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                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div type="translation" n="urn:cts:pdlpsci:bodin.livrep.perseus-eng1" xml:lang="eng"><div n="1" type="textpart" subtype="book"><div n="5" type="textpart" subtype="chapter"><pb n="32" facs="19"/><head><hi rend="italic">CHAP. V.</hi><milestone n="F" unit="unspec"/> Of the power of a Lord or Maister over his
                     Slaues, and whether Slaues are to be suffred in a well ordered
                     Commonweale.</head><p><seg rend="decorInit">T</seg>He third part of the government of a Familie
                     dependeth of the power of the Lord oues his Slaues, and of the Maister over his
                     seruants; and in their mutuall duties one toward another. For the<note place="marg" anchored="true">Whereof a Familie tooke name.</note> very name of a Familie,
                     came of <hi rend="italic">Famulus</hi> and <hi rend="italic">Famulatio,</hi>
                     for that it had in it a great number of Slaues: and so of the greatest part of
                     them that are in subiection in the Familie, men call all the whole houshold a
                     Familie; or els for that there was no greater meanes to gather wealth than by
                     slaues <milestone n="G" unit="unspec"/> and seruants, which the Latines call
                        <hi rend="italic">Famuli,</hi> the auntients not without cause have called
                     this multitude of Slaues and seruants a Familie. And <hi rend="italic">Seneca</hi> willing to show of what moderation a Master ought to be toward
                     his Slaues, saith our ancestors to have called the head of a Familie, Father of
                     the Familie, and not Lord. And for that the whole world is full of Slaues,
                     excepting certaine countries in Europe (which since also by little and little
                     receiue them) it is needfull here to reason of the power of Lords and Maisters
                     over their Slaues, and of the profits and disprofits which may redound unto a
                     Commonweale, if slauery should againe be called into vse: a question of great
                     moment not for Families and societies onely, but for all Commonweals also in
                     generall.</p><p>Now every Slaue is either naturall, that is to wit, begotten of a woman Slaue,
                     or <milestone n="H" unit="unspec"/> made a Slaue by law of armes; or by some
                     crime committed (whome men call a slaue<note place="marg" anchored="true">The diuision of
                        Slaues.</note> to punishment) or one which hath for money departed with his
                     libertie, or hath plaid away his libertie, as did in auntient time the Almans:
                     or else such an one as hath voluntarily vowed himselfe to be a perpetuall Slaue
                     unto another man; as was the manner of the Hebrewes. The prisoner in warre was
                     Slaue unto the vanquisher, who was not bound to put him to his ransome, if it
                     were not otherwise agreed upon; as it was in auntient time in Greece, that the
                     Barbarian prisoner taken in warre, might bee put to the chayne, and kept as a
                     Slaue; but as for the Greeke, that he should be set at libertie in paying for
                     himselfe a pound of gold. The like law almost was made amongst the Polonians,
                        <note n="*" place="marg" anchored="true">Cromer in hist. Polon. &amp; in statutis
                        Pol.</note> where it was decreed by the States, That all enemies taken
                     prisoners in iust <milestone n="I" unit="unspec"/> wars, should remaine Slaues
                     unto the vanquishers, except the king would pay two Florins for every head. But
                     he that had paid the ransome of any prisoner, was bound to set him at liberue,
                     hauing againe receiued his money: otherwise he might keepe him, not as his
                     Slaue▪ but as his prisoner; according to the most auntient law of the Greeks,
                     which from them deriued unto the Romans▪ was afterward in vse with all nations.
                     As for debtors, prisoners unto their creditors, although it were lawfull by the
                     law of the twelue Tables, to diuide them in peeces amongst their creditors,
                     giuing to some more, some lesse, according to the proportion of every mans
                     debt, if they were not able to<note place="marg" anchored="true">A cruell law against
                        debters.</note> pay: yet for all that so it was, that if he had one
                     creditour, he could not take from him his life, and much lesse his libertie, a
                     thing much dearer than life. For the father might <milestone n="K" unit="unspec"/> well sell, chop, and chaunge his children, yea and take away
                     their lives also, but yet could not take away their liberue: for the good and
                     noble hart would alwaies rather chuse to dye honestly, than vnworthly to serue
                     as a base Slaue. And that is it wherfore the law of the twelue Tables (which
                     adiudged the debtor not able to pay, unto the creditor) was shortly after at
                     the request of <hi rend="italic">Petilian</hi> Tribune of the people, taken
                     away, and a decree made, That from that time forward the debtor should no more
                     bee adiudged unto his creditor, or divided in peeces among his creditours,
                     neither by them for his debt be detained; yet reseruing unto the creditor power
                     to ceise upon his goods, <pb n="33" facs="19"/> or by other way of iustice to
                     come by his debt, so as he saw he might by reason: which <milestone n="A" unit="unspec"/> law continued firme and inuiolat 700 yeares, unto the time
                     of <hi rend="italic">Dioclesian,</hi> who caused the same law afterward to be
                     published upon paine of death.</p><p>And thus much concerning all sorts of slaues: for as for them which are taken
                     by theeves or pirats, or by false titles are sold for slaues, they continue
                     neuerthelesse free, and in tearms of right may do all lawfull acts. As for
                     other domestical seruants, which for wages or without wages do their seruice,
                     they cannot by contract or agreement<note place="marg" anchored="true">Domestical seruants
                        cannot make themselves slaues by any contract that they make with their
                        macters.</note> whatsoeuer, doe any thing preiudiciall to their libertie:
                     neither in receiuing any legacie upon condition be it neuer so little seruile:
                     neither can the slaue himselfe when hee is manumised, promise unto his lord
                     that hath set him at libertie, any thing preiudiciall unto his libertie, other
                     than the seruices ordinarie &amp; agreeable unto all such as are
                        enfranchised.<milestone n="B" unit="unspec"/> And this is it for which the
                     Arrests of the Parlement of Paris have oftentimes disanulled the contracts of
                     seruants free borne, which have bound themselves upon a paine to serue certaine
                     yeres: which neuertheles they yet do in England &amp; Scotland, where the
                     maisters after the terme of seruice expired, comming before the Iudges<note place="marg" anchored="true">Prentises of England by couenant, for a time slaues.</note> of
                     the places, enfranchise their seruants, &amp; giue them power to weare their
                     caps; which was the auntient marke of a slaue newly enfranchised, to cover his
                     shauen head vntill his haire were growne: which gaue occasion unto <hi rend="italic">Brutus</hi> after that <hi rend="italic">Caesar</hi> was
                     slaine, to cause certaine money to be coined * with the impression of a cap
                     upon it; as hauing set<note place="marg" anchored="true">Plutar in vita Caesaris.</note> at
                     libertie the people of Rome. And after the death of <hi rend="italic">Nero,</hi> the common people went up and downe the streets with caps upon
                     their heads, in signe of their libertie. And <milestone n="C" unit="unspec"/>
                     king <hi rend="italic">Eumenes</hi> after the death of <hi rend="italic">Mithridates,</hi> comming to Rome, and with his cap on his head entring the
                     Senat, acknowledged himselfe to hold his libertie by the people of Rome. Now
                     albeit that domesticall seruants be not slaues, and that they may do such acts
                     of libertie as free men may, bee it in iudgement or out of iudgement; yet are
                     they not as simple mercinarie men which labour for their daies wages, ouer
                        whome<note place="marg" anchored="true">Mercinarie labourers no slaues</note> he that hath
                     hired them hath neither power nor commaund, nor any manner of correction, as
                     the maister hath over his domesticall seruants, who owe seruice, honor, and
                     obedience unto their maisters, so long as they are in his house, and may with
                     moderat discretion chastice and correct them. For domesticall seruants ought to
                     reuerence their maister, and do them all honest seruice and duties: wherof, for
                     that they <milestone n="D" unit="unspec"/> have a mutuall comportment one of
                     them towards the other, and belong unto morall discipline, we will not in this
                     place reason.</p><p>But as concerning Slaues, there are two great difficulties, not yet resolued
                     upon: the<note place="marg" anchored="true">Two notable questions concerning slauerie.</note>
                     one, Whether slauerie be naturall &amp; profitable to a Commonweale, or
                     contrarie unto nature, and vnprofitable? the other, What power the lord of
                     right ought to have over his slaue. Concerning the first point, <hi rend="italic">Aristotle</hi> is of opinion that the seruitude<note place="marg" anchored="true">Slauerie in the opinion of Aristo tle, a thing naturall, but
                        not so in the iudgement of the Lawyers.</note> of slaues is of right
                     naturall: and to proue the same, We see (saith he) some naturally made to serue
                     and obey, and others to commaund and gouerne. But Lawyers, who measure the law
                     not by the discourses or decrees of Philosophers, but according to the common
                     sense and capacitie of the people, hold seruitude to be directly contrarie vnto
                        <milestone n="E" unit="unspec"/> nature; and do what they can to maintaine
                     libertie, still interpreting such things as are obscure and doubtfull (whether
                     it be in the lawes, or in testaments, in couenants, or iudgements) so in favour
                     of libertie, as that they giue no way either to lawes or to testaments: And if
                     so be that the force of the lawes be so great and so plaine as that they may
                     not swarue from them▪ yet do they protest that bitternesse of the lawes to
                     displease them, calling it hard and cruell. But of these two opinions wee must
                     chuse the better. Now many reasons there bee to proue that seruitude is
                     profitable unto the Commonweale, and also agreeable unto nature: For every
                     thing that is contrarie unto <pb n="34" facs="20"/> nature, is of no long
                     continuance: and if you would force it against nature, yet will <milestone n="F" unit="unspec"/>

