A free
subiect holding of the soueraigntie of another man. For
before there was either Citie or citisen, or any forme of a Commonweale amongst
men, euerie master of a familie was a maister in his owne house, hauing power
of life and death over his wife and children: but after that force, violence,
ambition, couetousnesse, and desire of revenge had armed one against another,
the issues of warres and combats giuing victorie unto the one side, made the
other to become unto them slaues: and amongst them that ouercame, he that was
chosen cheefe and captaine, under whose conduct and leading they Lord and Seruant,
of Prince and Subiect, before
vnknowne unto the world, were first brought into vse. Yea Reason, and the verie
light of nature, leadeth vs to beleeue veryThucydides, Plutarch, Caesar, &
also by the laws of Solon, That the first men that bare
rule, had no greater honour and vertue, than to kill, massacre and rob men, or
to bring them in slauerie. These be the words of Plutarch. Yet have we more also the witnesse of the sacred history,
where it is said, that Nimroth the nephew of Cham, was the first that by force and violence brought
men into his subiection, establishing his kingdome in the countrey▪ of Assyria: and for this cause they called him the Mightie hunter, which the Hebrews interpret to be a
theefe and robbPhilo the Iew, and Iosephus by their
testimonies confirme, viz.
by his wealth and power to have first exercised Demosthenes, Aristotle, and Cicero, to have mistakenHerodotus, who saith, That the first kings
were chosen for their iustice and vertue; and have hereof faigned unto vs I wot
not what heroicall and golden worlds: an opinion by me by most certaine
arguments and testimonies elswhere refelled; seeing that the first Cities and
Commonweals, long before the time of Abraham were full
of slaues: as also not long agoe the Westerne islands did swarme with them at
such time as the Spaniards subdued them: a thing that could not possibly be,
but by extreame violent forcing the free lawes of nature. And it is not yet
past seuentie yeares that the people of Gaoga in Africke had neuer felt or
heard of any king or lord whatsoeuer, vntill that one amongst them a trauell or
Leo of Africke. This was the beginning of
And thus much concerning the beginning of Commonweals, which may serue to
manifest the definition of a Citisen, by vs before set down, to be true, which
is no other thing to say, but A free subiect holding of the
soueraignitie of another man. A free subiect
Cicero hath noted out of the law of the
twelue tables;Hotes, or Hostes, were in antient time
Acursius) but
straungers, be they another mans subiects, or themselves soueraignes in their
owne countrey.
Now amongst them whome we said to be subiects unto publick empires and
soueraigne power; some are naturall, some are naturallised; and of them which
are naturallDemosthenes the Orator,
which he made unto the people after the great ouerthrow at Cherronaea, That all
the inhabitants of Athens, as well the enfranchised as others, might be
accounted Citisens; was reiected and denied, for feare least the enfranchised
men (of whom there was a great multitude) should become lords of their estate,
and with the number of voyces exclude the naturall Citisens from all honours
and promotions; which the greatest number still carried away: which thing the
Romans at the first not regarding, had almost before they were aware fallen
into the power of the enfranchised men, had not Fabius
Maximus in good time foreseene the matter, and thrust the multitude of
the enfranchised men, before dispersed amongst all the tribes, into foure
tribes apart by Fabius the Censor, he tooke the surname of Maximus (or of the Greatest:) in which doing he amended the errors of
Appius the Censor▪Fabius) it was granted unto the Citisens enfranchised, that they might
enroll one of their sonnes beeing five yeares olde or more in the tribe or line
of their patron: But when those foure tribes of the enfranchised Citisens
seemed yet too puissant and strong, it was decreed, That there should by lot
one tribe bee drawne out, wherein all the enfranchised Citisens should giue
their voyces. And this was the state of the enfranchised Citisens, vntill the
civill warre betwixt Marius and Sylla, at which time the people at the motion of Pub. Sulpitius made a law, That the enfranchised Citisens should from
that time forward be againe divided amongst all the tribes, which was the first
and principall cause of the ruine of that Commonweale. Wherefore as of slaues
some are borne, some are made; so also of Citisens some are made, some are
Demosthenes in his Oration against Neaera,
albeit that many (as Themistocles himselfe) were
thereinto secretly entered. But in the time of Pericles
five thousand of them were sold slaues, who had bornPericles himselfe hauing lost his children that were
Wherfore of many citisens, be they naturals, or naturallised, or els slaues
enfranchised (which are the three meanes that the law giueth to become a
citisen by) is made a Commonweale, when they are gouerned by the puissant
soueraigntie of one or many rulers: albeit that they differ among themselves in
lawes, language, customes, religions, and diuersitie of nations. But if all the
citisens be gouerned by the selfesame lawes and customes, it is not onely one
Commonweale, but also one very citie, albeit that France.
