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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="4" type="textpart" subtype="book"><div n="3" type="textpart" subtype="chapter"><head><hi rend="italic">CHAP. III.</hi> That it is a most daungerous thing at one and
                     the selfe same time▪ to chaunge the forme, lawes, and customes of a
                     Commonweale.</head><p><seg rend="decorInit">H</seg>Ow Cities and Commonweales arise; by what meanes
                     they are also encreased; what diuers alterations and chaunges befall every one
                     of them; and by what coniectures the fall and ruine of them is to be <milestone n="D" unit="unspec"/> by vs gathered, I suppose we have sufficiently before
                     declared. But for asmuch as the presumptions by vs alreadie noted, are not
                     sufficient to make any certaine demonstration of, but rest upon such grounds as
                     are farthest off from the senses and capacitie of the common sort of men:
                     Neither that if they were delivered by way of demonstration, or other more
                     certaine rules, should they therefore inferre any necessitie at all? It
                     remaineth that wee according to that wisedome and discretion wherewith
                     almightie God hath of his goodnes endued men, endeuour our selues to rule
                     Estates and Commonweales, and by all meanes to foresee and decline the chaunges
                     and ruines of them. For why, it is one generall opinion and doctrine of all
                     Philosophers, yea euen of them which idly dispute <milestone n="E" unit="unspec"/> what is done in heauen: a wise man not to be bound or
                     subiect unto the power or influence<note place="marg" anchored="true">Wise men not to be
                        subiect unto the power or influence of the starres, as sensual men
                        be.</note> of the starres: but onely they which giue the raines unto their
                     disordered appetites, and beastly desires, not suffering themselves to be
                     gouerned by the rule of reason, or of other the best lawes: unto whome <hi rend="italic">Salomon</hi> the maister of wisedome hath sharply threatned
                     the torment of the wheele, saying, That God should cause the wheele to passe
                     over them: that is to say, the force and effect of the celestiall Spheres,
                     which over the good should have no power at all. Seeing therefore that the
                     power &amp; influence of the starres may by the power of God, that is, by
                     wisdome (by the gift and goodnesse of almightie God giuen unto men) be auoided:
                     and that wise physitians have found the <pb n="468" facs="236"/> meanes to
                     chaunge the diseases, and to alter feuers contrarie unto their naturall
                        courses,<milestone n="F" unit="unspec"/> to the intent the more easily to
                     cure them, or at leastwise to asswage them; why should<note place="marg" anchored="true">The
                        mine of a Commonweale to be by the wisdome of the gouernour preuented, or
                           <gap reason="illegible" extent="1+_letters" instant="false"/>ls warning thereof to be by him in d<gap reason="illegible" extent="1+_letters" instant="false"/>e time giuen unto his subiects.</note> not the wise
                     polititian, or gouernour of a Commonweale, foreseeing the conuersions and
                     chaunges which naturally happen unto Commonweales, by good lawes and other
                     convenient remedies preuent the ruine therof: or if the force of the mischiefe
                     be so great, and the destruction so certaine, as that it can by no wisdome of
                     man bee preuented or staied, yet shall he performe that which cunning
                     physitians doe, who by the Symptomes appearing upon the criticall dayes, and by
                     the causes of the disease, doe more certainlie and better guesse of the sicke
                     mans death in what manner it shall bee: and so yet in good rime giueth thereof
                     warning unto his ignorant subiects, lest that they should upon the suddein be
                     vtterly oppressed with the ruine of the falling Estate <milestone n="G" unit="unspec"/> and Commonweale. And as the most skilfull Phisitions euen in
                     the state of the disease,<note place="marg" anchored="true">Wisdome neuer discouraged with the
                        daungers of the Commonweale: so long as they see the state wisely and
                           dis<gap reason="illegible" extent="1+_letters" instant="false"/> gouerned.</note> and the greatest griefe
                     therof, do yet put their patients in greater comfort, if the Symptomes, be good
                     then if the griefe or fit without them were but easie and gentle; and as to the
                     contrarie when they see a man in the highest degree of health that may be, they
                     are then in the greatest feare, lest he should suddenly fall unto some extreame
                     sicknesse, as the great phisition <hi rend="italic">Hippocrates</hi> saith: So
                     also a wise gouernour of a Commonweale, seeing the state on all sides beset,
                     and almost ouerwhelmed with enemyes, yet if in so great daunger he otherwise
                     see wise men sitting at the helme of the Commonweale, the subiects obedient
                     unto the Magistrats, and the Magistrats unto the Lawes; he taketh courage
                     thereat, and promiseth both unto himselfe and others <milestone n="H" unit="unspec"/> good successe; the ignorant people &amp; cowards hauing in
                     the meane time lost their patience, and lying as men plunged euen into the
                     bothom of dispaire. In which state the Romaine commonweal stood after the third
