicall proportion disposed to show vnto vs, that the Royal estate is Harmonicall, and also to be Harmonically gouerned. For two to three ma∣keth

[illustration]

a fift; three to foure, a fourth; two to foure, an eight; [ H] and againe afterwards, one to two, maketh an eight; one to three, a twelft, holding the fift and the eight; & one to foure, a double eight, or Diapason: which containeth the whole ground and compasse of all tunes and concords of musicke, beyond which he which will passe vnto fiue, shall in so doing marre the harmonie, and make an intollerable discord. So may one say of a point to a line, as also of the plaine superfi∣cies, and of the solid bodie also of any thing. Now the soue∣raigne prince is exalted aboue all his subiects, and exempt out of the ranke of them: whose maiestie suffereth no more diui∣sion [ I] than doth the vnitie it selfe, which is not set nor accounted among the numbers, howbeit that they all from it take both their force and power. But the three estates stand orderly disposed as they are, and as they alwayes haue yet beene in euery well ordered Commonweale, viz. the Ecclesiasticall order first for the dignitie which it beareth: & the prerogatiue of the ministerie and function thereof towards God, being yet compo∣sed both of noble and of base. Then after them follow the Martiall men, in whose protection all the rest of the subiects in some sort rest: which order and estate is also composed both of the noble and vnnoble. And in the third and last, are set the com∣mon people of all sorts and vocations, as schollers, marchants, artificers, and labourers: euerie one of which estates hauing part and interest into the offices and honourable [ K] charges of the Commonweale, with great respect and regard still to bee had vnto the merits and deserts, as also vnto the qualitie of the persons, there may therof be formed a pleasant harmonie of all the subiects among themselues; as also of them altogether with their soueraigne prince. Which is also declared, and in some sort figured euen in the nature of man himselfe, being the verie true image of a well ordered Common∣weale: and that not in his bodie onely, which still hath but one head, and all the rest of the members aptly fitted thereunto; but euen in his mind also, wherein Vnderstanding holdeth the chiefe place, Reason the next, the Angrie Power desitous of reuenge, the

third, and brutist lust and desire the last. Whereof the mind or vnderstanding like vn∣to [ A] the vnitie in numbers indiuisible, pure, and simple, is of it selfe free from all concreti∣on, and from all the other faculties of the soule apart separated and diuided: the angry power with desire of reuenge resting in the heart, representeth the souldiors and other martiall men: and sensuall lust and desire resting in the liuer vnder the midriffe, be•…•…oke∣neth the common people. And as from the liuer (the fountaine of bloud) the other members are all nourished, so husbandmen, marchants, and artificers doe giue vnto the rest of the subiects nourishment. And as many men for lacke of vnderstanding liue like beast, smoued with that only which is present and before them, without mounting any higher vnto the contemplation of things intellectuall and diuine, whom the sa∣cred scriptures call also beasts: euen so also the Aristocratique and popular Common∣weales [ B] without vnderstanding, that is to say, without a prince, are in some sort able to maintaine and defend themselues, though not long: being indeed about to become much more happie if they had a soueraigue prince, which with his authoritie and power might (as doth the vnderstanding) reconcile all the parts, and so vnite and bind them fast in happinesse together: for why no gouernment is more happie or blessed, than where the reasonable soule of man is gouerned by wisedome, anger and desire of reuenge by true valour, lust by temperance; and that vnderstanding bearing the rule, and as it were holding the reines, guideth the chariot, whereafter all the rest follow whether soeuer he will lead them: for so all honestie, all the lustre of vertue and dutie shall euery where flourish. But when the power and commaund of vnderstanding bea∣ten [ C] downe and quite ouerthrowne, anger as a mutinous and vnruly souldior, and in∣temperat lust as a turbulent and seditious people, shall take vpon them the gouerne∣ment, and so inuading the state, shake wisedome and vnderstanding, and thrust it out of place: euery Commonweale must needs euen like the powers of the soule and mind needs so fall into all manner of reproch and filthinesse of vices. So that nothing is more like vnto a well gouerned Commonweale, than that most faire and fit compari∣son of the soule and the powers thereof, there being therein so established a most Har∣monicall proportion of iustice, which giueth to euerie part of the soule that which vn∣to it of right belongeth. The like whereof we may say also of the three estates of a Commonweale, guided by Wisedome, Fortitude, & Temperance: which th•…•…ee mo∣rall [ D] vertues vnited together, and with their king, that is to say, the intellectuall and con∣templatiue vertue, there is thereby established a most faire and Harmonicall forme of a Commonweale. For that as of vnitie dependeth the vnion of all numbers, which haue no power but from it: so also is one soueraigne prince in euerie Commonweale neces∣sarie, from the power of whome all others orderly depend. But as there cannot bee good musicke wherein there is not some discord, which must of necessitie be intermin∣gled to giue the better grace vnto the Harmonie (which the good Musitian doth, to make the consent of the fourth, the fift, and the eight, the more pleasing and tunable, some discord running before which may make the consent much more sweet vnto the eare; as do also cunning cookes, who to giue the better tast vnto their good meates, [ E] serue in therewith certaine dishes of sharpe and vnsauerie sauces; and as the cunning painter, to grace his picture, and to giue a better show vnto his brighter colours, still shadoweth the same with blacke, or some other darke colour (for that the nature of all things in the world is such, as to loose their grace, if they tast not sometime of dis∣grace; and that pleasure alwayes continuing becommeth vnsauorie, daungerous and vnpleasant): So also is it necessarie that there should be some fooles amongst wise men, some vnworthy of their charge amongst men of great experience, and some euill and vitious men amongst the good and vertuous, to giue them the greater lustre, and to

make the difference knowne (euen by the pointing of the finger, and the sight of the [ F] eye) betwixt vertue and vice, knowledge and ignorance. For when sools, vitious, and wicked men, are contemned & despised, then the wise, vertuous, and good men, receiue the true reward and guerdon for their vertue, which is honour. And it seemeth the an∣tient Greekes in their fables, to haue aptly shadowed forth vnto vs that which wee haue spoken of these three kinds of Iustice, giuing vnto Themis three daughters, viz. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: that is to say, Vpright Law, Equitie, and Peace: which are referred vnto the three formes of Iustice, Arithmeticall, Geometricall, and Harmonicall: how∣beit that peace which shadoweth forth Harmonicall Iustice, is the onely scope and summe of all the lawes and iudgements, as also of the true Royall gouernment: so as is Harmonicall Iustice the end both of Arithmeticall and Geometricall gouernment [ G] also.