                     <note place="marg" anchored="true">Reasons to proue that seruitude or slauery is profitable
                        unto a Commonweale: as also agreeable unto nature.</note> it of it selfe
                     againe returne unto the naturall course thereof; as is plainly seene in all
                     naturall things. But seruitude seemeth to have taken the beginning thereof
                     immediatly after the generall deluge; and euen so soone as any forme of a
                     Commonweale was to be seene, and so hath alwaies euer since continued: and
                     although seruitude in these latter times was left off, for about three or foure
                     hundred yeares, yet is it now againe approued, by the great agreement and
                     consent of almost all nations; yea the people of the West Indies, which are
                     three times greater than all Europe, who neuer heard speech of the lawes of God
                     or man, have alwaies bene full of slaues; neither hath there bene any
                     Commonweale in the world, which hath not had slaues in it: yea the holiest men
                     that euer lived have used them: yea and that more is, in every Commonweale
                        <milestone n="G" unit="unspec"/> the lord had power over the goods, the life
                     and death of his slaue, except some few, where the Princes and lawmakers haue
                     something moderated this power. Now like it is not, that all people and nations
                     in euerie place, so many kings and princes, so many lawmakers (men for their
                     vertue and experience most famous) would with so great consent, and so many
                     worlds of yeares, have receiued slaues, if it had bene a thing repugnant vnto
                     reason and nature. And what can be more agreeing unto curtesie and naturall
                     reason, than after victorie obtained, to saue them whome thou hast taken
                     prisoners in iust warre, to giue them meat, drinke, and cloathing, &amp; with
                     great charitie to releeue them? &amp; for so great benefits to exact of them
                     only their seruice &amp; labor? is it not much better than in cold bloud to
                     kill them? And this was the first beginning of <milestone n="H" unit="unspec"/>
                     slaues. Now whereas it agreeth also with the lawes of God and man, that he that
                     hath not wherewith to pay for the fault by him committed, should be punished in
                     his bodie; is it not better and more curtesie to have him kept to labour in the
                     publicke works? whereof such were also called seruants to paine, another kind
                     of seruitude. In like sort, he that shall vniustly lie in wait for another mans
                     goods, life, or state; what doubt is there but that he is a verie theefe and
                     robber▪ and deserueth death? Then is it not contrarie unto nature, to saue him
                     for labour, in stead of putting him to death: for the word Seruant, commeth of
                     sauing, albeit that some vnskilfull Grammarians reprehend <hi rend="italic">Iustinian</hi> in so saying. Now if it were contrarie unto nature, that one
                     man should have power of life and death over another, there should be neither
                     kingdoms nor seignories,<milestone n="I" unit="unspec"/> which were not
                     contrarie unto nature, seeing that kings and monarches have the same power ouer
                     their subiects, be they lords or slaues, if they once fall into any capitall
                     crime.</p><p>These arguments have some good show to proue that seruitude is naturall,
                        profitable,<note place="marg" anchored="true">How seruitude i<gap reason="illegible" extent="1+_letters" instant="false"/>
                        agreeable unto nature: and how not.</note> and honest, but it may well be
                     answered. I confesse that seruitude is well agreeing unto nature, when a strong
                     man, rich and ignorant, yeeldeth his obedience and seruice unto a wise,
                     discreet and feeble poore man: but for wise men to serue fools, men of
                     understanding to serue the ignorant, and the good to serue the bad; what can
                     bee more contrarie unto nature? except a man should thinke it reasonable for a
                     wise counsellour to be ouertuled by his foolish Prince; or a sober and temperat
                     seruant to bee gouerned <milestone n="K" unit="unspec"/> by his bedlem and
                     riotous Maister. As for them that thinke it a charitable courtesie, in<note place="marg" anchored="true">The former reason<gap reason="illegible" extent="1+_letters" instant="false"/> answered: and
                        slauerie proued not to bee a thing agreeable unto nature:</note> vniust
                     warres to have saued the lives of their prisoners whome they might have killed,
                     it is the charitie of theeves and pirats, who brag themselves to have giuen
                     life unto them whome they have not depriued of life. For oftentimes it commeth
                     to passe in vniust warres, (as are for most part those that are made by the
                     mightie) that good men are most miserably and shamefully enforced to serue the
                     wicked. And if the vanquished have wrongfully and without cause (as theeves)
                     made warre, why then put they them not to death? why take they not of them
                     exemplarie punishment? why take they <pb n="35" facs="20"/> them then vnto
                     mercie, seeing that they are theeves. As for that which is said, That
                        <milestone n="A" unit="unspec"/> seruitude could not have continued so long
                     if it had bene contrarie unto nature: true it is in things meerely naturall,
                     which according to their naturall proprietie follow the immutable ordinance of
                     God: but hauing giuen unto man the choice of good &amp; euill, it chaunceth
                     oftentimes to the contrarie; him to chuse the worse, contrarie to the law both
                     of God and nature: in whom his corrupt opinion hath so great power, that it
                     passeth in force of a law, of greater power than nature it selfe; in such sort,
                     that there was neuer so great impietie or wickednesse, which hath not bene
                     esteemed for vertue and godlinesse. Let one example serue for many. We know
                     right well that there can be no more cruell or detestable a thing than to
                     sacrifice men, and yet there are almost no people which have not used so to
                     doe, who all for many ages couered the same with <milestone n="B" unit="unspec"/> the vaile of pietie and religion: as yet unto this our age they of Peru and
                     Brasiles doe, and certaine other people upon the riuer of Plat; unto which so
                     prophane sacrifices our auncestors for all that with great deuotion resorted.
                     With like pietie and deuotion the Thracians also used to kill their fathers and
                     mothers, growne weake with age, and so afterwards did eat them, to the end they
                     should not languish with sicknes, nor being dead become meat for wormes; as
                     they aunswered the Persian king. Neither must we say that there were none but
                     the auntient Gauls that sacrificed men; which indeed they did unto the time of
                        <hi rend="italic">Tiberius</hi> the Emperour: for long time before, the<note place="marg" anchored="true">* Caes. lib. 6. Belli Gallici.</note> Amorits and Ammonits vsed
                     to sacrifice their children: neither was it a solemnitie among the Barbarians
                     onely, as generally among the Scythes (as <hi rend="italic">Plutarch</hi>
                     writeth) but <milestone n="C" unit="unspec"/> also among the Greeks (in whome
                     ciuilitie nor onely rested, but euen from whome it was unto all other nations
                     deriued): for <hi rend="italic">Achilles</hi> (as <hi rend="italic">Homer</hi>
                     reporteth) sacrificed unto his dead friend <hi rend="italic">Patroclus</hi>
                     with the slaughtar of men <note n="*" place="marg" anchored="true">Plut. in Themist. &amp;
                        Artax.</note>

                     <hi rend="italic">Themistocles</hi> also in the Persian warre, sacrificed three
                     men; as did the Persian king at the same time twelue: neither could <hi rend="italic">Iupiter Licius</hi> (as is reported) be otherwise appeased but
                     by the slaughter of man, led by the ambiguitie of an old Oracle, and of the
                     Greeke word <gap reason="omitted" rend="〈 in non-latin alphabet 〉" instant="false"/>, which
                     without accent signifieth either Light, or a Man. <hi rend="italic">M.
                        Tullius</hi> detesteth our auncestors, for that they sacrificed with mans
                     blood: but that he spoke as an Orator, and as best serued his cause: for <hi rend="italic">M. Varro</hi> attributeth it to all the people of Italie: <hi rend="italic">as also the manner of vowing in the sacred spring time to haue
                        bene, that whatsoeuer man or beast was that</hi>

                     <milestone n="D" unit="unspec"/>

                     <hi rend="italic">yere first borne should be sacrificed.</hi> A man might also
                     bring for example <note n="*" place="marg" anchored="true">Iud. 11.</note>

                     <hi rend="italic">Iephte</hi> general of the armie of the Israelites, who is
                     reported to have sacrificed his daughter unto almightie God, much about the
                     same time that <hi rend="italic">Agamemnon</hi> king of the Greeks sacrificed
                     his daughter <hi rend="italic">Iphigenia</hi>