                     slaughter of their armie at Cannas, when as now many of the friendly and
                     confederate cites, which before had continued in their fidelitie and
                     allegeance, reuolted from the Romaines, following the fortune and<note place="marg" anchored="true">What opinion wise men had of the distressed estate of the
                        Romaine Commonwealea, f<gap reason="illegible" extent="1+_letters" instant="false"/>et the great ouerthrowe at
                        Cannas.</note> victories of <hi rend="italic">Hanniball:</hi> For why almost
                     all men now despaired of the estate of the Romaine Empire: at which time of
                     distresse, of all others no man more hurt the Commonweale than did <hi rend="italic">Terentius Varro</hi> the Consul, who with some few hauing
                     escaped from so great a slaughter (as wherein threescore thousand of the
                     citisens of Rome were slaine) writ letters unto the Senat and people of Capua,
                     That the Roman <milestone n="I" unit="unspec"/> Commonweale was vndoone, as
                     hauing in that battell lost all the force and flower thereof. Which thing so
                     terrified them of Capua, (although in wealth and power they fa<gap reason="illegible" extent="1+_letters" instant="false"/>re exceeded all the rest of the Roman confederates)
                     that they not onely themselves forsooke the Romans, but drew with them many of
                     their allies and confederates also unto <hi rend="italic">Hanniball:</hi> when
                     as in deed the Consul should have extenuated the ouerthrow and losse receiued.
                     Whereas <hi rend="italic">Scipio,</hi> who was afterwards called <hi rend="italic">Africanus,</hi> to the contrarie with comfortable speeches
                     then cheered up diuers of the citisens dispairing of the state of the
                     Commonweale, and by oath constrained such as were about to have abandoned the
                     citie, to stay there still, and not to stirre, but resolutely to aduenture
                     their lives for the defence of their countrie and Commonweale. Neither was
                        <milestone n="K" unit="unspec"/> the Senate terrified with the feare of so
                     many daungers, as wherewith they were on every side beset and inclosed, but
                     rather seemed with greater wisdome to mannage the Estate than euer it did
                     before. And albeit that the common people (according to their wonted lightnesse
                     and foolish ignorance) almost in every towne and city sung the praises of <hi rend="italic">Hanniball,</hi> after his so many and so great victories ouer
                     the Romans: Yet for all that, the Senat of every citie favoured the Romans: For
                     so saith <hi rend="italic">Liuie, Vnus veluti morbus omnes Italiae populos
                        inuaserat, vt plebs ab optimatibus dissentiret: Senatus Romanis faueret,
                        plebs ad Poenos rem traheret,</hi> One disease as it were (saith he) had
                     infected <pb n="469" facs="236"/> all the people of Italie, <hi rend="italic">viz.</hi> That the people still dissented from the nobilitie; the Senat
                        <milestone n="A" unit="unspec"/> still favoured the Romanes; and the people
                     still enclined unto the Carthaginensians. Yea <hi rend="italic">Hiero</hi> king
                     of Siracusa, accounted the wisest prince of his age, did then much more
                     carefully than before honour and reuerence the amitie and alliance of the
                     Romaines, not doubting in what he could to helpe and releeue them; yea and in
                     that their desperat estate amongst other things sent them a statue of Victorie
                     (of gold) for a present▪ as he which had oftentimes proued the incredible
                     wisdome of that Senat in the mannaging of their affaires. Wherein a man may
                     see, that the wiser sort seeing the Romans so aduised and so constant in their
                     extreme necessitie, and that their lawes were neuer more straightly kept, or
                     martiall discipline more seuerely obserued, (as <hi rend="italic">Polybius</hi>
                     an eyewitnesse of those things, himselfe writeth) were alwaies of opinion that
                     the issue of <milestone n="B" unit="unspec"/> their affaires would be good: not
                     vnlike the wise physition, who seeing favourable Symptomes in the strongest fit
                     of his patients disease, is yet still in good hope. Whereas Carthage to the
                     contrarie proud of so many and so great victories, mistres of so many countries
                     and nations, and placed in the height of all worldly felicitie, was neuer than
                     then neerer unto ruine and destruction: wherof were most certain tokens, for
                     that in that Commonweale was no place left either for law or vertue, all things
                     being done by the popular rage, or vnruly lust of the common people: so that it
                     must needs shortly after be cast downe headlong from the highest degree of
                     honour, and become subiect unto the Romans, as not long after it did, <hi rend="italic">Scipio</hi> beeing then their generall.<milestone n="C" unit="unspec"/>

                  </p><p>Wherefore the first rule for the keeping and preseruing of Commonweales in<note place="marg" anchored="true">The first rule for the keeping and preseruing of Commonweales
                        in their estates.</note> their estates, is well to know the nature of every
                     Commonweale, together with the diseases incident unto them: whereof we haue
                     more at large discoursed in the former Booke. For it is not enough to know
