The politicks of France by Monsieur P.H. ... ; with Reflections on the 4th and 5th chapters, wherein he censures the Roman clergy and the Hugonots, by the Sr. l'Ormegreny.

CHAP. IX.

1. Of some general Orders in Government. 2. Of punishment and recompence. 3. Of Royal Virtues.

IN the Chapters now dispatch'd, I have in∣serted many things which may be of use for the Kings service, for the general good of His State, and of every of His Subjects in particu∣lar. In the Chapters that are to follow, others very considerable shall be added. However, I judge it not amiss to make here a distinct Chap∣ter of some important points, which I cannot easily rank any other where.

It hath been long in dispute, whether it be good to alter Publick Laws? and upon debate of the Question to and fro, 'tis concluded, that there is oft-times so pressing a necessity, that it cannot be forborn: but withal, that such alterations must be insensible to the People, who hardly come off from old Customs; and can∣not be brought to any new observance, but by a long circumference, and ways to them unknown. Legislators are Physicians of Common-wealths, and in this case ought to imitate the ordinary Artists of that Profession, who seeing the whole habit of a body out of order, and that to pre∣serve the Patient from Perishing, 'tis necessary to change it, do prescribe remedies, which the more slowly they operate, the surer their effect.

Now the first Law, which in my Opinion might be made, or rather renewed in France, is to banish thence all Usuries, of whatever quality, except among Merchants; and those should be expresly prohibited, which arise from personal Obligations, under pretence of dama∣ges and interests; even interests adjudged by sentence not excluded; this pretence being but a means to authorize Usury, and defraud the Law, which forbids it. Usury was strictly pro∣hibited among the ancient Inhabitants of Candie: but the coveting of Riches, to elude the seve∣rity of this Statute, disposed the borrower, that he should seem to have stollen the Money he had need of, and which in reality was lent him. By this Artifice the Debtor was constrai∣ned to pay the Interests; which were not ad∣judged to the Creditor on the account of any Loan, but in hatred of Robbery, which he said had been committed upon him. This means cannot be used in France; for that Theft is there a capital Crime, both in Religion and in Policy. But the Spirit of Man being unbounded, and having more craft when bent to transgress, than the Law hath prudence to hinder evil do∣ing, the taking of damages and interests hath been introduced amongst us; which is an equi∣valent to the Cretan expedient. For the feign∣ing a detension of Money against the owners will, as is done in France, and the Debtor thereupon condemn'd to pay the Interests, can be no other thing for substance, than the feign∣ing a Robbery, as was done in Candie.

There is not any Nation of note, in which Usurious Contracts have not been prohibited

among the Subjects. 'Tis known what the Law of the Church in this behalf is, and what that of the Old Testament, so often repeated in Scripture, was. Usury sure, hath caused the greatest disorders that have hitherto troubled the tranquility of States. The Athenians, the Spartans, and the Romans, did not forbid it only; but were also forced to abolish Debts contracted; and for publick benefit, rescin'd the compacts and promises that private Men had made, though they seemed inviolable, as having been made under the Authority of the Laws, and upon the security of general custom, which they were not wont to over-rule. An act of very particular consequence All Usu∣rious Contracts should be annulled, yea the culpable and complices as to the crime of Usury, put to death; the Usurer in Plato's opinion, being worse than the Thief.

The second Law should be, to permit Con∣tracts for annual Rent out of Land: yet with charge, that they be publish'd for publick se∣curity; as I have said elsewhere, when I treated of the shortning of Law-suits. Withall, regu∣lating to a denier, the Arrearages, which are a kind of Usury, but the most tolerable of any seeing there is an Alienation of the Land; and it is a fiction prudently hit upon by the Popes Calixtus the Third, and Martin the Fifth. As for the Declaration in form of an Edict which is to be made herein; Contracts, even the for∣merly made, should be reduced to the Thirtieth denier. The Romans limited Use to the hun∣dredth, afterwards to the Two hundredth, and at length abolish'd it altogether.

A third Law should be, that no sum lent to any Son of a Family, or to others under 25 years of age, without the consent and authority of their Relations, do produce any action; no not thought the Contracts be ratified by the Debtors, after they come of age. Vespasian made a like Or∣dinance; and there is nothing more effectual to repress the greediness of Usurers, or the de∣bauch of young people: whereupon they would set themselves to labour, to exercises and study. The profit which these Laws would yield the State, beside their stopping the course of great Evils, would be, that persons who are alway concern'd, and impatient to be getting, seeing they could not put out their Money at Interest easily, and that the Interest of their Contracts would be at too low a rate, must of force ap∣ply themselves to two things, each of which is eminently advantageous to the Kingdom. For they would addict themselves to Trades and Husbandry▪ or put their Money in the hands of Merchants to make benefit of it, if not en∣ter into partnership with them, which they should be permitted to do. For Usury in mat∣ter of Commerce, was never forbidden, and is the Secret that the Hollanders have found, to make all their people Merchants. On the other hand, the Genoeses have engaged them∣selves in Traffick, upon observing the profit it yielded.