But these things thus declared, it remaineth for vs to know (as the chiefe point of this our present discourse) Whether it be true that Plato saith, God to gouerne this world by Geometricall proportion: For that he hath taken it as a ground, to shew that a well ordered Commonweale ought (to the imitation of the world) to be gouerned by Geometricall Iustice: Which I haue shewed to be contrarie, by the nature of the vnitie, Harmonically referred vnto the three first numbers: as also by the intellectuall power, compared vnto the three other powers of the soule: and by a point compared to a line, a plaine superficies, or other solid bodie. But let vs goe farther, for if Plato had looked neerer into the wonderfull Fabrike of the world, hee should haue marked that [ H] which hee forgot in his Timeo, viz. The Great God of nature to haue Harmonically composed this world of Matter and Forme, of which the one is maintained by the helpe of the other, and that by the proportion of equalitie and similitude combined & bound together. And for that the Matter was to no vse without the Forme, and that the forme could haue no being without the matter, neither in the whole vniuersall, nei∣ther yet in the parts thereof: he made the world equall to the one, and semblable to the other: equall vnto the matter whereof it is made, for that it comprehendeth all: and semblable or like vnto the forme, in such sort as is the Harmonicall proportion com∣posed of the Arithmeticall and Geometricall proportions equall to the one, and sem∣blable to the other, being one of them separate from another vnperfect. [ I]

[illustration]

And as the Pythagorians sacrificed the great sacrifice Heca∣tombe, not for the sustendure of the right angle, which de∣pendeth of the two sides (as many thinke) but for hauing in the selfesame figure found the equalitie and similitude of two other figures, the third figure being equall vnto the first, and like vnto the second: so do we also owe the immortall euerla∣sting sacrifice of praise and thanksgiuing vnto almightie God, for that he hath by an admirable bond of Harmonie, bound together this world of matter and forme, equall to the one, and like to the other: equall indeed to the matter, so that there is nothing thereof wanting, or yet superflu∣ous: [ K] but yet like vnto that euerlasting forme, which he the most wise workeman had in his mind before conceiued, before he made that so great and excellent a worke: as we read in the holy * Scripture.

And as for the motion or mouing of the celestiall Spheres, wee see that God hath made one motion equall, which is the swift motion of the superiour Sphere: and ano∣ther vnequall, which is the motion of the Planets (contrarie vnto the former:) and the third the motion of Trepidation, which containeth and bindeth together both the one and the other. And so if we should enter into the particular nature of other world∣ly

creatures also, we should find a perpetuall Harmonicall bond, which vniteth the ex∣treames [ A] by indissoluble meanes, taking yet part both of the one and of the other. Which coherence is neither agreeable vnto Arithmeticall nor Geometricall, but euen proper vnto the Harmonicall proportion onely: wherein the sweetnesse of the con∣sent consisteth in tunes aptly mixt together: and the harsh discord, when as the tunes are such as cannot fitly be mingled together. So we see the earth and stones to be as it were ioyned together by clay and chaulke, as in meane betwixt both: and so betwixt the stones and mettals, the Marcasites, the Calamites, and other diuers kinds of mine∣rall stones to grow: So stones and plants also to be ioyned together by diuers kinds of Corall, which are as it were stonie plants, yet hauing in them life, and growing vppon roots: Betwixt plants and liuing creatures, the Zoophytes, or Plantbeasts, which haue [ B] feeling and motion, but yet take life by the roots whereby they grow. And againe be∣twixt the creatures which liue by land onely, and those which liue by water onely, are those which they call Amphibia, or creatures liuing by land and water both, as doth the Beuer, the Otter, the Tortoise, and such like: as betwixt the fishes and the fouls are a certaine kind of flying fishes: So betwixt men and beasts, are to bee seene Apes and Munkies; except we shall with Plato agree, who placed a woman in the middle betwixt a man and a beast. And so betwixt beasts and angels God hath placed man, who is in part mortall, and in part immortall: binding also this elementarie world, with the hea∣uens or the celestiall world, by the aethereall region. And as a discord sometimes (as we said) giueth grace vnto the sweetest Harmonie▪ so God also hath here in this world [ C] mingled the bad with the good, and placed vertues in the middest of vices, bringing forth also certaine monsters in nature, and suffering the eclipses and defects of the cele∣stiall lights: as also the Surd reasons in Geometricall demonstrations: to the end that there of might arise the greater good, and that by such meanes the power and beautie of Gods workes might be the better knowne, which might otherwise haue beene hid and folded vp in most thicke and obscure darkenesse. And therefore it is, that God ha∣uing hardened Pharaoes heart, which the wise Hebrewes expound to be the enemie of God and Nature, saith thus vnto him, Excitaui ego te vt demonstrarem in te ipso poten∣tiae meae vim ac decus, vt toto terrarum or be gesta mea omnium vna commemoratione prae∣dicarentur, [ D] I haue stirred thee vp (saith he) that I might in thee declare the force & glo∣rie of my power, that so all my acts might with one report of all men bee praised throughout the whole world. And these things truely belong vnto the most true re∣port of the things then done in Aegypt: but there lieth hidden therein a more diuine meaning than that, concerning the