                     which kind of Commonweale is better than other, but it behoueth vs also to know
                     the meanes how to maintaine euerie one of them in their estate, if it be not in
                     our power to chaunge the same, or that in chaunging thereof we shall put all to
                     the hasard of vtter ruine and decay. For whie, it is better to have an euill
                     Commonweale than none at all: as with convenient diet in some<note place="marg" anchored="true">Violent remedies neuer to be used but in desperat<gap reason="illegible" extent="1+_letters" instant="false"/>
                        diseases.</note> sort to preserue the sicke man, than by applying of
                     medicines to an incurable disease so to take away his life quite. For as
                     physitians say, we must neuer apply violent remedies <milestone n="D" unit="unspec"/> but unto desperat diseases; and that whenas there is now no
                     other hope left. And this maxime taketh place in euerie sort of Commonweale,
                     not onely for the changing of the estate, but euen for the changing of lawes,
                     maners, and customes also: whereunto many hauing no regard have ruinated and
                     ouerthrowne right faire and great Commonweales, allured with the baite of some
                     one or other good law, which they have borrowed from some one Commonweale quite
                     contrarie unto their owne. For as we have before shewed, many good lawes there
                     be good for the maintenance of a Monarchie, and yet fit for to ruinat a Popular
                     estate: as other also there bee good for the preseruation of the Popular
                     liberty, &amp; yet most fitly seruing for the ouerthrow of a Monarchy: for that
                     those Estates by nature contrary, are by quite contrary laws <milestone n="E" unit="unspec"/> both maintained and ruinated.</p><p>And albeit ihat some lawes there be good and indifferent to all sorts of
                     Commonweales, yet so it is, that the antient question of right wise Polititians
                     is not yet well resolued, <hi rend="italic">viz. Whether a new law being
                        better, be to be preferred before an old antient law</hi>

                     <note place="marg" anchored="true">A notable question.</note>

                     <hi rend="italic">that is worse?</hi> For the law be it neuer so good, is
                     nothing worth if it cary with it a contempt of it selfe, or of the rest of the
                     lawes: Now so it is, that newnesse in matter of<note place="marg" anchored="true">Auntient
                        lawes though worse still of greater esteeme and reuerence than the new
                        though better.</note> lawes is alwayes contemptible, whereas to the
                     contrary, the reuerence of antiquity is so great, as that it giueth strength
                     enough unto a law to cause it to be of it selfe obeyed, <pb n="470" facs="237"/> without the authority of any Magistrat at all ioyned unto it: whereas new
                     edicts and <milestone n="F" unit="unspec"/> lawes with all the threats and
                     penalties annexed unto them, and all that the Magistrats can do, cannot but
                     with great difficulty find intertainment: in such sort, as that the fruit we
                     are to receiue of a new edict or law, is not oft times so great, as the harme
                     which the contempt of the rest of the lawes draweth after it for the nouelty of
                     some one. And to make the matter short, there is nothing more difficult to
                     handle, nor more doubtful in euent, nor more dangerous to mannage, than to
                     bring in new decrees or lawes. And this reason seemeth unto me very
                     considerable, but yet I will set downe another of no lesse weight, which is,
                     That all the change of laws concerning the estate is dangerous: For to chaunge
                     the customes and lawes concerning inheritance, contracts, or seruitude from
                     euill to good, is in some sort tollerable; but to chaunge the laws which
                     concerne <milestone n="G" unit="unspec"/>

                     <note place="marg" anchored="true">Auntient lawes concerning the estate of a Commonweale not to
                        be without great daunger altered.</note> the estare, is as daungerous, as to
                     remoue the foundation or corner stones which uphold the whole weight or burthen
                     of the buildings; in which doing▪ the whole fabrike is to be sore shaken, and
                     beside the daunger of falling, receiueth more hurt by the shaking thereof, than
                     it doth good by the new repairation, especially if it bee now become old and
                     ruinous. For euen so it is in a Commonweale now alreadie growne old, wherein if
                     a man neuer so little remoue the foundations that upholdeth the same, he is in
                     great danger of the ruine therof. For the antient maxime of the most wise
                     polititians ought wel to be waied, <hi rend="italic">That we must not change
                        any thing in the laws of a Commonweale which hath long maintained it selfe
                        in good estate, whatsoeuer apparent profit may bee thereby pretended.</hi>
                     And for these causes the old law of the Athcnians, which was afterward
                        <milestone n="H" unit="unspec"/> also receiued in Rome, and passed in force
                     of a law, published at the request of <hi rend="italic">Publius Philo,</hi> was
                     the most necessarie law that could be in a Commonweale, <hi rend="italic">viz.</hi> That it should not be lawfull for any person upon paine of death
                     to present any request unto the people, without the priuitie of the Senat.