                     <note n="*" place="marg" anchored="true">Euripides.</note> (whereof some well learned men haue
                     made Tragedies) although that he sacrificed nothing unto God but the virginitie
                     of his daughter; as the Hebrew text plainly declareth; and as <hi rend="italic">Rabbi Leui,</hi> and the other Hebrew interpetors all agree. How beit other
                     people did the like with great pietie and deuotion: which proueth well that we
                     must not measure the law of nature by mens actions, bee they neuer so old and
                     inueterat: neither thereof conclude, that the seruile estate of slaues is of
                     right naturall: as also much lesse to attribute it to charitie, or to
                     courtesie, that the <milestone n="E" unit="unspec"/> people in auntient time
                     saued their prisoners, taken in warres, whome they might have slaine; to draw a
                     greater gaine and profit from them as from beasts. For who is hee that would
                     spate the life of his vanquished enemie, if he could get a greater profit by
                     his death than by sparing his life? Of a thousand examples I will produce but
                     one. At the siege of Ierusalem under the conduct of <hi rend="italic">Vespasian,</hi> a Roman souldier hauing found gold in the entrails of a Iew
                     that was slain, made his companions therwith acquainted, who forthwith cut the
                     throats of their prisoners, to see if they had also swallowed any of their
                     crownes; so that in a moment there were slaine <note n="*" place="marg" anchored="true">Ieseph▪
                        in bello Iudaico.</note> aboue twentie thousand of <pb n="36" facs="21"/>
                     those Iewes. O faire example of charitie towards captiues! But say some, they
                     are <milestone n="F" unit="unspec"/> nourished, they are well entreated for
                     their seruice: but how I pray you are they nourished? and for what seruice
                     doing? <hi rend="italic">Cato</hi> the Censor (reputed the best and wisest man
                     of his time) after that he had drawne all the seruice and profit he could from
                     his slaues, euen vntill they were growne crooked with age, so that he could
                     wring nothing more from them, set them then to sale to such as would giue most
                     for them, to draw yet from them the verie price of their blood which yet
                     remained in them, least he should be enforced to nourish them for nought, now
                     growne impotent with age, or else bee faine to kill them, or to set them at
                     libertie; in such sort that the poore slaues in recompence of all their seruice
                     made, were drawne to the gallows by their new masters: not yet so happie as <hi rend="italic">Pallas</hi> her mule in Athens, which growne old went about
                     whither she <milestone n="G" unit="unspec"/> list vnhalt<gap reason="illegible" extent="1+_letters" instant="false"/>ed, no man daring in her old age to load or charge her.
                     And whereas there is nothing more holy or more naturall giuen by God vnto
                     mankind, than mariage; yet so it is, that it was not permitted unto slaues: yea
                     in case that a free man taken captiue had a child lawfully begot by his wife;
                     if the father died in the hands of the enemie, although the mother returned
                     into her libertie, yet neuerthelesse was the child reputed illegitimat.</p><p>What should I rehearse the execrable and profuse filthinesse of both sexes,
                        which<note place="marg" anchored="true">The miserable estate and condition of slauer.</note>
                     the poore slaues heretofore were and yet are enforced to endure and suffer? But
                     as for crueltie showed upon them, it is incredible that we read, and that a man
                     might speake of, if but the thousand part thereof were written: for Authors
                     would thereof say nothing,<milestone n="H" unit="unspec"/> if good occasion
                     were not giuen; and we have not but the histories of the most civill people
                     that euer were in the world. For they were enforced to till the ground in <note n="*" place="marg" anchored="true">Colum. lib. 1</note> chaines (as yet they do in
                     Barbarie,) and to lie in dungeons, the ladders being drawn up from them, as
                     they yet do in all the East▪ for feare they should be lost, or that they should
                     set fire on the house, or otherwise kill their maisters. Now as for euerie
                     light offence of the slaue, except he were of great price, it was so rigorously
                     punished, as that to have broken a glasse was unto him death: as for example,
                     the Emperour <hi rend="italic">Augustus</hi> being at supper in the house of
                        <hi rend="italic">Vedius Pollio,</hi> it chaunced one of the slaues to
                     breake a glasse; who hauing done no other fault but that (as saith<note n="*" place="marg" anchored="true">Lib. tertio de fra.</note>

                     <hi rend="italic">Seneca</hi>) was forthwith drawn unto a pond of Lampreis,
                     which were fed with mans flesh: whereat the poore slaue <milestone n="I" unit="unspec"/> crying out, fled unto the feet of <hi rend="italic">Agustus,</hi> entreating him, not for his life, but that hee might not
                     after he was put to death be eaten up of those fishes, for hee found himselfe
                     worthie of death for the glasse he had broken: but the common opinion was, that
                     the soule of the drowned neuer passed over into the<note n="*" place="marg" anchored="true">Vir. 6. Aeneid</note> Elysian fields; or els that it died together with the
                     body: as <hi rend="italic">Synesius</hi> writ of his companions sailing to
                     Alexandria, who in a tempest sodainly risen, seeing the outragious violence of
                     the Sea, drew their swords to cut their owne throats, so to giue way unto the
                     soule, which they thought otherwise to be in daunger to be drowned together
                     with the bodie: so much the poore slaue feared to be eaten up of the fishes.
                     But <hi rend="italic">Augustus</hi> moued with compassion (as saith <hi rend="italic">Seneca</hi>) pardoned the slaue, causing all the rest of the
                     glasses to be broken, and the pond to bee <milestone n="K" unit="unspec"/>
                     filled up. Yet <hi rend="italic">Dion</hi> the Historiographer, reporting the
                     same historie, saith that <hi rend="italic">Augustus</hi> could not obtaine
                     pardon of <hi rend="italic">Pollio</hi> for his slaue, neither to haue
                     commaunded the pond of Lampries to have bene filled up, than which nothing was
                     more pretious amongst the Remans: which for all that seemeth to have bene more
                     probable, seeing that <hi rend="italic">Seneca</hi> confesseth <hi rend="italic">Augustus</hi> to have bene therwith contented, neither to haue
                     bene therefore angrie with his friend <hi rend="italic">Pollio.</hi> And to
                     shew that this was no new matter more than two hundred yeares before,<note n="*" place="marg" anchored="true">Plut. in▪ vita Titi Flaminii.</note>

                     <hi rend="italic">Quintus Flaminius</hi> a Senator of Rome, caused one of his
                     slaues to be slaine, for no other cause but to gratifie and please his <hi rend="italic">Bardache,</hi>

                     <pb n="37" facs="21"/> which said that he had neuer seene a man slaine. Now if
                     it chaunced the maister to be <milestone n="A" unit="unspec"/> flame in his
                     house, by whomsoeuer that it was, all the slaues that at the same time were
                     under the same roofe, were put to death euerie mothers son. As chanced at the
                     murther of <hi rend="italic">Pedanius</hi> great Pretor of Rome▪ when question
                     was made of putting to death al his slaues, following (as saith <hi rend="italic">Tacitus</hi>) the auntient custome, the common people being
                        for<note place="marg" anchored="true">* Lib. 14.</note> the most part men enfranchised, fell
                     in mutinie, for that they knew well the murtherer was but one, &amp; yet
                     neuerthelesse there must be put to death 400 of his slaues, all innocent of the
                     fact: neuerthelesse the matter being debated in the Senat, it was there
                     resolued, That the antient custome shuld be kept, &amp; so accordingly al the
                     slaues were put to death. Her passe the murthering of slaues, enforced to kill
                     one another in the lists, or to be torne with wild beasts, so to giue pleasure
                     unto the people, and to breed in them a <milestone n="B" unit="unspec"/>
                     contempt of death. And although the law <hi rend="italic">Petronia</hi> had
                     forbidden slaues without cause to be cast unto the wild beasts: yet was it
                     neuer obserued, no more than the edict of the emperour <hi rend="italic">Nero,</hi> who was the first that appointed commissioners to heare the
                        complaints<note place="marg" anchored="true">* Sene. lib. 3. de Benefic.</note> of slaues:
                     and after him the emperour <hi rend="italic">Adrian</hi> ordained that
                     inquisition should be made against such as had maliciously without cause slaine
                     their slaues: how beit that long time before they were culpable as murtherers,
                     by the law <hi rend="italic">Cornelia:</hi> but that was holden in no regard,
                     and all that the poore slaues could do to saue themselves from the fury of
                     their maisters, was to flie unto the images of the gods, or of the emperours.
                     For neither the temple of <hi rend="italic">Diana</hi> in Rome, which king <hi rend="italic">Seruius</hi> (himselfe the sonne of a slaue) had appointed as
                     a sanctuarie for slaues; neither the image of <hi rend="italic">Romulus,</hi>
                     which <milestone n="C" unit="unspec"/> the Senat had of long time appointed for
                     the selfe same purpose; neither the Sepulcher of <hi rend="italic">Theseus</hi>
                     at Athens; neither the image of <hi rend="italic">Ptolemee</hi> at Cyrene;
                     neither the temple of<note place="marg" anchored="true">* Plu. in Thes.</note>