great Pharao, the worker and father of all mischiefe, whome the sacred Scriptures declare by the name of Leuiathan: and yet in this all the diuines agree, this of all others the greatest enemie of God and man, to bee still by the becke, word, and power of God, kept in and restrained: and all the force and power of those mischiefes and euils by him and his wrought (which we so much both fret and maruell at, and without which the power of the good should neither bee, neither yet be at all perceiued) to be shut vp within the bounds of this elementarie world: and a∣boue [ E] the same to be nothing but that which is holy and cleane from all filth and wic∣kednesse; in such sort, as that that little staine of euils here shall much more profit than hurt. Whereof Augustine speaking, saith well, Qui Deum immortalem vllum mali de∣decus perpessurum negat, nisi maius bonum consequi certo sciret, Who denieth that the immortall God would euer suffer any euill or wickednesse to bee done, but that hee most certainly knoweth a greater good to ensue thereof. Wherefore as of Treble and Base voyces is made a most sweet and melodious Harmonie, so also of vices and vertues, of the different qualities of the elements, of the contrarie motions of the cele∣stiall

Spheres, and of the Sympathies and Antipathies of things, by indissoluble [ F] meanes bound together, is composed the Harmonie of the whole world, and of all the parts thereof: So also a well ordered Commonweale is composed of good and bad, of the rich and of the poore, of wisemen and of fools, of the strong and of the weake, allied by them which are in the meane betwixt both: which so by a wonderfull disa∣greeing concord, ioyne the highest with the lowest, and so all to all, yet so as that the good are still stronger than the bad; so as hee the most wise workeman of all others, and gouernour of the world hath by his eternall law decreed. And as he himselfe be∣ing of an infinit force and power ruleth ouer the angels, so also the angels ouer men, men ouer beasts, the soule ouer the the bodie, the man ouer the woman, reason ouer af∣fection: and so euery good thing commaunding ouer that which is worse, with a cer∣taine [ G] combining of powers keepeth all things vnder most right and lawful commands. Wherefore what the vnitie is in numbers, the vnderstanding in the powers of the soule, and the center in a circle: so likewise in this world that most mightie king, in vni∣tie simple, in nature indiuisible, in puritie most holy, exalted farre aboue the Fabrike of the celestiall Spheres, ioyning this elementarie world with the celestiall and intelligible heauens; with a certaine secure care preserueth from distruction this triple world, bound together with a most sweet and Harmonicall consent: vnto the imitation of whome, euerie good prince which wisheth his Kingdome and Commonweale not in safetie onely, but euen good and blessed also, is to frame and con∣forme himselfe. [ H]

Notes

• The commendati∣on of censuring, or estimating the subiects estates.
• Censors vsed by the Greeks and Romans. Liu. ann•…•… 310▪ ab v. c.
• Caesar and Augu∣stus were both created Ceniors.
• Lustrum.
• Censors in effect created at Venice.
• Censors not to be wanted in a well ordred common∣weale.
• Num. 1. 2. 3. 4. 21. 26.
• The numbring of the people ap∣poynted by God.
• The number of the Israelites.
• Exod. 120
• The profit that may be gathered by the numbring of the people.
• A meanes to cut off sutes.
• The citisens estates are knowne by the Censors.
• The citisens order is knowne.
• It expels vaga∣bonds & idle per∣sons out of an estate.
• A means to equall the charges and imposts according to euery mans estate.
• A meanes to auoid concussion and fa∣uour in them that make deuision of the subiects.
• A notable answere of a Tribune.
• The Censor hate full to the wicked
• The opinion of the auntients tou∣ching Censors.
• The charge of the auntient Censors.
• The Censors re∣formers of abuses.
• The greatest viees are punished by the Censors.
• A necessarie rea∣son to confirme the Censors office.
• Commedies and playes pernitious to a common∣weale.
• Two meanes to maintaine a citie.
• The Censors ought to haue no iurisdiction.
• The Censors haue no power not iu∣risdiction.
• L. 1. de ijs qui n•…•…∣tant infam.
• A censure is no iudgement.
• Pro Cluentio▪
• Caesarin Coment▪
• 〈◊〉〈◊〉. 17.
• The pouertie and contempt of the ministers makes religion to bee contemned.
• Mony the sinewes of a Common∣weale.
• Polib. l. 6. de milit. ac domest. Rom. disciplino.
• War is not main∣tained by a diet.
• Seuen meanes to gather treasure.
• Reuenues the chiefest meanes to make a trea∣sure.
• The deuision of the lands about Rome.
• The first begin∣ning of publike rents.
• The publike reue∣nues by nature are inalienable.
• Nulla preseriptia occurrit Regi.
• Plut. in Catone Censorie, & The∣mist.
• L. si secundum C. de 〈◊〉〈◊〉 Reip.
• The publike re∣•…•…nues and the princes patrimony differ.
• Asconius et vlp. in l. 2. §. hoc interdi∣ctum. Ne quid in loc•…•… pub.
• By the edict of Francis 1, in the yeare 1544.
• The great prei•…•…∣dice that comes by publike sales.
• The waste lands may be sold.
• 7. May 1566.
• In the yeare 1559
• In the yeare 1572
• What the aliena∣tion of the reue∣nues of Fraunce amount vnto. A liure is two shillings.
• The reuenues of the realme of England. Herein the Author is deceeiued.
• In a popular state the reuenues are ill husbanded.
• The second means to gather treasure.
• The punishment of the vanquished.
• The great benefit which growes by Colonies.
• Pessimus diutur∣•…•… custos est metus.
• The Turks order to make many, & for the warre.
• The Emperors or∣der at Peru.
• The third meones to gather treasure.
• The magnificence of the Emperours of Turky.
• A good policie of the Rhodiots.
• Ioseph in anti•…•….
• Six kingdomes gi∣uen to the Ro∣mans by legacie.