The fourth Law might be, that Gentlemen be disabled to sell their Fiefs or Inheritances, until they have made declaration of their Po∣verty in open Court. Among the Israelites, Lands engaged reverted to their ancient own∣ers

at the Jubilee. The Spartans Lands were not divided at all; I mean those 7000 por∣tions which Lycurgus had lotted out. The Lo∣crians in like manner sold not their Estates: the same is observed in Flanders. The Fiefs of the great Houses of Bretanie are never parted out. Substitution of Heirs in France doth hinder the Alienation of Lands. In Spain Gen∣tlemen cannor sell their Estates: And Lastly, the Demesne of the Crown in France, is in-ali∣enable, which may prescribe a Law for all No∣ble Families. This Ordinance would make Gentlemen good Husbands. When the Jews, the Lacedemonians, the Syracusians, the Romans, and all civilized-People, made a partition of their Lands, they consider'd the benefit that might thence redound to their States, and ve∣ry wisely provided, that all such as possess'd Inheritances should fix in the Country: having an Estate there which they could not carry away, they would love the places where they had their subsistance; and every one defending his own Possession, all would jointly defend the Common-wealth, and fight for the Publick Interests.

The Fifth Law should be, that a Gentle∣man being ruin'd, and having acknowledged his Poverty in Court, should be no longer No∣ble; there being no Estate so shameful, as that of a Man of Quality reduc'd to an extream Misery. On the contrary, that a Plebeian, when he hath rais'd himself an advantageous Fortune, which might be limited at 50000 Crowns, should be ennobled; provided always, that the profit had been made by laudable and lawful means.

A sixth Law should be, to hinder the publick begging of the Poor, by appointing the great∣est penalties upon it; and ordain, for that end, that every Parish both in Town and Country, do maintain their own Poor, not suffering them to wander; punish all that make a Trade of it; send the stoutest of them to the Gallies, and set all the rest on work according to their ability. This is a means to fetch out that idle∣ness which is among the meaner sort.

The seventh Law might be, to render Fa∣thers responsible, as to Civil Interests, for all the Faults and Crimes their Children should commit while they depend on them, and under 25 years of age; or, however, whilst they dwell in their Fathers House. The Mulct to be allow∣ed for afterwards in the Patrimony of those faulty Children; This Law is in force in Bre∣tanie, and was so at Rome. Masters, in like manner, for the faults of their Houshold-ser∣vants; and paying an Arbitrary Fine besides, because they ought to correct them. In the Third place, Provost Marshals and their Offi∣cers, for all Robberies and Murthers commit∣ted on the High-ways, Burglaries, Counterfeit Coin, and other the like Crimes within their district, if they took not up the Malefactors, and brought them to their Trial. This Law would hinder well-nigh all mischiefs of this na∣ture; it being, as may be said, of publick No∣toriety, that Provosts hold Intelligence with all persons of ill Life. Again, all Lieutenants criminal and Judges, for the Crimes commit∣ted in their Towns, by the same reason. Ma∣sters of Inns, and Houses of Entertainment, for

the Crimes committed by their Guests, while they are in their Houses. Owners of Houses, for the Crimes committed by their Tenants during their term; because they ought to know, and answer for the good abearing of such as they entertain. Captains and Officers for the Crimes of their Soldiers; the Inhabitants of an House for those committed in it. This is done in Spain. In the Turkish Towns, the Townsmen of each Street are responsible for what is done there; And if a Man be slain, the Townsman before whose door he falls, is sen∣tenced to pay for his Blood. This Order is excellent. For assoon as there is a noise in the Street, all run thither, and the Authors of the Fact, whatever it be, are seized, brought be∣fore the Judge, and forthwith punish'd accord∣ing to the quality of the Crime. In paralel to this Rule of Government in Turkie, severest penalties must be imposed upon such as trans∣gress the Laws, and especially the Laws that relate to Publick Order and Policy; those Pe∣nalties also speedily inflicted; otherwise the said Laws will be of no use. For example, 'Tis ordained in France, that no Lackey wear a Sword; that no Towns-man have Arms; or that Bakers make their Bread of a certain Weight, or other things of like nature. They that obey not, must be instantly punished, the Rich by pecuniary Fines, the Poor by Corpo∣ral Penalties. The Turks cause Offenders who have not Money to pay their Fines, to be bea∣ten with a Lath.