And thus much briefly concerning the difference of subiects, citisens,
burgesses, and straungers; as also concerning a Commonweale, a Citie, and a
Towne. But for as much as there is neither Greeke nor Latine, nor any other
writer that I have seene, which have used these definitions, it is needfull by
lawes and by examples to make plaine that which I have before said, being
otherwise of it selfe obscure. For we oftentimes Aristotle hath
definedIulius Caesar
in his Commentaries well declareth, saying, That euerie citie of the Heluetians
had foure villages, or cantons. Where it appeareth that the word Citie, is a
word of right or iurisdiction, which signifieth not one place or region, as the
word Towne, or Citie; which the Latines call Vrbem of
Vrbo, that is to say of aratio, or plowing: for that as Varro saith,
the compasse and circuit of cities was marked out with the plough. It is also
certaine in question of right, That he which hath caried out of the citie, that
which was by the law forbidden to be carried out, and hath carried the same
into another citie or towne of the same prouince; is neither to be said to haue
caried the thing out of the citie, neither to have offended against the law.
Yea the doctors go farther, saying, That hee hath Ciuitas for a towne, a citie, or the right of citisens,
for that the generall which is the citie, comprehendeth in it the particular,
which is the town: yet so it is, that they abused not the word Cicero hath well kept the proprietie both of the one and
of the other: for the wordastuti, which with the
Greeks Vrbani, for that the inhabitants of townes Ciuilis, which we call civill, was not of the auntient
Latines receiued for Vrbanas, that is to say courteous,
or after the manner of the citie. And least any man should thinke them to be
rashly confounded, and to be but a question of words, and not of matter: it may
be that a towne may be well built and walled, and that more is well stored also
with people, and furnished with plentie of all things nececessarie to live
withal, & yet for all that be no citie, if it have not laws and magistrats
for to establish therin a right government (as we have said in the first
chapter) but is more truely to be called an Anarchie than a citie. And so
contrariwise it may be, that a towne may be in all points accomplished and haue
the right of a citie, and of an vniuersitie,Traian the
emperour writing to Plinie the yonger, Proconsul of
Asia, denieth the citie of the Bithynians to have the right of a Commonweale,
in being preferred before other priuat Themistocles
interpreted, That the citie (which consisteth in the lawfull bodie of citisens)
could not be saued but by ships. In like manner it happened also unto the
inhabitants of Megalopolis, who understanding of the comming of Cleomenes king of Lacedemonia, all voyded their towne,
which for all that was no lesse a towne than before; yet was it then neither
citie nor Commonweale: in sort that a man might say, That the citie was gone
out of the towne. So spake Pompey the Great, after he
had drawne out of Rome two hundred Senators, and the better part of the
citisens, and so leauing the towne unto Caesar, said
thus, Non est in parietibus respublica, The Commonweale
is not in the wals. But forasmuch as it had in it two sorts of partakers, and
that the citisens divided into two parts Scipio Africanus the
yonger, To go in all hast with a fleet to Carthage, and with fire and sword to
destroy the towne, sauing the citisens and all other things else that they
could carrie out of the towne. Scipio ariuing in Africke
with his Censorinus his lieutenant to Carthage, who after he had receiued the
promised hostages together with the Carthaginensian ships, commaunded all the
people of Carthage to depart out of the towne, yet with free leaue to carrie
out with them what they would, and to build them a citie further off from the
sea, or elswhere to their best liking. With this strait commaund of the
lieutenant the Carthaginensians astonished, appealed unto the faith of the
Senat, & of the people of Rome, saying, That they had promised them that
their citie should not be rased: to whome it was aunswered, That the faith
giuen unto them by the Senat should in all points be kept; but yet that the
citie was not tied unto the place, neither unto the wals of Carthage. So the
poore inhabitants were constrained to depart and abandon the towne unto the
fire, which was Modestinus writeth, That Carthage was no more a citie after it was
rased, and that the vse and profit left unto the citie, was in this case
extinct aboue an hundred yeares before: but hee was in the same errour wherein
the ambassadours of the Carthaginensians were, unto whome all their rights,
prerogatives, and priueledges were reserued. The like errour was committed in
the agreement made betwixt the Cantons of Berne and Friburg, in the yeare 1505,
wherein it was agreed, That the amitie and alliance betwixt those two
Iulian, gouernour
of the West empire, who made his ordinarie residence in Paris; the rest of the
citie that now is being then in gardens and arable land.