• Voluntary gifts of the subiects.
• Seruice of Spaine.
• The reuenues of the realme of Per∣sia vnder the first Darius.
• The custome of Aethiopia.
• The fourth means to gather treasure.
• Who bee tribu∣taries.
• The difference of a pension and tribute.
• The Swissers pen∣sions came to 14000. pound sterling a yeare.
• 21800 pound.
• 12300 pound.
• Plut in Lisand▪ & Agesilao.
• Whereunto pensi∣oners are bound.
• 4929 pound 4 shillings.
• Plut. in Pericl.
• The fift meanes to gather treasure.
• The traffike of the kings of Portugal
• The Gentlemen of Italie trade in marchandi•…•…e.
• The tyrannicall and ba e traf∣fique of king Alphonso.
• The most per∣nitious traffick.
• The sixt means to make money.
• Anno 1551. 1556.
• The mynes of Fraunce are ne∣uer wasted.
• Impost in Eng∣•…•…and vpon wine.
• No raw stuffs to be transported▪
• A trade forbid∣den to the sub∣iects, and allow∣ed to strangers, is the ruine of a countrey.
• The seuenth means to make money.
• The honestest means in time of publicke ne∣cessitie to make money.
• Ceassing vsed in old old time▪
• Liuius lib. 26.
• Detestable in∣uentions of a ty∣rant.
• Three kindes of impositions.
• •…•…. Lewis his te∣stament.
• No Prince can lay any subsidie vpon his sub∣iects without their consents.
• The beginning of the custome of salt.
• Liuius lib. 2.
• The tribute of the twentieth part most plea∣sing.
• The tenths of the subiects fruits was the first tribute.
• Inuenters of new impositi∣ons most com∣monly slaine.
• All Impositions are not to be a∣bolished.
• Abundance of gold and siluer hath made things deere.
• The great trea∣sure taken at thy Conquest of Peru.
• The Reuenewes of France vnder Charles 6. & 9.
• The Lord of Ieinuisle in the life of Lewis. 9.
• The reuenewes of Egypt vnder Ptolomie.
• The Turks re∣uenewes.
• The reuenewes of the Du•…•…e of Florence.
• The reuenewe•…•… of the Atheni∣ans.
• Plut▪ in Themist▪
• The French cō∣temne the com∣mon people.
• Taxes must be reall to ea •…•… the poore.
• Vniust distribu∣tion of subsidies in France.
• Not pennie far∣thing.
• Iauelleur or Gabelleur.
• What impost is most honoura∣ble, profitable, and necessarie.
• The wisedome of the emperor Augustus.
• An impost vpon sutes.
• The cause of many sutes in France.
• The extorsion of Caligula.
• Interdum & de vectigal.
• A soulz is not a pennie farthing.
• 625000 pounds starling.
• In France there are but 27400 parishes.
• The aduise of Ierosme Laski for the heaping vp of treasure.
• The mounts of pietie •…•…n Italie honest and pro∣fitable.
• A commenda∣ble institution made by Anto∣ninus Pius.
• Tranquil. in August.
• A forfeiture of the double for∣bidden by the law. •…•…. pecun. de vsur.
• The ruine of princes is to take vp at inte∣rest.
• The originall of the banke of Lion.
• The Bashas of Turquie had money at inte∣restin the bank at Lion.
• The policie of Italian vsurers.
• Antient laws a∣gainst▪ Italian vsurers.
• The debts of king Henrie the second.
• The debts of Spaine.
• Means to assure the estate of a desperat prince.
• Means to em∣ploy the trea∣sure.
• The charity of the kings of Fraunce to the poore.
• The souldior must be payd to preuent all thefts and inso∣lencies.
• The benefit of reparations and fortifications.
• An infinit trea∣sure in the citie of Athens.
• Demosthenes in 〈◊〉〈◊〉.
• Plut. in Pericle.
• Idlenesse se∣uerely punished
• A thousand mil∣lions of crowns.
• A tyrant builds with the bloud of his subiects.
• The strange prod•…•…galitie of Nero and Ca∣ligula.
• Articles of par∣ties casuall in the yeare 1572.
• A prince should haue a list of matters of state and of his chefe men.
• The diligence of Augustus.
• Good •…•…s a∣brogated.
• The reuocati∣on of excessiue g•…•… is necessa∣rie.
• Bounty not fit in a poore p•…•…ince.
• An infinit masse of money giuen to a woman.
• The bounty of great King Frauncis.
• Re•…•…nation of treasure.
• The treasure of the Romaines called Sanctius ac•…•…arium.
• The Turks trea∣s•…•….
• The means how to keepe trea∣sure.
• Isaie 30.
• Deut. 17.
• 22. Paralip. 〈◊〉〈◊〉. 1. The greatest treasure that euer was.
• The treasure of the Romaines.
• The reuenews of Fraunce vn∣der Charles the 5, 6, 7, Lewis the 11, and Charles the 8.
• Diminution of halfe the cha•…•…ge at the comming of Charles 8.
• The basenesse of Lewis the eleuenth in his apparell.
• Anno 1566. 20 Maie.
• The right of the offices of the chamber of ac∣counts.
• Erection of the chamber of ac∣counts.
• An offer made by the estates of▪ •…•…anguedoc, to king Henry th•…•… 〈◊〉〈◊〉.
• A meane to make deceiuers true and iust.
• The order of the receit in Turkie.
• Daungerous to a state to alter the coine.
• The prince can∣not alter his coyne.
• Covnes should be simple with∣out any mixture.
• Archimides error in triall of mettals.
• Drachma Attica seuen pence starling.
• The French copy saith 8000.
• Fest. lib. 17. in verb. sestertius.
• 18. lib. 10. sh.
• 31. sh. 6. d. starling.
• A wonderfull masse to guild the Capitoll,
• 8. lib. starling.