                     <hi rend="italic">Diana</hi> at Ephesus, could defend the slaues from the furie
                     of their angrie lords and masters. Howbeit that by the law of the Ephesians the
                     slaue which without iust cause had fled unto the temple of <hi rend="italic">Diana,</hi> was againe restored unto his master, being before sworne not
                     therefore to entreat him euill: but if the cause of his flight were iust, then
                     was he taken from his master and made seruant to <hi rend="italic">Diana:</hi>
                     except women, who might not enter into her temple. But <hi rend="italic">Tiberius</hi> of all other tyrants that euer were, the most craftie in his
                     old age, appointed his image for a sanctuarie, propounding capitall punishment
                     unto all such as should by violence draw any slaue from the same; to the intent
                     that by that <milestone n="D" unit="unspec"/> meane the slaues might for the
                     least occasion come to accuse their masters, yea euen of high treason. Insomuch
                     that as <hi rend="italic">Seneca</hi> writeth, a certaine Senator fearing to
                     bee bewraied of his slaue, craued pardon of <hi rend="italic">Tiberius</hi> for
                     that he had but bene about to touch his chamber pot with a ring upon his
                     finger, wherein the image of <hi rend="italic">Tiberius</hi> was engrauen. In
                     such sort, that the images of the emperours, but especially of tyrants were as
                     snares to entangle the magistrats in, who oftentimes secretly murthered their
                     slaues, for hauing recourse unto the images, so soone as they were returned
                     thence. But the law of God had therefore much better prouided, appointing
                     euerie mans house for a sanctuarie unto the slaue flying from his master,
                     forbidding to restore him againe unto his maister whilest he was yet in
                     choller. For all masters are not of like discretion to <milestone n="E" unit="unspec"/>

                     <hi rend="italic">Plato,</hi> which said to his slaue, That he would sharply
                     have corrected him, but that hee was angrie: whereas the Germans (as <hi rend="italic">Tacitus</hi> saith) neuer punish their seruants or children
                     but in their rage, and that as if they were their enemies. Thus we see the
                     lives of masters not well assured against their slaues; and the lives of slaues
                     much lesse against their masters. For who could assure himselfe of his life, or
                     of his goods in the time of the tyrannie of <hi rend="italic">Sylla,</hi> who
                     had proposed thirtie Sesterties unto free men, and unto bond men liberty, as a
                     reward if they should discover their masters, or bring in the head of any one
                     of them that were by him proscribed? In which feare the citisens were, vntill
                        <pb n="38" facs="22"/> that threescore thousand of them being slaine, and so
                     the state in a manner againe <milestone n="F" unit="unspec"/> appeased, a
                     certaine slaue yet presented unto <hi rend="italic">Sylla</hi> the head of his
                     lord &amp; master, whom <hi rend="italic">Sylla</hi> for so doing according to
                     his promise set at liberty, but by and by after caused him to be cast headlong
                     from the rocke Tarpeia. At such time also as persecution grew hot against the
                     Christians, there was no Christian master but was in daunger of his life, or
                     els glad to set at libertie his slaues. But the feare of persecution once
                     ceasing, the lords and masters themselves became tyrants over their slaues.</p><p>So the state of Families and Commonweals is alwaies in daunger of trouble and
                        ruine,<note place="marg" anchored="true">To great a multitude of slaues daungerous in a
                        Commonweale.</note> by the conspiracie of slaues combining themselves
                     together: all Histories being full of seruile rebellions and warres. And albeit
                     that the Romans were right great and mightie, yet so it was that they could not
                     let the slaues to rise against the state in al the <milestone n="G" unit="unspec"/> townes of Italie except Messana: and afterwards for all the
                     lawes they could make, they could not preuent but that threescore thousand
                     slaues rise in rebellion under the conduct of <hi rend="italic">Spartacus,</hi>
                     who in set battaile ouerthrew three armies of the Romans. For it is most
                     certaine, that in euerie country whatsoeuer, there was at least ten slaues for
                     one free man: as it is easie to iudge by the musters taken in Athens, where for
                     twentie thousand citisens were found ten thousand strangers, and foure hundred
                     thousand slaues. And Italie (victorious over all nations) had many moe, as a
                     man may perceiue by the Oration of <hi rend="italic">Cassius</hi> the Senator,
                     whereby he persuaded the Senat for the confirming of <hi rend="italic">Sylla</hi> his decree: We have at home (said he) whole nations of slaues
                     much differing among themselves in manners, fashions, language, and religion.
                     And namely <hi rend="italic">M.</hi>

                     <milestone n="H" unit="unspec"/>

                     <hi rend="italic">Crassus</hi> alone had five hundred slaues, who daily brought
                     in unto him the profit of their gainfull arts and trades; besides them whome he
                     imployed in his ordinarie and domesticall seruice. <hi rend="italic">Milo</hi>
                     also in one day set at libertie 300 slaues, least they should have bene put to
                     torture to depose concerning the death of <hi rend="italic">Clodius</hi>
                     Tribune of the people. And that multitude of slaues was it for which the Roman
                     Senate, desirous to put a difference in the habit of slaues, to the intent to
                     have them knowne from free men: one of the grauest Senators dissuaded the same,
                     showing the daunger like to ensue thereof, if the slaues should begin to enter
                     into the number of themselves; for that so they might easily dispatch
                     themselves of their maisters, for the easinesse of their rising into rebellion,
                     and the difference of their habits. unto which daunger Africke &amp; some
                        <milestone n="I" unit="unspec"/> part of Spaine should be subiect, if there
                     were such a multitude of slaue as in times past: for that they marked their
                     slaues in the face, which they did not in auntient time, except such of them as
                     were villanous and sturdie knaues, who were thereof called <hi rend="italic">Stigmatic;</hi> who at any time beeing manumised, could for all that neuer
                     enioy the full fruit of their libertie or the priuelege of citisens: marking
                     the rest upon their armes. And this was it for which the Lacedemonians seeing
                     their slaues to multiply exceedingly aboue the citisens (for the hope their
                     masters gaue them of libertie which could get most children, and for the profit
                     every man drew out of them in particuler) made a decree that three thousand of
                     them such as had the most able bodies should bee taken up for the warres: whome
                     so pressed out, they forthwith caused to be all in one night slaine,<milestone n="K" unit="unspec"/> and that so sodainly and secretly, as that no man knew
                     what was become of them, more than they which had the doing of the matter.</p><p>Now this feare that Cities and Commonweals had of their slaues, was the
                        cause<note place="marg" anchored="true">Why slaues were not suffred to beare armes.</note>
                     that they neuer durst suffer them to beare armes, or to be enrolled in their
                     musters, and that upon paine of death: and if by necessitie they were
                     constrained to take their slaues, they at the same time freely set them at
                     libertie. As did <hi rend="italic">Scipio Africanus</hi> the Greater, who after
                     the great ouerthrow of Cannas manumised 300 of his slaues, al able bodies.
                     Howbeit that <hi rend="italic">Florus</hi> writeth, That arms were giuento 8000
                     slaues; which we also read <pb n="39" facs="22"/> to have bene done in the
                     confederat warre. But <hi rend="italic">Cleomenes</hi> king of Lacedemonia
                     finding <milestone n="A" unit="unspec"/> himselfe vnable to withstand the
                     multitude of his enemies, as also of his slaues, his citisens being for the
                     most part slaine; in his so great necessitie proclaimed libertie to al such
                     slaues as were able to pay fiftie crownes for their heads: in which doing he
                     prouided himselfe both of souldiors and money. Yea not so much as the effeminat
                     people of Asia used their slaues in warres, except the Parthians, who might not
                     by their lawes manumise their slaues, whom they made almost as much of as of
                     their children: wherby they grew into such a multitude▪ that in their armie
                     wherwith▪ they put to flight the power of <hi rend="italic">M. Antonius,</hi>
                     consisting of fiftie thousand men, there was but 4500 free men, as we read in
                        <hi rend="italic">Iustin:</hi> yet had they no cause to rebell, being of
                     their masters so well entreated. But as for other people they were so
                     mistrustfull of their slaues, as that sometimes <milestone n="B" unit="unspec"/> they would not have them to serue in their gallies before they were
                     enfranchised: as did <hi rend="italic">Augustus,</hi> who at one time set at
                     libertie twenty thousand to serue him in his gallies. And for feare they had▪
                     least they should conspire together against the state, to keepe them alwaies
                     busied in other mechanicall arts, <hi rend="italic">Lycurgus</hi> amongst the
                     Lacedemonians, and <hi rend="italic">Numa Pompilius</hi> in Rome, forbad their
                     owne citisens to vse any manuall occupation. And yet they could not so well
                     prouide, but that euer there was some one or other desperat man, who
                     propounding libertie unto slaues, still robbed the State. As <hi rend="italic">Viriatus</hi> the Pirat, who made himselfe king of Portugall: <hi rend="italic">Cinna, Spartacus, Tacfarinas,</hi>