But the fault is much more, to say, That he is not a citisen, which is not
partaker of the offices of government, of giuing of voices in the consultations
of the people, whetherAristotle hath left unto vs by writing, which he
afterward correcting himself,Aristotle hath giuen unto vs, is defectiue
and lame, not being aptly to be Aristotle, we must
needs confesse, that the greater part of the naturall burgesses of Athens, were
in their owne Commonweales strangers, vntill the time of Pericles. And as for that which he saith, The noble to be alwaies more
citisens than the base and vnnoble, is vntrue, not onely in the popular estate
of the Athenians, but also in the popular Commonweals of the Swissers, and
namely in Strasbourg, where the nobles (in the qualitie of nobles) have no part
in the offices of state and government.
Wherefore it is better and more truly said of Plutarch,
That they are to bee calledAristotles definition of a citisen should take place, how
many seditions, how many civill warres, what slaughters of citisens would arise
Agrippae reconciled the people unto the Senators. For Romulus the founder of the citie of Rome, excluded the
people from the great offices of commaund, from the offices of priesthood, and
from the augureships; commaunding the same to be bestowed upon such onely as
were descended from them whome he himselfe had chosen into the Senat, Cateline descended of the auntient familie of the Sergians in Rome, and so a naturall Roman, by way of
disgrace obiected to M.
Tullius Cicero, That he was but a new upstart of
Arpinas. And that was the cause that many municipiall townes chose rather to
vse the Roman lawes than their owne, to become true citisens of Rome, vntil the
time of Tiberius the emperor, who vtterly took away the
verie shadow of the popular libertie which Augustus the
emperour had yet left; hauing remoued the popular assemblies from the people
unto the Senat: at which time the municipiall townes of Italie refused the
priueledges of the citie of Rome, whereat the emperour Adrian maruelled (as saith Aul. Gellius) but
without cause, for that they seeing the popular honours and offices to be all
in one mans bestowing, they thought it now better to vse their owne lawes than
others.
Thus we see two sorts of citisens differing in priueledges, that is to wit, the
Roman Claudia, confirmed by a decree of the
Boetius writeth, The Romans sent into the Latin
Colonies, to have lost the liberties of the citie: as also that which Titus Liuius saith, The Roman Colonies sent to Puteoli
and Salerne by the decree of the Senat, to have bene no more citisens: which is
not further to be vnderstood or extended, but to their right for giuing of
voices, by that meanes now taken from them. So were they of Reims, of Langres,
of Saintonges, of Bourges, of Meaux, and of Autun, free people of Fraunce,
allies of the Romans, and citisens also, but without voice (as saith Tacitus) before that it was permitted Lucan.) Now it is not to be
doubted, but that that the Roman Colonies were true and natural citisens of
Rome, drawne out of the Roman blood, vsing the same lawes, magistrats, and
customes; the true markes of a true citisen. But the further that these
Colonies were distant from the citie of Rome, the lesse they felt of the glorie
and brightnesse of Iulia graunted unto Titus Liuius saith, I am inde morem
Romanis Colendi socios, ex quibus alios in
ciuitatem, at que aequum ius accepissent: alios in ea fortuna
haberent, vt socij esse quam ciues mallent. viz. Now since that time
the manner of the Romans was to honour their fellowes, of whome some they tooke
into the citie, and into like freedome with themselves: othersome they had in
that estate, as that they had rather to have them their fellowes, than citisens
with them. And hereof proceeded that speech of Tiberius
the emperour, in the Oration which he had in the Senat, which is yet seene
engrauen Quidergo? Num Italicus Senator prouinciali potior est? What then? Is
an Italian Senator better than the prouinciall Senator? As if he would haue
said them both to have bene Senators alike. And yet the same emperour excluded
the Frenchmen which had obtained the freedome of the citie of Rome, from suing
for the honours or offices thereof. Whereby is better to be vnderstood that
which Plinie writeth, Spaine to have in it 470 townes;
that is to wit, 12 Colonies: 3 of citisens of Rome, 47 of them which had the
freedome of the Latines: 4 of Allies, 6 of them that were enfranchised, and 260
tributaries. And albeit that the Latines were so straitly allied unto the
Romans, as that they seemed to be verie citisens; yet neuerthelesse that they
were not so, it is to be well gathered by that saying of Cicero: Nihil acerbius Latinos
ferre solitos esse, quam id, quod perrarò accidit, a
Consulibus iuberi ex vrbe exire. viz. The Latines used to take nothing