• 16. 〈◊〉〈◊〉.
• A Liure is two shillings starling
• 4. sh. 2. d. ob.
• Billon.
• 25. Millions of Liures.
• Billon.
• Esc•…•…arcetes, & •…•…blages.
• Billon.
• 28. sh. starling.
• Billon.
• Reasons for a Popular estate.
• Reasons against a Popular estate.
• A Popular e∣state condemned of many great men.
• The Grisons as∣sembled euery two yeares.
• A multitude is a∣mazed in danger.
• A multitude can∣not maintain•…•… a maiestie.
• The end of Po∣pular estates, is to banish vertue.
• Xenophon giues a true iudgement of a Popular estate.
• Impunitie of vice in a Popu∣lar estate.
• The most vertu∣ous are banished, and •…•…he wicked escape, in a Po∣pular estate.
• Popular estates exceed in all li∣centiousnesse.
• Pericles and Lau▪ rence de Medicis, Monarchs of Athens, and Flo∣rence.
• A Popular estate is preserued by a few wisemen.
• Corruptions common in Po∣pula•…•… estates.
• The reasons why the Swissers▪ maintaine their Popular estate.
• Bias.
• Taking away the proprietie of goods, we ouer∣throw a Com∣monweale.
• Wisdome is not equ•…•…ll in all men, to impart offices equally.
• A rule in Popu∣lar states.
• An error in equalitie.
• All nations haue need one of another.
• Equalitie and friendship are incompatible.
• A Popular estate a pernitious ty∣ranny, i•…•… not wisely gouerned.
• Generall assem∣blies are dange∣rous in Popular estates.
• Reasons for an Aristocraticall estate.
• The gouernment of a Common∣weale must be giuen to them that haue the most interest in the preseruation thereof.
• Many comman∣ders, cause many factions.
• Those Aristo∣craticall estates most durable, that haue fewest lords.
• No councell in any estate hath any power to command.
• Platoes argu∣ment captious.
• The estate of few lords, is the estate of •…•…ew ty∣rants.
• In all colledges, corporations, & states, the grea∣test number car∣ries it.
• Anno. 1543. The princes spirituall of the empire, are more in number than the temporall.
• The cause that doth most ruine Aristocraticall estates.
• The comman∣ders in an Ari∣stocraticall estate are in continuall feare and distrust
• How the estate of Venice 〈◊〉〈◊〉 bene preserued.
• Gianot. Donat. de Repub. Vene•…•….
• Anno. 1506. The estate of Genes, and the change thereof.
• The cause of fa∣ctions at Genes.
• The ground and support of an Optimacie.
• The best kind of Optimacie.
• The discommo∣dities of a Mo∣narchie.
• Plato lib. 4. de Legib. Mutati•…•…∣nes in republica putat esse 〈◊〉〈◊〉.
• Isaie. cap. 5.
• The tutors to Monarchs do of∣tentimes make thmselues abso∣lute Lords.
• Plutar. in Licur.
• Po•…•…ib. lib. 7.
• Soueraigntie al∣tereth the h•…•… mors of princes.
• Comparison of dangers.
• Commodities of a Monarchie.
• In Popular and Aristocraticall estates the les∣ser part is always ouerruled by the g•…•…eater, the which is contrarie in a Monarchie.
• Liuie lib. 3. Lib. 2. Lib. 7. Lib. 4.
• Li•…•…is lib. 22.
• Lib. 6.
• Lib. 5.
• Li•…•…e lib. 2.
• Dionys. Hali•…•…. lib. 6.
• Plurium 〈◊〉〈◊〉 bell•…•… 〈◊〉〈◊〉 vtil•…•….
• An antient opi∣nion of the Affri∣c•…•….
• Plut. in Aristid•…•….
• One soueraigne commander most necessarie.
• Aliud est consu∣lere aliud imp•…•…∣rare.
• One body can∣not haue many heads.
• The lawes of ho∣nour are in grea∣ter recommenda∣tiō to a Monarch than to a multi∣tude.
• Many gouernors hinder on•…•… ano∣ther.
• A Monarchie is naturall.
• Anno. 1552.
• Examples of the greatest Monar∣chies of the world.
• Sueton. in August
• Sam. 1. 12. Deut. 33.
• Nehem. 10.
• Sam. 2. c. 12.
• A Monarchy al∣lowed by the law of God.
• Lib. •…•…. c. 6. antiq.
• Ioseph. de antiq. lib. •…•…4. c. 5.
• A tyrant is insup∣portable that hath escaped any •…•…nspiracie.
• The subiects are happy vnder a great Monarch.
• What Royal •…•…o∣narchie is best.
• This question was indeed then in Oxford dispu∣ted, & the right of succession no∣tably defended, and before electi∣on preferred.
• To possesse the people with •…•…n opinion, that haue the•…•… king by election, is better than to haue him by suc∣cession, a thing most dangerous vnto soueraigne princes.
• Most people to haue had their kings by successi on, rather than by election, con∣trary vnto the o∣pinion of Aristotle.
• Psal. 113.
• Great daungers incident vnto an estate or king∣dome, where the king or other •…•…o∣ueraigne prince, is to be chosen by election.
• The great disor∣ders in Rome, in the vacancie of the papacie, and before the new pope be chosen.
• No lesse dange∣rous in the va∣cancy of a king∣dome, to make choyce of a soue∣raigne gouernor than of a king himselfe.
• Many popes flaine or poiso∣ned, about their election.
• Why the choyce of bishops, and ecclesiasticall prese•…•…ments was taken from the people.
• The publike de∣maine most com monly dissipated or embeseled by princes electiue.
• Nothing more intollerable than a man of base degree suddenly mounted vp vnto great honor.
• Another great in∣conuenience a∣bout the election of soueraigne princes.
• No accord where euery man would be a lord.
• The imperiall crowne of diuers▪ strange princes refused.