                     <note place="marg" anchored="true">* Appian. in bellis ciuilib. * Ios. in bello Iudaico.</note>
                     and <hi rend="italic">Simon</hi> the son of <hi rend="italic">Gerson,</hi>
                     captaine of the Iewes, who all of base companions made themselves great lords,
                     by giuing libertie unto the slaues that followed them. And the <milestone n="C" unit="unspec"/> civill warres yet continuing betwixt <hi rend="italic">Augustus</hi> and <hi rend="italic">M. Antonius,</hi> was not to be seene
                     but fugitiue slaues stil on the one side or the other: in such sort, as that
                     after the discomfiture of <hi rend="italic">Sex. Pompeius,</hi> there were
                     found thirtie thousand slaues which had taken part with him, whome <hi rend="italic">Augustus</hi> caused to be apprehended through his dominions,
                     and by a prefixed day to be againe restored unto their masters, commaunding the
                     rest to bee hanged that had no masters to lay claime unto them; as we read in
                        <hi rend="italic">Appian.</hi> And in truth the power of the Arabians grew
                     by no other meanes. For as soone as <hi rend="italic">Homar</hi> one of <hi rend="italic">Mahomets</hi> licutenants, had begun to raise warre in Arabia,
                     and promised libertie unto the slaues that should follow him, he drew such a
                     number after him, that in few yeares they made themselves lords of all the
                     East. The fame of which libertie, and <milestone n="D" unit="unspec"/> the
                     conquests made by those slaues, so encouraged the slaues of Europe, that they
                     began to take up armes, first in Spaine in the yeare 781, and afterward in
                     Fraunce in the time of <hi rend="italic">Charlemaigne,</hi> and of <hi rend="italic">Lewes</hi> the godly; as is to bee seene by their Edicts then
                     made against the conspiracie of slaues. And after that also <hi rend="italic">Lothaire</hi> the sonne of <hi rend="italic">Lewes,</hi> hauing lost two
                     battels against his brethren, called the slaues unto his aid with promise of
                     libertie: who afterwards gaue the ouerthrow unto their masters in the yere 852.
                     When sodainly this fire took such hold in Germanie, where the slaues hauing
                     taken up armes, so troubled the state of the German princes and cities, that
                        <hi rend="italic">Lewes</hi> king of the Almans was constrained to raise all
                     his forces to subdue them.</p><p>And this was the cause that the Christian princes by little and little released
                     their <milestone n="E" unit="unspec"/>

                     <note place="marg" anchored="true">The cause why Christian princes by little and little
                        released their slaues.</note> seruitude, and enfranchised their slaues,
                     reseruing onely unto themselves certaine seruices, and the auntient right of
                     succession, if their enfranchised slaues should chance to die without issue: a
                     custome yet in vse in all the lower Germanie; as in many places in Fraunce, and
                     England also. For as yet many remembrances of bondage remaine in the Christian
                     Commonweale: as is to be seene in the lawes of the Lombards &amp; Ripuaires
                     whereby slaues could not have their iust libertie, or alienat their goods,
                     vntill they had bene twice manumised: and oftentimes the lord or master ioyned
                     unto the act of infranchisment, That it was done for the health of his soule.
                     For they which first laid the <pb n="40" facs="23"/> foundation of the
                     Christian Commonweale, had nothing in more regard, than to <milestone n="F" unit="unspec"/> find the means how Christian slaues might be set at liberty:
                     so that in hope therof many of them oftentimes became Christians; &amp; their
                     masters for the health of their souls were content so to enfranchise them. Wee
                     also read in the Histories of Africk, how that <hi rend="italic">Paulinus</hi>
                     bishop of Nolo, after hee had sold all his goods to redeeme Christian slaues,
                     at last (which a man would wonder at) sold himselfe also unto the Vandales for
                     his brethren. And hereof came the manumission of slaues made in churches before
                     the bishops. Whereof, in the raigne of <hi rend="italic">Constantine</hi> the
                     Great, ensued such a multitude of poore and needie men, who had nothing but
                     their libertie to live upon (of whome the most part would do nothing, and the
                     rest could do nothing) as that cities were with nothing more charged than with
                     them. Hereof, began the almes-houses, and <milestone n="G" unit="unspec"/>

                     <note place="marg" anchored="true">The beginning of a<gap reason="illegible" extent="1+_letters" instant="false"/>mes houses and
                           hospital<gap reason="illegible" extent="1+_letters" instant="false"/>.</note> hospitals, for the reliefe of
                     little children, of the aged, of the sicke, and of them that could not labour,
                     to be erected and endowed by the Christian princes, at the requests of the
                     bishops. Hereof S. <hi rend="italic">Basil</hi> in his sermons complaineth,
                     that the cries and gronings of the poore and weake were in the Churches
                     confounded and mingled with the songs and prayers of the Priests. Much about
                     which time <hi rend="italic">Iulian</hi> the Apostata in despite of the
                        Christians<note n="*" place="marg" anchored="true">Nicephorus.</note> exhorted the Pagan
                     bishops by the example of the Christians to the building and endowing of
                     almes-houses and hospitals for the reliefe of their poore. And for that poore
                     men set at libertie, did oftentimes lay forth their children to bee brought up
                     of the charitie and liberalitie of the Christians: <hi rend="italic">Gratian</hi> made a law, That the children so exposed and left unto the
                     world, should be slaues unto them that had <milestone n="H" unit="unspec"/> so
                     nourished and brought them up. And not long after, <hi rend="italic">Valens</hi> the Emperour by an Edict gaue power to euerie man to take up
                     the vagrant and idle persons, and to cause them to serue them as slaues;
                     forbidding also and that upon paine of death, any to goe into the woods or
                     deserts there to live as Her<gap reason="illegible" extent="1+_letters" instant="false"/>ts; of whome he caused a
                     great number which had contrarie to his Edict so gone out, to be executed; to
                     the intent to cut off idlenesse, and to draw euerie man unto labour. But after
                     that Idolatrie began to decay, and the Christian religion to encrease, the
                     multitude of slaues began also to diminish; and yet much more after the
                     publishing of the law of <hi rend="italic">Mahomet,</hi> who set at libertie
                     all them of his religion. To the imitation of whome, the Christians also so
                     frankly set at libertie their slaues, as that all seruitude and slauerie seemed
                     in that age to have <milestone n="I" unit="unspec"/> bene shut up with the West
                     Indians, wherein the Christians had shaken off from their necks all bondage,
                     about the yere 1250: yet for all that, that there were slaues in Italie in the
                     yeare 1212, it is euident, as well by the lawes of <hi rend="italic">William</hi> king of Sicilie, and <hi rend="italic">Frederick</hi> the
                     second Emperour; as also by the decrees of the bishops of Rome, <hi rend="italic">Alexander</hi> (I say) the third, <hi rend="italic">Vrban</hi>
                     the third, and <hi rend="italic">Innocentius</hi> the third, concerning the
                     marriages of slaues, which the Lawyers call <hi rend="italic">Contabernia,</hi>
                     or keeping of companie together: which <hi rend="italic">Alexander</hi> was
                     chosen Pope in the yeare 1158, <hi rend="italic">Vrban</hi> in the yeare 1185,
                     and <hi rend="italic">Innocentius</hi> in the yeare 1188. Whereby it is
                     euident, the Christian Common▪ weale to have bene cleere of slaues since the
                     yeare 1250, or there about. For <hi rend="italic">Bartholus</hi>