more heauily, than that which but verie seldome times happened, To be
commaunded by the Consuls to void the citie: for as for other straungers we
read, them to have oftentimes bene driuen out of the citie. In briefe, such was
the varietie of priueledges and prerogatives amongst them which were contained
within the Roman empire, besides their confederat and free people, as that
almost no one thing was so proper unto the Roman citisens in generall, as that
the magistrats and gouernours might not proceed in iudgement against them in
matters concerningIunia graunted to all the citisens of Rome, after that the people had
Valerian Consull laws, at diuers times made by the Consuls Publius, Marcus, and Lucius, of
the honourable familie of the Valerians: and last of all
by the Tribunitiall law Sempronia, and Portia, where to meet with the proceedings of the magistrats and
gouernours, who encroached upon the iurisdiction of the people, and proceeded
oftentimes against the people, without yeelding thereunto, there was the
penaltie of treason annexed unto the law; for that those lawes were oftentimes
broken by the magistrats. And at such time as Cicero was
about to have commaunded Cateline to be strangled in prison:
Caesar
Portia and other lawes were prouided, whereby for men
condemned banishment was appointed. Which law Cicero
hauing transgressed, was therefore not onely driuen into exile, but also
proscribed, his goods confiscated, his house (esteemed to be worth fiftie
thousand crownes) burnt, and a temple built in the plot thereof, which the
people at the motion of Clodius their Tribune,
commaunded to be consecrated to Libertie: wherewith the magistrats terrified,
durst not but from that time forward with lesse seueritie proceed against the
Roman citisens, yea euen after Plinie the younger, Proconsull of Asia, writing to Traian the emperour, concerning the assemblies made by the Christians
in the night, to the disquiet of his iurisdiction: I have (saith he) many in
prison, amongst whome there are certaine citisens of Rome, whom I have put
apart for to send them unto Rome. And S. Paul at such
time as he was drawne into question, as a seditious person, and a troubler of
the common quiet; so soone as he perceiued that Felix
the gouernor would proceed to the triall of his cause, he required to bee sent
unto the emperour; saying, That he was a citisen of Rome, for that his father
being of the tribe of Beniamin, and borne at Tharsis in
Caramania, had obtained the right of a Roman citisen: Which so soone as the
gouernour vnderstood, hee surceased to proceed Caesar. Whereas otherwise if hee had not bene a citisen of Rome, the
gouernour would have proceeded in the matter, seeing the countrey of Palestine
was before brought into the forme of a prouince. As in like case Pontius Pilat, gouernour of the same countrey, was
constrained to condemne Christ Iesus as a tributarie subiect of his prouince,
whome for all that hee seemed to have bene willing to have delivered out of the
hands of his enemies, and from all punishment, if he could well in so doing
have auoided high treason, which the people threatned him with: Which the
gouernour fearing, least he should seeme to have any thing therein offended,
sent the whole processe of the matter unto Tiberius the
emperour Tertullian.) For if the municipiall magistrats of the Iewes had had
soueraigne power and iurisdiction, they would not have sent him back againe
unto the gouernour, crying That he had deserued the death, but that they had
not the power to proceed thereunto against him. For the municipiall magistrats
of prouinces had not any iurisdiction, more than to commit the offendors into
safe keeping, for feare of the present daunger, and to receiue cautions, or to
giue possession, and sometimes to appoint tutors unto poore orphans: but in
criminall causes, had no power or authoritie, neither over the citisen of Rome,
neither over the straunger or prouinciall subiect, or over others that were
enfranchised; but onely over their flaues, whome they might at the vttermost
but with stripes correct. For as for the iurisdiction giuen to them that
Valentinian three hundred and fiftie
yeares after. Whereby it is to be gathered, all power and authoritie for the
execution of iustice to have bene giuen to the Roman gouernours, and their
lieutenants in their prouinces, and taken from the rest. For they but deceiue
vs, which thinke the Iewes priests, for the qualitie of their priesthood to
have made conscience to condemne to death our Sauiour Christ Iesus, as if by
their religion they had bene hindred so to do; and hereupon have concluded,
That churchmen ought not to giue iudgement that carried with it the execution
of blood: which proceeded of the ignorance
Wherefore this was the greatest and chiefest priueledge proper to the citisens