• A strange king∣dome hard to be gouerned by lieu∣tenants or depu∣ties.
• Charles the fift about to haue made his sonne Philip king of Germanie.
• Kingdomes ele∣ctiug oftentimes changed into hereditarie.
• The Hungarians for the mainte∣nance of their electiue right now fallen into the perpetuall sernitude and sla∣•…•… •…•…f the Turk.
• Princes by ele∣ction created still to be in great danger.
• Diuerse electiu•…•… emperours and princes murth•…•…∣red, or els shame∣fully deposed.
• No assurance in the estate where the succ•…•…ssion is not established.
• The great care the good Roman emperours had for the certainti•…•… of the succession, lest after their death the empire should fall into the dangers en∣suing vpon ele∣ction.
• Great regard had of succession, e∣uen in kingdoms going by electi∣on.
• Kingdomes go∣ing by succession how they some∣times fall into election.
• The dutchie of Milan dismem∣bred the line of the visecounties of the house of Anglerie failing.
• Whether the last of the royall stocke may by right adopt vnto himselfe his suc∣cessor.
• About what time the seuen princes electors were first appointed for the choice of the em∣perour. The error of thē which haue thought the kingdome of France to haue in antient time gone by election, reiected.
• The antient manner of the coronation of the kings of France.
• The archbishops of Rheims pre∣tend to haue the choyce of the French kings.
• This Iewes is r•…•…her to •…•…e cal∣le•…•… C•…•…o ioue•…•…s, other•…•…se in •…•…n∣tient ti•…•… called H•…•…ndwich.
• How it is to be vnderstood. That the king ne∣uer d•…•…eth.
• Election no l•…•…sse daungerous vnto the electors, than v•…•…o the kings and soueraigne princes them∣selues so elected.
• Election of prin∣ces b•…•…tter to bee made by some few, than by many.
• The strait order obserued in chu∣sing the Grand Master of the knights of Malta
• Euill men more commonly pre∣ferred than the good, where men are by election promoted.
• A good meanes, the line of Mo∣narchs failing, to preuent the dan∣gers still atten∣ding vpon e∣lection.
• Some kings first chosen by lot, & yet their children to haue obtained their kingdomes as by a successiue right.
• The successiue right of the el∣dest sonne, com∣mon to al people
• Great troubles to haue still arisen, where the natu∣rall successiue right of the el∣dest hath bene violated, and the yonger brother preferred.
• Great murders & ciuill warres to haue ensued, for hauing preferred the yonger bro∣ther before the elder.
• Deut. 21. The elder bro∣ther euen by the law of God to be preferred before the yonger.
• A notable example.
• Whether a king∣dome ought to descend vnto the yonger sonne borne whilest his father was king: or to the elder, borne before his father had obtai∣ned the king∣dome.
• Whether the el∣der brothers son (his father being dead before he was king) be•…•… to succeed into his grandfathers kingdome before his vncle, his grandfathers yonger sonne.
• Liuius li. 38.
• The manner and order of the suc∣cession of the kingdome of Moscouie.
• Reasons for the succession of the nephew before his vncle.
• Reasons for the succession of the vncle before his nephew.
• Esay. 3.
• That a kingdom how great soeuer is not to be diui∣ded, but to be wholly giuen to one without partition.
• Three things of great consequēce ordained for the maintainance of the kingdome of France in the greatnesse therof.
• A Monarchy di∣uided, no more▪ to be accounted a Monarchy.
• To diuide a kingdome, a thing dangerous
• How the diuision of kingdoms may be borne.
• That a new con∣quered kingdom with all the soue raigne rights thereof, is better left wholly vnto one, than to be diuided among•…•… many.
• How the kings younger sonnes are prouided for in Fraunce.
• The reason why women inherit not land▪ by thei•…•… auncestors des∣cending vnto them, which lands sometime belonged vnto the crowne of Fraunce.
• Great kingdome and monarchies, not to be with any safetie diui∣ded into many.
• Soueraigntie ad∣mitteth no part∣nership.
• Places of too much power and command, not to be committed vnto princes of the blood, or o∣therwise great lords.
• A right strange custome vsed a∣mong the Aethiopians.
• Master of the for∣ces, master of the estate.
• That a Monar∣chy, in the opini∣on of the author ought to descend onely vnto the heires male.
• Genes. 3.
• Esay. 8.
• This French opi nion is by the examples of ma∣ny worthy wo∣men, and experi∣ence of their most happy gouern∣ments so fully refelled, as that there needeth no further reasons to be vsed, to proue the contrary.
• All these dangers with many mo incident vnto womens soue∣raigntie, are and haue bene right well auoided and preuented, by the wisedom of wor∣thy women, who with no lesse dis∣cretion▪ than ma∣ny men, haue maintained the maiestie of their soueraigntie, with the reputa∣tion of their sexe.
• What▪ so is good in publike, is al∣wayes good in particular.
• The euill exam∣ples of some few ought not to bee preiudiciall vnto others that be good.
• The kingdoms of Hungarie, Po∣lonia, Sweden, Norway, & Den∣marke, Castile, Arragon, Na∣uatie, and Eng∣land, to haue fal∣len into Gyneco∣craty, or womens soueraigntie.
• But what trou∣bles ensued vp∣on this intrusion of Stephen, and the wrongfull excluding of Maud, the Croni •…•…les will declare.
• The inconueni∣ences by the au∣thor supposed to ensue of a Gyne∣cocratie, or wo∣mens soue∣raigntie.
• The gre•…•…e daun∣gers strange prin ces commanding in a straunge countrey, are still exposed vnto.
• Small occasions serue to stirre vp the natural peo∣ple of any coun∣trey against strangers dwel∣ling amongst them.
• Neighbor princes iealous of the marriage o•…•… a so∣ueraign princesse their neighbour.
• Women com∣monly more cu∣rious in choice of their husbands, than are men in choyce of their wiues.