An Eighth Law, All Printers and Booksellers must be forbidden, and that upon pain of death,

to Print, Sell, Disperse, set to Sale, or keep any Book of what Quality or Subject soever, without its having been Approved, and Licence given them under Seal in due manner; after which may nothing be added to the Book.

But as it is just to punish bad Subjects, so it is reasonable to reward the good: and them that out of love to their Country, employ them∣selves in advancing its Reputation and Glory. The King ought to be the sole Master and Ar∣biter of all Rewards; and confer them himself, so as they that receive any Beneficence of His, may be convinc'd they owe it to His Bounty. This would be an infallible means to attract to Him the hope of His Subjects, and together with it, their Respect, whereupon every one would strive to please Him, in doing of his Du∣ty, and no body promise himself any Grace or Advantage, but by his Merit, his Services and Diligence. There are several kinds of Re∣wards with which His Majesty may Honour His Subjects; I say, Honour them; because a Subject, in receiving a benefit from the hand of the King, receives withal, a mark of the Esteem which is had of his Person, and of the satisfaction he hath given in his Conduct. No∣thing can be more glorious to a Man of Worth; nothing can yield him a truer Contentment. A Gift from an ordinary hand is many times somewhat shameful to him that takes it; and hence comes the adage, That it is better to Give than to Receive. But when a King is the Donor, the Dignity of the Royal Hand doth add to the Gift a new quality, which augmenteth the Worth and Excellency of it:

whence it is, in such a case no less praise to re∣ceive than to give.

This now which I have affirmed, cannot be doubted of: yet it may be taken for evident, that of these rewards, there are some purely Honourable, others only Profitable; and a last sort, both Honourable and Profitable too. The reward purely Honorary is, when the King confers upon a Subject some Dignity which he had not afore; as upon a Plebeian, the quality of Gentleman, upon a Gentleman that of Knight, or Marquess, &c. and permits him to carry Fleurdelizes in his Coat of Arms, or some other▪ Memorial of a great Action: Or grants him the privilege to wear a Crown in his Crest, or the like. This kind of reward is unlimited, because Sovereignty is a source from whence new Honours and Dignities incessantly flow; as projections of Light do every mo∣ment issue from the Sun, without exhausting its secondity; and on the contrary, the more rays that it emitteth, the more resplendent is it in it self; so the more Honours a King confers, the greater Lustre He adds to His own Royal Majesty. The Romans, of any People upon Earth, did most abound in conferring rewards of this nature: and on that account, brought into use Crowns, Triumphs, Statues, Rings, Inscriptions, Publick Praises; and stuck not to grant Deifications, Temples and Sacrifices: such a love they had for Virtue; and so ingeni∣ous were they to inhance the merit of their Fellow-Citizens: thus inciting them to worthy Persormances, and principally to an advancing the power of the Common-wealth. For any

man that hath a Noble Spirit, and is Virtuously dispos'd, does more to merit a just reward, than he would to gain the Empire of the World: because in the issue, 'tis always Virtue that tri∣umphs; and oft-times but Fortune that rules. In conformity to this example, which both An∣tiquity, and the Authors of it, and Experience, do render Illustrious, the King may Honour such as serve Him best, with Honourable Titles; but ought to punish all those, who, without His Permission, dare assume and usurp them. 'Tis necessary that there be a difference of rank between Persons; and the distinguishing of them by their merit, is to be preferr'd far be∣fore all discrimination made by their Wealth.

It would also be very commodious, that as the Honour of Knighthood is purely Personal, so the King should make the Dignity of Baron, of Marquess, of Count, &c. Personal likewise; not real, or annexed to Estates; the said Dig∣nities to become extinct by decease of the per∣sons invested with them. This Expedient, to recompence Men of worth, being well managed, would produce a marvellous effect; and an whole race, thereby become Men of Merit. For, what would not the Son of one of these personal Marquesses do, to prevent falling from that degree of Honour which his Father had? and how could he choose but press vigorously on in the Court of Honour that has been thus mark'd out to him? But in this case, there is one thing to be further done, which might much profit the State, by laying a more Express Obligation on the Nobility to serve the King: and that is, that the King do give His Letters

for personal Marquessates, in such form as they may be verified in the Parisian Chamber of Ac∣compts, and the Persons Honoured with them, do homage to His Majesty thereupon. Such kind of Homages have been done heretofore for Officers, and even for Pensions, though but of two hundred Livres. The Emperour in Germany hath, in this manner, made Gentle∣men, and Counts of the Empire, as for exam∣ple, the late Count de Guimene; who had not a foot of Land within the Emperours Jurisdicti∣on. The King of England creates a Gentleman, Baron, and Earl of a Barony, or County, in which the Gentleman possesseth Nothing.