ofAugustus was so iealous of these
priueledges, that hee would neuer giue the right of a Roman citisen unto French
men, for any request that his wife Liuia could make vnto
him; yet for all that, not refusing to ease them from paying of tributes:
neither liked he well of it, that his vncle Caesar had
together & at once giuen the freedome of the citie, unto that legion which
he had raised of Frenchmen, and in generall to all the inhabitants of Nouocome:
and blamed also M. Antonius, for that he had for money
sold the freedome of the citie unto the Sicilians. Neuerthelesse the succeeding
princes kept not with so great deuotion the rights and priueledges of the Roman
citisens. Antonius Pius by a generall edict gaue the
freedome of the citie of Rome unto Alexander the Great, who called the whole world but one
citie, and his campe the chiefe fortresse thereof. But Antoninus contented himselfe with the Roman world. And albeit that the
citie, or rather the grant of the immunities of the citie seemed so to be
communicated unto all, yet were the priueledges of citisens diuers, some
alwaies enioying more than others; as is to bee seene not onely in the
Commentaries and answeres of the great lawyers, which flourished after Antoninus
Pius, but also in the edicts of other princes. For Seuerus more than fiftie yeres after Antoninus was the first that gaue the priueledge to them of
Alexandria, that they Lewes
the eleuenth,Artaxerxes king of
Persia, gaue the freedome of the citie unto Pelopidas
(and all his posteritie) entreating of alliance with him. So the Athenians made
free of their citie Euagor as king of Cyprus, Dionysius the tyrant of Sicilie, and Antigonus and Demetrius kings of Asia. Yea that
more is, the Athenians gaue unto all them of the Rhodes the freedome of their
citie: and the Rhodians with like courtesie upon the agreement of the league,
made all the Liuie: which league was called, The
treatise of Comburgeosie. What manner of league that was
made betwixt the Valesians, and the five little Cantons in the yeare 1528; and
betwixt the Cantons of Berne and them of Friburg, in the yeare 1505; and againe
betwixt them of Geneua & them of Berne in the yeare 1558: the force of
which leagues was such, as that there should be a mutuall communication betwixt
them both of their citie and amitie: and in case that any of the confederats
forsaking his owne citie, had rather to goe unto the citie of his fellowes and
confederats, he should presently become a citisen and subiect of the other
citie, without any new choyce or speciall letters of his naturalisation or
enfranchising. But the freedome of any citie giuen for honour sake unto any,
bindeth no Hercules, or Alexander the Great, when they were made honourable citisens of the
Corinthians, subiect or bound unto their commaunds; in such sort as that the
right of a free citisen was unto them but as a title of honour. Wherefore
seeing it impossible for one and the same person to bee a citisen, a stranger,
and an allie; it may well be said that the priueleges make not a citisen, but
the mutuall obligation of the soueraigne to the subiect, to whome for the faith
and obeisance he receiueth, he oweth iustice, counsell, aid, and protection,
which is not due unto strangers.
But some may say, How can it then bee, that the allies of the Romans, and other
people gouerning their estate, were citisens of Rome (as those of Marseilles
and of Austun?) Or what is that which M. Tullius crieth
out: O the notable lawes, and of our auncestors by diuine inspiration made and
set downe, euen from the beginning of the Roman name, That none of vs can be
the citisen of more than one citie: (for dissimilitude of cities must also
needs have diuersities of lawes) nor that any citisen can against his will be
thrust out, or against his will be detained in the citie. For these are the
surest foundations of our libertie, every man to bee master both of keeping and
of leauing of his right and libertie in the citie. And yet he the same man,
before had said it to be a thing granted unto all other people, that euerie man
might be a citisen of many
But first to that which he writeth concerning the Athenians; that law of Solons was long before abolished, which admitted not a
straunger to the freedome of a citisen Plutarch
Solon, to the end (as it is like) That
no man should enioy the immunitie and priueleges of a citisen of Athens, and
that popular prerogative which the people had, except he were bound unto the
commaund and lawes of the Athenians. But he which is against his will detained
under the commaund of a straunge citie, hath without doubt lost the right of
his owne citie: which can in no wise be applied unto those kings whome wee haue
before spoken of, or yet to the Rhodians which had ordained the freedome of the
Athenians. Wherefore this is it, as I suppose, that M.