• The beginning of womens soueraigntie.
• Representation is▪ when diuers children together represent their dead fathers per∣son, and so in his right, together with their vncles succeed into their grandfa∣thers inheritance
• Poore French shifts, for the a∣uouching and proofe of the Sa∣lique law.
• Iustice the foun∣dation of all Commonweales:
• That a Royall Monarchy ought to be knit toge∣ther with a cer∣tains kind of mixture of the Aristocratike & Popular gouern∣ment, the royalty yet s•…•…anding whole and pure, without any mixture of those estates.
• The definition of Iustice.
• Plato couertly by Xenophon re∣proued, for ap∣pointing his Commonweale to be gouerned by Geometricall Proportion.
• Harmonicall Iustice of all others the best.
• Three kinds of proportion▪ Proportion Geo∣metricall, 3, 9, 27, 81. Proportion A∣rithmeticall, 3, 9, 15, 21, 27. Proportion Har∣monicall, 3, 4, 6, 8, 12.
• The difference betwixt Geome∣tricall and Arith∣meticall propor∣tion.
• The Geometrical gouernment of an estate.
• The gouernment of an estate by A∣rithmeticall pro∣portion.
• The gouernment according vnto the Geometricall or Arithmeticall proportion hurt∣full, the one vnto the common peo∣ple, and the other vnto the nobili∣ty: whereas the Harmonicall go∣uernment preser∣ueth both the one and the other.
• The wonderfull curiositie of the Germans, in the marriage of the nobilitie.
• Harmonical pro∣portion good to be in marriage obserued, and so likewise in the gouernment of the whole Com∣monweale.
• Harmonical pro∣portion declared by the order to be kept in a feast.
• Scipio blamed for hauing vsed the Geometricall proportion in the placing of the Senators in the Theater.
• Loue the founda∣tion of all hu∣mane societies, not to be preser∣ued by Geome∣tricall, or Arith∣meticall, but by Harmonical pro∣portion of iustice
• The equall go∣uernment of A∣rithmeticall pro∣portion▪ b•…•…st fitteth Popular estates.
• The Geometrical proportion best to agree with the Aristocraticall
• The Law. 4. The Ex∣ecution of the Law. 8.
• Equi∣tie. 6. The Of∣fice of the Iudge. •…•…2.
• Geometricall or Arithmeticall gouernment a∣lone, n•…•… fit meane •…•…o maintaine a Commonweale.
• A fit comparison
• Harmonicall Iu∣stice compoun∣ded of Arithme∣ticall and Geo∣metrical propor∣tion of gouern∣ment, best for the preseruation of a Commonweale.
• Lawes necessarie for the good go∣uernment of a Commonweale, although the prince be neuer so wise or vertu∣ous.
• No mention of law, before the law of God was giuen.
• The first occasi∣on of the ma∣king of lawes▪
• Laws hatefull vnto the rich and mightie.
• Nothing more contrary vnto the minds & pro∣ceedings of fa∣uourable or cor∣rupt judges, than to haue their iudgements bound vnto the strictnesse of the law.
• The good conn∣cell of Accursius vnto vnlearned judges.
• How euen the meanest judges may haue power to iudge accor∣ding to the equi∣tie of the cause without law.
• Many things in iudgements law∣full for the grea∣ter magistrats or judges, which are not lawfull for the lesser.
• The judgebound vnto the verie words of the law, is not yet therby embarred to vse the equitie of the law or yet the resonable exposition therof
• That the magi∣strat ought not to breake the law although it seem vnto him hard.
• To whome it be∣longeth to cor∣rect the law.
• The magistrat to be in the power of the law, so as is equitie in the power of the magistrat.
• Why so many things are by the wise lawmakers left vnto the con∣science and dis∣cretion of the judge.
• How it commeth to passe, that euen contrarie or most vnlike iudgemēts may be giuen of the same or verie like cases, and yet both iust.
• That the reasons of lawes and iudgements ought not to bee vnto them ioined
• Few laws made by the auncient lawmakers.
• Moe lawes, moe suits, and moe fees.
• The Frenchmen much giuen to suits in law.
• The cause of the multitude of suits in Fraunce
• No reasons anne∣xed vnto the untient lawes.
• By lawes to pro∣uide for all in∣conueniences, a thing impossible▪
• Many degrees of extraordinary power, by the prince gran•…•…ted vnto the magi∣strat.
• Not lawful for a∣ny man in iudge∣ment to swarue from equitie and conscience.
• Whether a prince or magistrat may be iudge of a fact the truth thereof beeing vnto none other knowne but vnto them∣selues alone.
• The exposition of the law, to whom it was by the law of God reserued.
• The exposition of the lawes, and the deciding of most high and difficult causes both in Asia and Afrike, reserued vnto the Maho∣•…•…tan Priest.
• Arithmeticall Iu∣stice vnfit to bee vsed euen in pri∣uat iudgements.
• Geometricall pro portion of iustice in publike or pe∣nall iudgements, not to be ad∣mitted.
• An obiection a∣gainst Arithme∣ticall proportion in exacting of fines.
• Harmonical pro∣portion of iu∣stice best.
• Nothing more vniust, than the perpetuall equa∣litie of fines and punishments.
• Geometrical pro∣portion of iustice not possible to be kept in the ma∣king of penall lawes.
• Arithmeticall e∣qualitie in the appointing of penalties, vnrea∣sonable and vniust.
• The qualitie and condition of the person to be in the making o•…•… penall lawes, and inflicting of pu∣nishments much respected.
• Geometricall pr•…•… po•…•…tion of puni∣shing, common almost vnto all people.
• Aristotle his opi∣nion concerning the execution of Geometricall and Arithmeticall Iu∣stice, reiected.