                     <note place="marg" anchored="true">A time wherein there were no <gap reason="illegible" extent="1_word" instant="false"/> in the
                        Christian Commonweale.</note> who flourished in the yeare 1300, writeth that
                     there were no slaues in his time; and <milestone n="K" unit="unspec"/> that by
                     Christian lawes men might no more sell themselves, understanding the Edicts
                     made by the Christian princes: which when <hi rend="italic">Nicholas</hi> the
                     Sicilian, otherwise called the Abbot of Panormo had learned of <hi rend="italic">Bartholus,</hi> he thought it a thing well worth the noting.
                     Neuerthelesse we read in the Historie of Polonia, that euerie prisoner taken in
                     good warre, was then and long time after slaue unto him that had taken him, if
                     the king would not pay two Florins for his head, as I have before said: and yet
                     at this present the subiects bound unto the soyle whereon they were borne,
                     which they call <hi rend="italic">Kmetos,</hi> are in the power of their lords,
                     who may at their pleasure kill them, and not bee called <pb n="41" facs="23"/>
                     into question therefore: and if so be that they kill another mans subiect, then
                     are they <milestone n="A" unit="unspec"/> acquited by paying ten crownes; the
                     one moitie to the lord, and the other moitie unto the heires: so as we read in
                     the lawes of Polonia; which are the like in the kingdoms of Denmarke, Sweden,
                     and Norway. But it is more than 400 yeares agoe, since that Fraunce suffered in
                     it any true slaues. For as for that which we read in our histories, that <hi rend="italic">Lewes Hutin,</hi> who came to the crowne in the yeare 1313
                     (the selfe same time that <hi rend="italic">Bartholus</hi> lived) set at
                     libertie all slaues for money▪ to defray the charges of his warres;<note place="marg" anchored="true">When slaues ceased in France</note> that is, as I take it, to
                     be vnderstood of manumised men, which we call Mort-maines, whome we euen yet at
                     this present see to be set at libertie by the kings royall letters patents,
                     from that bond of seruitude wherby they are prohibited to marrie a wife, or to
                     alienat their goods out of the territories of their Patron. So also we are to
                     vnderstand <milestone n="B" unit="unspec"/> the edict of <hi rend="italic">Charls</hi> the fift the French king, wherin in cities every 70 families,
                     in country villages euerie hundred families, and every 200 heads of slaues,
                     were be charged with a man at armes; which they should not have done if they
                     had bene in the possession of another man, &amp; accounted as another mans
                     goods. So it is also to be vnderstood that is written of <hi rend="italic">Humbert Dauphin,</hi> who at the same time by one edict enfranchised all
                     the slaues of Dauphine, and commaunded the same to be enrolled in the publick
                     acts and lawes of the countrey. The same curtesie used <hi rend="italic">Theobald</hi> countie <hi rend="italic">d'Blois</hi> towards his slaues, in
                     the yeare 1245. To this also belongeth that which wee read of <hi rend="italic">Sugerius</hi> abbot of the couent of S. <hi rend="italic">Dionyse,</hi> who
                     set at libertie his manumised slaues, so that they chaunged their dwelling. And
                     also the auntient decree of the Parliament of Paris,<milestone n="C" unit="unspec"/> whereby it was permitted to the bishop of Chalons, by the
                     consent of his Chapiter, to enfranchise his slaues. <hi rend="italic">Charles</hi> the seuenth also comming to the crowne in the yeare 1430
                     enfranchised diuers persons of seruile condition. And in our memorie king <hi rend="italic">Henry</hi> the second by his letters pattents enfranchised
                     them of <hi rend="italic">Burbonnois,</hi> in the yere 1549. By whose example
                     also the duke of Sauoy did the like in all his countries, in the yeare 1561.
                     All which we see done in the great favour of libertie. Whereas otherwise the
                     Prince, of his owne lawfull power could not enfranchise another mans slaue, and
                     much lesse the magistrat, what intercession soeuer the people should make:
                     neither could he so much as giue unto him that was by another man enfranchised,
                     so much as leaue to weare a ring of gold, without the consent of his patron.
                     For <hi rend="italic">Commodus</hi> the Emperour <milestone n="D" unit="unspec"/> by his edict tooke from all them their rings of gold, who had obtained that
                     priueledge of the prince without leaue of their Patron: neither would he haue
                     it any thing preiudiciall unto the Patron, that his enfranchised slaue had
                     obtained of the prince this priueledge, albeit that the prince had restored him
                     to the state of a free borne man: which was a far greater matter than to haue
                     obtained the priueledge to weare a ring of gold: which albeit that it belonged
                     unto the prince onely to grant, yet so it was neuerthelesse in the time of <hi rend="italic">Tertullian,</hi> that the patrons had in a manner got that
                     power unto themselves,<note place="marg" anchored="true">* Tertul. in de resurrection.</note>
                     giuing unto their enfranchised slaues a ring of gold and a white gowne, in
                     stead of yron giues and whips, causing them so attired to sit downe at the
                     table with them, and to beare their name. And at last <hi rend="italic">Iustinian</hi> himselfe by a generall edict restored all <milestone n="E" unit="unspec"/> them that had bene slaues enfranchised unto the state of
                     free borne men; so that for the confirmation thereof they needed not afterwards
                     any the princes charter. Which law for all that we vse not: for in<note n="*" place="marg" anchored="true">viz. <hi rend="italic">France.</hi>

                     </note> this realme he must of necessitie obtaine the prince his letters
                     patents, which have alwaies used to restore unto manumised men and of seruile
                     condition, the state of free borne men, and to blot out all the staine of their
                     old slauerie; which letters were woont to be both requested and obtained
                     without the leaue of the patron: who for all that may lay hands upon such goods
                     of his enfranchised slaue as were got before he was set at libertie wheresoeuer
                     they be; as not long since <pb n="42" facs="24"/> was adiudged by the court of
                     Paris: as for such things as they get afterwards they may <milestone n="F" unit="unspec"/> hold them to themselves; and hauing no children, by their
                     testaments bestow them upon whome they please. I have seene the lord of the
                     White Rocke in Gascongue claime to have not onely a right over his manumised
                     subiects, and also that they were bound to trimme his vines, to till his
                     grounds, to mow his meddows, to reape and thresh his corne, to carrie &amp;
                     recarrie whatsoeuer he should command them, to repaire his decayed house, to
                     pay his ransome, and also the foure accustomed payments used in this realme;
                     but also that if without his leaue they should chaunge their dwelling places
                     wherein they were borne, or depart out of his land, hee might lead them home
                     againe in an halter: unto all which the aforesaid seruices his manumised people
                     yeelded, sauing unto the last, which by a decree of the Parlement of Tholouze
                     was cut off,<milestone n="G" unit="unspec"/> as preiudiciall unto the right of
                     libertie. Truly they whome the Polonians call Kmetons, are not compelled to do
                     their patrons so great seruice; but yet suffer things much grieuous: for that
                     any man may kill them for the small paiment of ten crownes, and their lord may
                     so doe for nothing. And in former time it was lawfull amongst the Indians by
                     all meanes to tyrannise upon their seruants, which were in number infinit, yea
                     and to kill them also; vntill that <hi rend="italic">Charles</hi> the fift by a
                     law which he made commanded then all to be free. But in Fraunce, although there
                     be some remembrance of old seruitude, yet is it not lawfull there to make any
                     slaue, or to buy any of others: Insomuch that the slaues of strangers so soone
                     as they set their foot within Fraunce become<note place="marg" anchored="true">Slaues by
                        comming into France become free.</note> franke &amp; free; as was by an old
                     decree of the court of Paris determined against <milestone n="H" unit="unspec"/> an ambassador of Spain, who had broght a slaue with him into France. And I
                     remember that of late a Genua marchant hauing brought with him unto Tholouze a
                     slaue whome he had bought in Spaine, the hoast of the house understanding the
                     matter, persuaded the slaue to appeale unto his libertie. The matter being
                     brought before the magistrats, the marchant was called for; the Atturney
                     general out of the records showed certaine auntient priueledges giuen (as is
                     said) unto them of Tholouze by <hi rend="italic">Theodosius</hi> the Great,
                     wherein he had granted, That slaues so soone as they came into Tholouze should
                     be free. The marchant alledging for himselfe that he had truly bought his slaue
                     in Spaine, and so was afterward come to Tholouze, from thence to goe home to
                     Genua, and so not to be bound to the lawes of Fraunce. In the end hee requested
                        <milestone n="I" unit="unspec"/> that if they would needs deale so hardly
                     with him, as to set at libertie another mans slaue, yet they should at least
                     restore unto him the money hee cost him: whereunto the Iudges aunswered, That
                     it was a matter to be considered of. In the meane time the marchant fearing
                     least he shou<gap reason="illegible" extent="1+_letters" instant="false"/>d loose both his dutifull slaue and his
                     money also, of himselfe set him at libertie, yet couenanting with him that he
                     should serue him so long as he lived. Yet for all that, those priueledges which
                     they of Tholouze boast to have bene granted them by <hi rend="italic">Theodosius,</hi> seeme not to have bene so, seeing that Narbona a true
                     Colonie of the Romans, and the most auntient that was in Fraunce, Lectore,
                     Nysmes, Vienne, Lyons, Arles, Romans, and many others, which were also Roman
                     Collonies, no nor Rome itselfe the verie seat of the Empire, had not any such
                        priueledge.<milestone n="K" unit="unspec"/> And thus much concerning the
                     enfranchising of slaues.</p><p>But now here might a man say, If it be so that the Mahometans have enfranchised
                     all the slaues of their religion, which hath course in all Asia, and almost in
                     all Africke,<note place="marg" anchored="true">Now it commeth to paste tha<gap reason="illegible" extent="1+_letters" instant="false"/>