Tullius meant (for why, hee well agreeth not with himselfe) That he
which was indeed a true citisen of Rome, that is to say, which was bound vnto
the Senat and the lawes of the people of Rome, could not Pomponius Atticus borne in the citie of Rome, being a
Roman citisen, and of the honourable order of the knights, who for his loue
towards the Athenians, was thereof called Atticus (and
unto whome three of the Roman emperours referred the beginning of their
discent) refused the freedome of the citie of Athens offered him by the
Athenians; least (as saith Cornelius Nepos) he should
have lost the freedome of the citie of Rome: which is true in regard of the
true subiects and citisens; but not in the citisens of honour, which are not
indeed subiects: neither in respect of them which are citisens of diuers
cities, under the power of one and the same prince, a thing lawfull unto all
euen by the Roman law. For although one may be the slaue or vassall of many
maisters or lords, yet can no man be the subiect of Stanislaus Rasdrazetoski sent to the cCharles the fist reckoned the duke of Bouillon, whome he called his
vassall: and for that he was his prisoner in the yeare 1556, at the treatie
made for the deliverance of prisoners, hee demaunded an hundred thousand pound
for ransome; for that he called himselfe a soueraigne prince.Henrie the second the French king, as was by him prouided. But where
the soueraigne lords are good friends, as the Swissers of the countrey of
Lugan, and the other territories which belong in common to all the lords of the
league, whither they send their officers euerie Canton by turne: there the
subiects are not reputed to bee the subiects of Edward the first gaue the freedome of citisens unto all
the inhabitants of base Britaine; that is to be vnderstood for them to enioy
the liberties, exemptions and freedoms, that they of the countrey enioyed. So
say we also of the Bernois, and the inhabitants of Geneua, who call themselves
by their treaties of alliance, Equall, and by their letters Combourgeses. For
as for that which Cicero saith, That the citisens of
Rome mightCicero: Ne quis faederatorum a populo Romano ciuis
reciperetur, nisi is populus fundus factus esset; id est auctor. viz.
That Cornelius
Balbus was a citisen of a confederat citie, & therfore could not
contrarie to the league, by Pompeius be made a citisen
of Rome without the consent of the confederats. The same Cicero writeth also in the leagues of the French with the Romans to
have bene excepted, That none of them should of the Romans be receiued for a
citisen. The same laws we yet at this present vse. For althogh that the
Swissers are with vs ioined in a most strait bond of amity & frendship: yet
neuerthelesse is the same clause conceiued in that league, which was with them
made in the yeare 1520. And againe at such time as the five lesser Cantons of
the Swissers made a league of alliance and amitie amongst themselves, it was
excepted Augustus to all Senators to goe out of
Italie without his leaue, which was alwaies right straitly looked vnto. And by
the ordinances of Spaine Hanno their great captaine had first discouered the
islands of the Hesperides. And by thePhilip the faire,
Iohn, Charles the fift, and Charles the seuenth. Howbeit that the decree of Philip the long would, That the Prouost or bailiefe of the place,
assisted with three burgesses, should receiue into the freedome of their citie,
whosoeuer of the kings subiects as would, prouided, That within a yeare and a
day he should in the same citie into which hee remoued,
And albeit that it be lawfull for euerie subiect to chaunge the place of his
dwelling, Theseus by proposing the libertie of the citie to all strangers, made
the citie of Athens most famous of all the cities of Greece. So Alexander the Great by granting of great priueleges,
least the city by him built at the mouth of the riuer Nilus (which he after his
owne name called Alexandria) the greatest, and best traded Lewes the eleuenth gaue the priueleges of the citie of Burdeaux to all
straungers whether they were friends or enemies (except the English) so that
they dwelt within the towne. So Frauncis the Great,
founder of the citie by him built at the mouth of the riuer Sequana, which they
call The Port of Grace, proponing immunitie from all tributes, to all them that
should dwell therein, in short time made it a most populos citie. Neither
should the citie of London abound with so great wealth, nor such a multitude of
citisens, had not Richard king of England proposed vnto
straungers all the immunities graunted unto the citisens: so that they had
dwelt ten yeares in the citie: which space of time for the obtaining of the
libertie of the citie, most part of the Swissers and Germans, indifferently
propounded to al strangers:Brutus & Scaeuöla betwixt themselves. For when the Consull yeelded to the
Samnites, returning to Rome was come into the Senat, the Tribune of the people
compelled him to go out of the Senat: howbeit in fine the Senat by decree
declared, That hee had not lost the right of a citisen of Lewes the xij. the French king thrust out from the
right of free citisens all straungers, who had obtained of him letters of their
naturalising, and were retired out of his realme home. For by our customes he
that will get the freedome of a citisen, must obtaine the princes letters to
that purpose, and hauing obtained them, pay his fine unto maisters of the
receipt.