• Nobilitie in pe∣nalties to be in∣flicted, fauoured euen for the ver∣tues of their aun∣cestors: and the iniuries vnto them done, more seuerely punished
• Hanging the most shamefull death, heading the easiest, sto∣ning the most grieuous.
• Noble man for treason against their soueraigne prince, why to be more seuerely pu∣nished than other meaner persons.
• The noble man for his offence hauing lost his honour and repu∣tation, to be as grieuously puni∣shed, as the com∣mon person that is whipt.
• He which offen∣de•…•…h in his owne vocation, or in such things as wherewith he is put in trust, to be therefore more seuerely punished than other offen∣ding in the same.
• Harmonicall Iu∣stice to be indeed vnto all men in∣different, howbe∣it that at the first shew it seeme more fauourable vnto some than vnto others.
• Fines often∣times to be chan∣ged, according vnto the varietie of times and places.
• A crowne was then as much worth as the Ro•…•…e noble is now. Who was by the auntient Roman lawes to be ac∣counted a poore man.
• The insolency of Neratius, the cause why the lawes of iniuries were changed in Rome.
• Demades at A∣thens wilfully transgres•…•…eth the law, and pai•…•…th the fine.
• Penalties & fines sometimes chan∣ged into corpo∣rall and capitall punishments, and why.
• Why women are more fauourably to be punished than men.
• The iniquitie of the Venetian law in the punishing of women.
• All lawes carry∣ing with them penalties certain, which may not •…•…y the judge or magistrat be in some sort mode∣rated or aggraua∣ted, to be vniust.
• The false witne•…•…▪ how he is by the law of •…•…od to b•…•… punished.
• The wise law of Adrian the em∣perour.
• Offences how they are to be weighed and punished.
• Iudges and Phi∣losophers diuers∣ly do consider offences.
• Arithmeticall Iu∣stice not to be vsed in the puni∣shing of offences
• The vnreasonable law of the Vene∣tians for the pu∣nishing of thef•…•….
• Equalitie of pu∣nishment for vn∣equall offences, the occasion to ha•…•…s the greater offences com∣mitted.
• An vnreasonable law for the puni∣shing of murder.
• Hainou•…•… offences to deserue more grieuous punish∣ments.
• Open offences to be openly puni∣shed.
• Arithmeticall e∣qualitie in the administration of iustice, and the punishing of of∣fences, the cause of great iniustice▪
• That the punish∣ment ought to be equall vnto the offence done.
• How the words of the law, A tooth for a tooth, a hand for a hand, and an eye for an eye, are to be vn∣derstood.
• Exod. 21.
• Arithmeticall proportion of iu∣stice not indiffe∣rent in punishing of persons of con dition and quali∣tie farre vnequall.
• Arithmetical pro∣portion of iustice not to be admit∣ted euen in meere ciuill cau•…•….
• Aistotle impug∣ned for saying, no regard ought to be had, whether the offendor we•…•…e before the offence committed, good or bad.
• Arithmeticall Iu∣stice to faile euen in meere ciuill causes.
• Harmonicall Iu∣stice to h•…•…ue place when que∣stion is bu•…•… of priua•…•… mens right and interest as well as when question is of pe∣nalti•…•… and fi•…•…es.
• That which tou∣cheth euery pri∣uat mans right & how farre it con∣cerneth him, is not possible to be set downe in law, but better to be left vnto the dis∣cretion of the judge.
• Arithmetical pro∣portion of iustice not alwayes ob∣serued euen in particular con∣tracts and con∣uentions, wherein it is yet best of all to be liked.
• Harmonicall pro∣portion to be v∣sed by the iudges euen in taking of their fees.
• Arithmetical pro∣portion most ne∣cessarie to be ob∣serued in the whole gouern∣ment of the Commonweale.
• Harmonical pro∣portion of iustice euen by the law of God obserued in the conferring of inheritance, & inflicting of pu∣nishments.
• The Aristocra∣tique and Popu∣lar estates, not to be maintained by Geometricall or Arithmeticall iu∣stice, without a mixture of Har∣monicall iustice also.
• The estate of Ve∣nice Aristocra∣tique, and the go∣uernment for most part Harmo∣nicall.
• That the estate of a Commonweale may be of one sort, and yet the maner of gouern∣ment of another.
• The Royall estate Harmonically gouerned, to be the fairest, the happiest, and most perfect.
• A Royall estate, and yet gouerned Popularly and according to Arithmeticall proportion.
• A Royall estate gouerned Aristo∣cratically, and according to Ge∣ometricall pro∣portion.
• Geometrical pro∣portion in distri∣buting of offices, not good.
• The reasons why the Consuls and Tribunes were alwayes at discord in Rome.
• The Royal estate gouerned H•…•…rmo nically, the s•…•…rest and most perfect.
• Iustice better ad∣ministred by ma∣gistrats of diuers sort & condition, than by men all of one estate and degree.
• Diuers sorts of deserts, and that vertuous men onely are not to be preferred vnto the honourable places and char∣ges of the Com∣monweale.
• Vnworthy per∣sons not alwayes to be excluded from certaine of∣fices and places of commaund in the Cōmonweale.
• The order of the three estates in a well ordered Commonweale.
• The well ordered Commonweale in some sort figu∣re deuen in the nature of man himselfe.
• Ionas the last, and Psal. 49.
• One soueraigne prince alwayes most necessarie in a Commonweale
• That the bad are to be mingled with the good, for the making of a good Harmo∣nicall proportion in a Cōmonweale
• The three daugh∣ters of Themis to represent the three proportions of Iustice.
• The world to bee made and gouer∣ned also by Mar∣monicall, and not by Geometricall proportion, con∣trarie to the opi∣nion of Plato.
• •…•…en. 1.
• The Harmonical bond wherewith the world and the parts thereof are indissolubly bound and vni∣ted together.
• Almightie God in the gouernmēt of the world, to be of all worldly princes imitated in the gouern∣ment of their e∣states and king∣domes.