                        <gap reason="illegible" extent="1+_letters" instant="false"/>es <gap reason="illegible" extent="1_word" instant="false"/> be so many <gap reason="illegible" extent="1_word" instant="false"/> in the world.</note> with a good part of Europe also;
                     and the Christians have semblably done the like (as we have before showed:) how
                     commeth it to passe that yet the world is so full of slaues and slauerie? For
                     the Iewes may not by their lawes have any slaue of their own nation, neither by
                     the lawes of the Christians may they have any Christian. Truely all in that
                     swerue from the law of God: For the law of God forbiddeth any slaue to <pb n="43" facs="24"/> be made by the order of the Israelites amongst
                     themselves, except that any of them <milestone n="A" unit="unspec"/> shall of
                     his owne accord giue himselfe in bondage to another, and suffer▪ his eare to
                        be<note place="marg" anchored="true">* Exod. 2<gap reason="illegible" extent="1+_letters" instant="false"/>.</note> bored
                     through to a post with an aule: truely it adiudgeth the debtors vnto<note n="*" place="marg" anchored="true">Deut. <gap reason="illegible" extent="1+_letters" instant="false"/>5.</note> the creditors, and
                     suffereth the Iewes to bee sold for pouertie: yet the same law commaundeth them
                     at the seuenth yeare to be set at libertie. And although a man have enthraled
                     himselfe, and suffered himselfe to be thrust through the eare with an aule,
                     insomuch that he be bound to perpetuall seruitude: yet neuerthelesse all the
                     interpretors of the law affirme, That in the yeare of Iubiley he shall againe
                     recover his libertie, except he had rather againe serue than become free. But
                     such bondslaues as were borne of those kind of slaues which had of their owne
                     accord giuen themselves into bondage, they were in the fiftith yeare to be set
                     free: at which time the law by<note n="*" place="marg" anchored="true">Leuit. 2<gap reason="illegible" extent="1+_letters" instant="false"/>. Herom. 32. Num. 13.</note> the sound of <milestone n="B" unit="unspec"/> trumpet denounceth libertie unto all manner of slaues.
                     Yet doth the law permit them to have straungers, of another nation and religion
                     than their owne, in perpetuall bondage; and that their posteritie and nephews
                     might vse the same right against straungers, that straungers might against the
                     Isiaelites: than which kind of slaues <hi rend="italic">Iulian</hi> the
                     Emperour writeth none to have bene better. You see (saith he) how willingly the
                     Syrians serue other nations: and contrariwise what a loue of libertie is in the
                     people of the Celtes. But the Iewes when they had bought any straunge
                     bond▪slaues of the Christians, or of the Pagans, they instructed them in their
                     owne religion, and so circumcised them: which thing <hi rend="italic">Traian</hi> by a speciall law forbad: and albeit that they had yeelded vnto
                     their lords or maisters religion, yet neuerthelesse they enforced them
                        <milestone n="C" unit="unspec"/> still to serue: Whereas by<note n="*" place="marg" anchored="true">Exod. 12. Numer. 49.</note> the law it was prouided, that such
                     straungers as being circumcised had receiued the law of God, should enioy the
                     same priuiledges and benefits that the natural citisēs did. The same law
                     (saith it) shal be unto the stranger &amp; the citisen. That is it that God by
                     the Prophet <hi rend="italic">Ieremie</hi>

                     <note n="*" place="marg" anchored="true">Hier. 34.</note> complaineth of, Slaues not to be set
                     at libertie according to the law: and therefore a most heauie bondage to hang
                     over the maisters heads from their enemies. Hereupon also <hi rend="italic">Philip</hi> the French king draue the Iewes out of his kingdome, confi<gap reason="illegible" extent="1+_letters" instant="false"/>cating their goods, for that contrarie unto the law
                     they circumcised Christians, and tooke them unto themselves into bondage for
                     slaues. The like deceit we see the Mahometans to vse, whose manner is to
                     circumcise and to instruct in their religion such Christians as they have taken
                     in warre, or bought of pirats,<milestone n="D" unit="unspec"/> or at leastwise
                     their children, whome neuerthelesse they compell to serue with all their
                     children and posteritie. Whose example the Portingals following, compell the
                     bondmen whome they have bought out of Africke, to abiure the Mahometan
                     religion, and instructing them in the Christian religion, cause them
                     neuerthelesse with their children and ofspring to serue them in perpetuall
                     slauerie: so that now whole droues of slaues are sold and that openly in all
                     parts of Portugall, as if they were beasts. In like manner the Spaniards hauing
                     brought the Neigros unto the Christian religion, keepe them neuerthelesse and
                     all their posteritie for slaues. And albeit that <hi rend="italic">Charles</hi>
                     the fift had by a generall edict made in the yeare 1540 set at libertie all the
                     slaues of the West Indies, neuerthelesse a sedition there rising through the
                     couetousnesse and insolencie of <milestone n="E" unit="unspec"/> them that were
                     in greatest power, <hi rend="italic">Gonsales Pizzare</hi> gouernor of that
                     prouince reuolted from <hi rend="italic">Charles:</hi> whose power when <hi rend="italic">Lagasca</hi> had discomfited, and for publike example had
                     caused him to be beheaded together with the chiefe men of that rebellion, hee
                     according to the edict, set at libertie all the slaues; yet with condition,
                     that they should still serue their patrons. And yet for all that it could not
                     be brought to passe, but that <hi rend="italic">Lagasca</hi> returning into
                     Spaine, these late enfranchised men fell againe into their slauerie: and
                     especially for the profit which their lords and masters were▪in hope to have by
                     the selling of them: to the imitation of the Portugals, who first called in
                     againe Seruitude, <pb n="44" facs="25"/> now for many worlds of yeares buried
                     in forgetfulnesse in Europe; and are in <milestone n="F" unit="unspec"/>

                     <note place="marg" anchored="true">The Portugals the first that called in slauery againe into
                        Europe.</note> short time like enough to disperse the same over all Europe,
                     as it is now alreadie begun in Italie. For now a good while ago Africa and
                     Asia, and the Easterne part of Europ also have accustomed to nourish and bring
                     up in every citie, stocks of slaues, in like maner as if they were beasts, and
                     of them to make a great marchandise and gaine. For within this hundred yere the
                     Tartars (a kind of Scythian people) in great number with fire and sword entring
                     into the borders of Moscouia, Lituania, and Polonia, carried away with them
                     three hundred thousand Christians into captiuitie. And not long ago euen in our
                     memorie, <hi rend="italic">Sinan Bassa</hi> hauing taken the Ifle of Gozo neere
                     unto Malta, led away with him 6300 Christians, and all the inhabitants of
                     Tripolis in Barbarie, which he sold in Graecia. So that it is not to be
                     maruelled that the captaine of the <milestone n="G" unit="unspec"/> Turkes
                     Ianizaries, and either of his Chauncellors (whome they call Cadelesquiers) vse
                     euerie one of them at their entrance into their office to receiue of the prince
                     three hundred slaues. For as concerning the Turkes Pretorian souldiors, and
                     those youths which are taken from the Christians as tribute, and are called
                     tribute children, I neuer accounted them for slaues; seeing that they are
                     enrolled in the princes familie, and that they alone enioy the great offices,
                     honours, priesthoods, authoritie and honour; which nobilitie extendeth also
                     unto their nephewes in the fourth degree, and all their posteritie afterward
                     beeing accounted base, except by their vertue and noble acts they maintaine the
                     honour of their grandfathers: For the Turkes almost alone of all other people
                     measure true nobilitie by vertue, and not by discent or the antiquitie of
                        <milestone n="H" unit="unspec"/>