These reasons show not onely the difference that is betwixt a citisen and him
that is none, but also of citisens amongst themselves; and that if we follow
the varietie of priueleges to iudge of the definition of a citisen, there shall
bee five hundred thousand of definitions of citisens, for the infinit
diuersitie of the prerogatives that citisens Cosmus the new duke
to be reputed and esteemed as straungers, by reason of the libertie of
straungers, and thraldome of the citisens, which they obtained not: and yet hee
allured fiftie straungers to sue for the freedome of the citie, putting them in
hope of the great offices and commaunds: whereby it was brought to passe, that
from those fiftie citisens so made, he extorted fiftie thousand crownes,
confirmed the authoritie of the new citisens gotten by deceit, and thereby
brake the power of the conspirators against him. So in auntient time the
Venetians empouerished and brought low by Sixtus Bishop of Rome, That beuefices should not be
bestowed upon straungers. And so in Boulongne la Grace, where the Pope is
soueraigne lord, the offices and benefices are not giuen but to the naturall
inhabitants and subiects. The like whereof is done also in all the seignorie of
Venice. But the Swissers have farre otherwise proceeded than by way of
agreement, who by a law made in the yeare 1520, decreed the Popes Buls and
Mandats, whereby he had not doubted to giue benefices unto straungers, to bee
publickly torne, and they that used them to be cast in prison. And by the lawes
of the Polonians Casimire the Great, unto the raigne of Sigismundus Augustus, straungers were kept farre from all
benefices; which thing also the Germans by couenants, of late wrested from the
Popes: in which couenants they of Mets were also comprised, and so iustly by
their letters complained unto Charles the ix the French
king, those couenants to bee broken by the craft of the Bishops of Rome.
Another priueledge there is also graunted more unto citisens than to
straungers, in that they are exempted from many charges and payments, which the
straunger is constrained to beare: as in auntient time in Athens the straungers
payed a certaine speciall Diodorus saith, The Aegyptians and Romans to have suffered the heires
of straungers to succeed them: he spoke therein like a straunger himselfe
without regard; for it is most certaine, that it was no way permitted for a
straunger to dispose of his goods, neither to receiue any thing by the
testament of a citisen of Rome, the common treasure carrying away the
succession: whereof our laws are ful. Which we may also iudge by the oration of
Cicero, who to show that Archias was a citisen of Rome, saith amongst other things, That he had
by his testament disposed of his goods. And himself in his own cause to giue
men to vnderstand that the decree of banishment made against him at the sute of
Clodius the Tribune, was of none effect: What Roman
Demosthenes, to proue that Euxithenés was a
citisen of Athens: have not his next of kinne (saith he) recouered the
inheritance of their father that suruiued? And like as in Fraunce, and in
England, particular lords take unto them the inheritance of straungers which
die within their iurisdiction: so the Romans also after the manner of their
auncestors, tooke unto them the heredetarie goods of straungers, whome they had
receiued into their protection, being left at Rome, which they called, The
right of application. And that is it for which they said in Rome, That the
right to make a will and testament was onely granted to a citisen of Rome.
Whereby it is plaine that Frederick the second had derogated from the same by
his edict, which was but euill kept: For he gaue leaue to all straungers dying
within the compasse of his empire, by their testament to dispose of their
goods; or if they dyed intestat, to leaue their next of kin their heires. But
the force of that law is euen in Germanie it selfe nothing, and much lesse in
Italie, where straungers are much worse dealt withall than in Fraunce. For by
our customes it is permitted unto the straunger to get in this * realme all the
goodsFrance.