The second kind of Gratifications and Re∣wards, is of those that are purely gainful and pecuniary; as Pensions, Tickets for Money, Acquittances by Patent, Ransoms, Confiscati∣ons of deceasing Strangers goods, and the like. These however, carry a great deal of honour with them, as I said afore. The third kind, is of those that are at once both gainful an ho∣nourable, as Great Offices, Governments, &c.

Upon this matter of Rewards, there is this further Reflection to be made; namely, that a King never be inform'd of a good Action, but He gratifie the Actor, either with Praises, or with Benefits. In fine, all these favours must be regulated by consideration of His Service, and the welfare of His State. GOD, in giving Princes a Sovereign Power, inspires into them Affection for their People. But His will is, that it be a Paternal Affection; that a King do open His Bosom to His Subjects, as His very Children; and that all His Counsels and Designs be levell'd

at their Felicity; without which, Himself cannot be happy. 'Tis principally for this great and glorious effect, that Kings are Images of GOD, and be fortified with His Spirit.

I have said, that Monarchs are in their King∣doms, what the Soul is in the Body of Man, that external Goods cannot enrich them; that Virtue alone is their proper Portion, as it is of GOD Himself. It now remaineth I should say what kind of Virtue it ought to be.

'Tis necessary that a Great Prince have Piety, to give His Subjects an Example of it; and bettering of them in this, is the security of His State. He must be just to govern them. A Government never is of long duration without Justice. This Queen of Virtues comprehends, (as Aristotle judiciously noted) all the rest. A King I say must be Just, to render unto every one, and unto Himself, what is respectively due. The third Virtue of a Prince, is Prudence, to fore∣see of Himself what may betide His States. Thus a wise Pilot hath the skill to foresee Calms and Storms: he knows by secret notices, whether the Winds will be favourable, or con∣trary to his Voyage. The fourth Virtue is Magnanimity; a weight this, that keeps the Soul always in the same position, and gives it so setled a firmness, that neither good nor bad successes can put it out of place; and a King appears unalterable: He thus bears up the hope of His Subjects; they look upon Him as an as∣sured succour against Fortune, and persuade themselves, there is somewhat of Divine Qua∣lity in His Person. Of Royal Virtues, a fifth is Clemency; It pertains to the greatness of a

King, that He be benign, and do commiserate the weaknesses of His Subjects; who are Men as He is. Mischances are pardonable, and it seems to me, 'tis too much rigor to punish a poor wretch for a Crime committed out of im∣prudence, or by necessity; and of which he is less guilty, if I may say it, than his ill destiny, 'Tis to Criminals of this kind, that Grace should not be deny'd: and when a King gives one of His Subjects his Life, who hath been condemn'd to death, he should rejoyce more at the feeling in the Secret of his Heart a Will to Pardon: than at the having in His hand the power to punish. To give a Man his Life, is in some sort to create him; and the preserving of his Being, is a giving of it. It would be, 'tis true, a great fault, to stop the course of Justice, in case of publick Crimes, and such as have disturb'd the Peoples Peace: Yet in sum it is Noble, that a King be inclin'd to compassion and Mercy. 'Tis an action appro∣priated unto GOD, to disarm His Anger: Upon this ground the Roman Poet said, That those Thunderbolts which Jupiter throws, might be diverted.

The sixth Royal Virtue is Liberality. One of the Ancients pronounced, that it was less disadvantageous for a King to be overcome by Arms, than by Liberality. A Poet intro∣duceth Mark Anthony excellently saying, That he had nothing left him but the Benefits he had conferred. And to say true, A Great Prince never enjoys His Wealth, but when He hath given it. Liberality enricheth Him, and makes Him Purchases of inestima∣ble

value. For thereby 'tis, that He wins the love of his own People, and becomes admired of all others. When I say Liberality, I mean a judicious Liberality, such as is a Virtue, not an exorbitant profuseness; a Liberality alway exercis'd with Advantage, and with Glory.

To conclude in short; when I consider other Virtues, I do not find any one of them all im∣proper for a King; but it is impossible a King should have those which I have mention'd, without having every one of the rest; since they are inseparable Companions, and must be united to make a Virtuous Man.