                     <note place="marg" anchored="true">No man noble among the Turkes but for his valor or his
                        vertue.</note> their stocke; so that the farther a man is from vertue, so
                     much the farther hee is (with them) from nobilitie.</p><p>Wherefore seeing it is proued by the examples of so many worlds of years, so
                     many inconueniences of rebellions, seruile warres, conspiracies euersions and
                     chaunges to have happened unto Commonweals by slaues; so many murthers,
                     cruelties, and detestable villanies to have bene committed upon the persons of
                     slaues by their lords and masters: who can doubt to affirme it to be a thing
                     most pernitious and daungerous to have brought them into a Commonweale; or
                     hauing cast them off, to receiue them againe? Now if any man shall say, That
                     the rigour of the lawes may by forbidding, and seuere punishment moderat the
                     cruelty of maisters over their slaues:<milestone n="I" unit="unspec"/> What law
                     can there be more iust, more strong, and indifferent, or better than the
                        laws<note place="marg" anchored="true">Reasons for the bringing in againe of slauery
                        answered.</note> of God, which hath so wisely prouided as to forbid to
                     chastise slaues with whips (which the Roman lawes permitted) and willeth the
                     slaue to be enfranchised, if his maister shal breake any lim of him? which law
                        <hi rend="italic">Constantine</hi> the Emperour afterward approued. But who
                     shall prosecute the suite against the lord for the death of the slaue? who
                     shall heare the complaint? who shall exact due punishment therefore? shall hee
                     that hath nothing to do therwith? considering that tyrants hold it for a rule
                     in policie, That one cannot be too seuere unto his subiects, so to keepe them
                     low and obedient. But the Spaniards (some will say) entreat their slaues
                     courteously, teach them, and bring them up, yea and that much more kindly than
                     they do their hired seruans: and they againe <milestone n="K" unit="unspec"/>
                     on their part serue their lords and masters with all chearefulnes and loue
                     incredible. But concerning the Spaniards it is a common saying, That there are
                     no maisters more courtious than they at the first; as generally all beginnings
                     are pleasing: so also it is most certaine, That there is no greater loue, than
                     the loue of a good slaue towards his lord: prouided that it meet with an humor
                     agreeing with it selfe. For which cause the law of God (in mine opinion) hath
                     so wisely prouided that no man should serue a perpetuall seruitude, but he
                     which hauing serued seuen yeres, and so well tasted the humor and disposition
                     of his master or creditor, had consented to bee his slaue for euer. But <pb n="45" facs="25"/> sith there are so few men one like unto anothe<gap reason="illegible" extent="1+_letters" instant="false"/> and contrariwise the varietie and <milestone n="A" unit="unspec"/> naturall disposition of them infinit, what law giuer can
                     unto them all prescribe one generall edict, law, or rule. The auntient prouerb,
                     which saith, <hi rend="italic">So many slaues, so many enemies in a mans
                        house,</hi> showeth right well what friendship, faith and loyaltie a man may
                     looke for of his slaues. Of a thousand examples of antiquitie I will recite but
                     one, which happened in the time of <hi rend="italic">Iulius Pontanu<gap reason="illegible" extent="1+_letters" instant="false"/>,</hi> who reporteth, That a slaue seeing<note place="marg" anchored="true">An horrible example of the crueltie of a faithlesse
                        slaue.</note> his lord absent, barred the gates, and hauing shamefully
                     abused his mistresse, bound her, tooke his maisters three children, and so
                     going up to the highest place of the house, seeing his maister comming home,
                     first cast downe unto him upon the pauement one of his children, and after that
                     another: the wofull father all dismaid, and fearing least hee should throw
                     downe the third likewise, with prayers and teares besought the slaue to
                        <milestone n="B" unit="unspec"/> spare him that was yet left, promising him
                     forgiuenesse for that hee had alreadie done, and libertie also if he would but
                     saue that third. Which his request the slaue yeelded vnto, upon condition that
                     he should cut off his owne nose: which he chose rather to doe; than to loose
                     his child. But this done, the slaue neuerthelesse cast downe the third child
                     also; and so at last to take that revenge of himself, which his lord thought to
                     have done, cast headlong downe himselfe also. And not to be tedious, I omit
                     poysonings, murders, burnings, and many other mischiefes oftentimes euerie
                     where done by slaues. But these inconueniences, you will say, are counteruailed
                     and recompensed with other mutuall profits; for that by receiuing in of slaues
                     we cut off the infinit number of vagabonds and bankrupts, who after they haue
                     deuoured al, would pay their creditors with <milestone n="C" unit="unspec"/>

                     <note place="marg" anchored="true">Reasons for th<gap reason="illegible" extent="1+_letters" instant="false"/> maintaining of
                        slauerie in a Commonweale.</note> bils: &amp; that by that means might be
                     driuen away such a multitude of rogues &amp; naughtie doers, which eat up whole
                     townes, and as drones sucke the hony from the bees: ioyne also unto this, that
                     of such idle mates, theeves and pirats furnish themselves; besides that, famine
                     and euil prouision for the poore, draw into townes all populer diseases; for
                     the poore we must nourish and not kill, although it be in a sort to kill them,
                     to refuse to nourish them (as saith S. <hi rend="italic">Ambrose.</hi>) These
                     reasons beare some show of truth.<note place="marg" anchored="true">The same reasons
                        answered.</note> For as concerning debtors, if they be not able to pay, God
                     his law commaundeth them to be adiudged to their creditors for seuen yeares,
                     but yet not into perpetuall bondage▪ howbeit that the law of the twelue tables,
                     practised in all the West Indies, and in the greatest part of Africke, will
                     that they remaine still prisoners unto the creditors, vntill <milestone n="D" unit="unspec"/> they be fully satisfied. For they which have taken away from
                     debtors in ciuil cases the benefit, to leaue unto their creditors all such
                     goods as they had, and command them to be committed not to their creditors, but
                     to prisons, as the Turkes do; seeme to mee to take away not onely from the
                     creditors, but also from the debtors, all power to keepe themselves, yea and
                     their lives also, as taking from them the meane for them to trauell, and to
                     gaine to acquit themselves. But as for theeves and pirats, there was neuer in
                     any time moe than when the multitude of slaues was encreased: For that the
                     slaue not able to endure slauerie, and at length breaking from his maister, was
                     alwaies constrained to be a theefe or a pirat, not being able to endure his
                     maister, neither to show himself being marked, nor to live hauing nothing to
                     live upon. A better example whereof cannot <milestone n="E" unit="unspec"/> be
                     than that of <hi rend="italic">Spartacus</hi> the fensor, who at one time
                     assembled out of the verie bowels of Italie three score thousand slaues; when
                     as at the same time aboue fourescore thousand pirats with nine hundred saile of
                     ships were rouing over all the Mediterannean, and had with so great forces
                     taken 400 cities upon the sea coast; as that the Roman Empire was both by land
                     and sea as it were beset with theeves and robbers. But the wise law giuer is
                     not hee that driueth robbers out of the Commonwealth, but he that suffereth
                     them not therein to enter: which may easily bee done without that direfull
                     slauerie, so dreadfull unto states and cities; by erecting in every towne and
                     citie <pb n="46" facs="26"/> publick houses for poore children, where they may
                     learne diuers trades and occupations,<milestone n="F" unit="unspec"/> as they
                     do <gap reason="illegible" extent="1_word" instant="false"/> Paris, hio<gap reason="illegible" extent="1+_letters" instant="false"/>s, and Venice,
                     and other well gouerned towns, where Seminaries of Artiz<gap reason="illegible" extent="1+_letters" instant="false"/> are brought upto the great benefit of the Commonweale.
                     But in such places as wherein slaues are now alreadie receiued, I am not of
                     opinion to have them altogether and <gap reason="illegible" extent="1+_letters" instant="false"/>pone time set at
                     libertie, as <hi rend="italic">Charles</hi> the Emperour did at Peru: for that
                     so they hauing nothing to live upon, nor occupation to gaine by, and delighted
                     with the sweetnesse of idlenesse and libertie, would take no paines: in such
                     sort that the most part of them died for hunger: but the best way is, by little
                     and little to enfranchise them, hauing before their enfranchisement taught them
                     some occupation whereby to releeue themselves. Now if some shall say, That no
                     man is a good master, but he that hath before bene a good seruant: I say that
                     to be an opinion euill <milestone n="G" unit="unspec"/>

                     <note place="marg" anchored="true">The old saying, That no man can be a good master, but he
                        which hath before bene a good <gap reason="illegible" extent="1_word" instant="false"/>, refuted.</note>
                     grounded, although it be right auntient: for there is nothing that doth more
                     discourage and ouerthrow, (and if I may so say) a bastardise a good and noble
                     mind, than seruitude; or that doth more abate the naturall maiestie of good
                     natures to commaund over others, than to have bene once a slaue. <hi rend="italic">Salomon</hi> also the maister of wisedom saith in his
                     Prouerbs, That there is nothing more intollerable, than when a slaue is become
                     a maister, or a handmaid a mistresse: which he referreth not only unto a more
                     misticall sence; as when our intemperat desires beare rule over our reason: but
                     unto him also which so dainly passeth from one extremitie to another; as from
                     seruitude to commaund. But if it be true that reason and the law of God is
                     alwaies and euerie where to take place, and that it was not shut up only within
                     the bounds of Palestine: why should <milestone n="H" unit="unspec"/> not that
                     law so profitably &amp; so wisely made by God himselfe, concerning slauerie
                     &amp; libertie, stand in force, rather than that which was by mans wisedom
                     deuised? Howbeit that the Tartars (which are by many thought to bee descended
                     from the ten tribes of Israel) have alwaies enfranchised their slaues at the
                     end of seuen yeres: yet with condition that they should depart out of their
                     country: which condition was first by <hi rend="italic">Papinian</hi> (the
                     great lawyer) reiected, but afterwards by him againe receiued; but beeing
                     ioyned unto enfranchisments; is accounted as if it were not written at all. And
                     thus much concerning the power of a maister over his slaue, and whether slaues
                     are to be suffered in a well ordered Commonweal. But now that we haue
                     sufficiently, &amp; yet also as briefly as was unto vs possible, entreated of a
                     Familie, &amp; of all the parts therof, which is the foundation <milestone n="I" unit="unspec"/> of the whole cōmonweale; let vs now likewise also
                     speak of a Citisen &amp; a City.</p></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>