Charles the fift, all
straungers are embarred from the succession of the subiects of Milan. By the
custome of Venice also it is lawfull to bind a citisen to a stranger, yet by
that bond are not the heirs bound, more Modo haeredes sint Regnicolae, the
judges have so interpreted it of straungers dwelling in Fraunce, who are
preferred before them that are neerer of kinne dwelling out of the realme, in
the succession of the naturalised straunger: for otherwise it is requisit to
make the straungers children to succeed, for that they were borne in France,
and of a free citisen, or naturall subiect. But the children of strangers borne
in Fraunce, enioy their fathers inheritance, not by will (which is not lawfull
for strangers to make) but as from him dying intestat, if their mother be a
free woman Lewes the younger, and more
Charles the eight: which a few yeares agoe were sent to
king Charles the ninth (by Danezay the French ambassadour, unto the king of Denmarke) to be by
him renewed. And yet this priueledge granted unto those marchants, extendeth
not unto other strange marchants, which have obtained the right of citisens, as
hath bene adiudged by the priuie counsell. Of which so many and so great
priueleges, by our kings graunted unto straungers, our marchants could obtaine
none in all Graecia, Asia, or Africa. For in our time when as Crozile a rich marchant of Tours, diing, had left behind him almost
two hundred thousand crownes, nothing thereof came Abraham
There is yet another difference (besides those we have alreadie spoke of)
betwixt citisens and strangers; for that citisens by the auntient law Paetilia and Iulia, may
forsakeFrederick the second, sent backe unto the
states of the empire, those which demaunded the right of reprisall against the
subiects of the Lycurgus seemeth to
have forbidden the LacedemoniansCicero well foresaw not what harmes hang (as it were) over our heads
from straungers, when as he writ, They do euil which forbid straungers their
cities, and cast them out, as with our auncestors Penuu, and of Papius: For by such straungers, who for the most part
are banished men, the good manners of the naturall subiects are corrupted. But
if warre be proclaimed against the prince, the straunger may be detained as an
enemie, according to the law of armes: whereas otherwise he might not be
staied, if he had not otherwise bound himselfe by contract, or by some offence
by him committed.
Now if the straunger shall against the will, or without the consent of his owne
prince▪ submit himselfe unto the power of another prince, and be of him also
receiuedTheodosius the Great pronounced Danus the tyrant to be a rebell unto his maiestie, and
cast in prison his ambassadours, being subiect to his power. So the emperour
Charles the fift did the like against the
ambassadours of the duke of Millan his subiect, whom he detained prisoner, at
such time as he vnderstood the duke his maister to have entred into league with
the other princes, and to have proclaimed warre against him. And howbeit that
the news thereof being come into Fraunce, Granuellan,
Charles his ambassador, was by the kings commaundement there likewise
imprisoned, yet was hee forthwith againe delivered, so soone as it was
vnderstood that the ambassadors and heralds of Fraunce, England, and Charles in so
doing Rincon and Fregosis the French ambassadors toward the Turke, was,
That the one of them was a Spaniard, a naturall subiect of the emperours, and
the other a Genoway under his protection, both sent in the seruice of his
enemie; the bruit being giuen out, that they went to raise new warres against
him: how beit that the emperour would not auouch the murther, but promised to
do iustice upon them that had done the same, if they should fall into his
power. But doe the subiect what he can, yet can he not exempt himselfe from the
power of his naturall soueraigne,Philip Barbarius a slaue, who being for his vertue become
Pretor of Rome, being pursued and chalenged by his maister, was yet glad to
agree with him for his libertie. For in that the lawyers all agree, That the
subiect in what place soeuer he bee become soueraigne, may by his prince be
called home. As not long since Elizabeth queene of
England called home againe unto her the earle of Lineux, together with his son,
who but a little before had maried the queene of Scots; for not obeying of
which her command, she confiscated their goods, for that contrarie to the
custome of that realme, they had without leaue departed out of England, and
maried contrarie to the queenes commaundement. For the subiect wheresoeuer he
be, is bound to the lawes of his prince
Now to make the matter short, it may be that of right among citisens, some be
exempted from all charges, taxes, and imposts, whereunto others are subiect:
whereof wee have infinit examples in our lawes. As also the societie is good
and auailable,Diodorus. Also the aunHippodamus, divided the citisens into souldiors,
handie crafts men, and labourers; & hath without cause bene blamed by Aristotle; as we read in the Fragments of his ordinances.
And albe▪Plato enforced himselfe to make all the citisens of his Commonwealth
equall in all rights and prerogariues; yet so it is, that he divided them into
three states; that is to wit, into Gouernours, Souldiors, and Laborers: which
is to show that there was neuer