                     Which law is yet better kept in Venice than in any place of the world els,
                     whereas it is not permitted so much as to present any request euen unto the
                     Senat, without the aduise of the councell of the Sages. And yet<note place="marg" anchored="true">The extreame daunger he was in, which moued any new law amongst
                        the Locrensians.</note> in the Commonweale of the Locrensians, this law was
                     much straiter, Where he which would present any request, to have it passe in
                     force of a law, was constrained to moue it before the people with a rope about
                     his neck, wherewith hee was there upon the place to be strangled, if he
                     preuailed not to proue the law by him moued to be good and profitable
                        <milestone n="I" unit="unspec"/> for the Commonweale. Which was the cause
                     that this estate for a most long time stood and flourished, without any thing
                     added or diminished to or from the most antient laws and customes thereof, no
                     man daring to propound any new law to passe, vntill that one of the citisens
                     which had but one <gap reason="illegible" extent="1+_letters" instant="false"/>ie, made a request unto the people,
                     That he which wittingly should put out his eye which had but one, should
                     therefore himselfe have both his owne put out: For the making of which motion
                     his aduersarie had giuen him cause, hauing oftentimes threatned him to thrust
                     out his eye, and so to depriue him quite of his sight, although he were
                     therefore to endure the penaltie of the law, which was to loose one of his
                     owne. With the equitie, or rather necessitie of whose so reasonable a request
                     the people moued (though with much a do) enacted <milestone n="K" unit="unspec"/> the law. Whereby yet nothing was derogated from the law called <hi rend="italic">Lex talioni<gap reason="illegible" extent="1+_letters" instant="false"/>

                     </hi> (or the law of like punishment) which was then common to almost all
                     nations: For why, it was reason that hee which had maliciously depriued another
                     man of his sight, should himselfe be depriued of his owne sight also.</p><p>Now if any man should say, That many lawes must oft times of necessitie bee
                        changed,<note place="marg" anchored="true">Lawes concerning ordinarie pollicie may oft<gap reason="illegible" extent="1+_letters" instant="false"/>ntimes be changed but not lawes concerning the
                        estate.</note> as the lawes concerning victuals, or the bringing in, or
                     carrying out of marchandise, or concerning the augmenting or diminishing of the
                     punishment to bee inflicted upon offendors, which are euen in a short time to
                     be chaunged; I therein agree with <pb n="471" facs="237"/> him, for that
                     necessitie hath no law: first, if new lawes giue good hope of fruit and profit
                        <milestone n="A" unit="unspec"/> of them to arise, as of good corne yet in
                     the blade, then are they not to be reiected: but here question is not of lawes
                     concerning ordinarie policie, but of such as concerne the very estate it selfe.
                     Which I both would and wish, if possibly it might be, that they should still be
                     most firme and immutable: not for that the Commonweale ought to serue the laws,
                     seeing that they are al made for the maintenance of the Commonweale, and of the
                     societie of men: neither that any man wisheth the safetie and preseruation of
                     the lawes, but for the Commonweales sake. For why, the first and chiefe law of
                        all<note place="marg" anchored="true">The chiefe lawe of all Commonweales.</note>
                     Commonweales, is this, SALVS POPVLI SupREMA LEX ESTO, The welfare of the
                     people, let that be the last law. For what reason moued <hi rend="italic">Themistocles</hi> to fortifie the citie of Athens with walles and
                     bulwarkes, euen the verie same reason induced <milestone n="B" unit="unspec"/>

                     <hi rend="italic">Theramenes</hi> to persuade the Athenians to rase their
                     walles, <hi rend="italic">viz.</hi> the welfare of the people: whereas
                     otherwise the Lacedemonians had vndone the citisens together with the citie.
                     Wherefore no law is so sacred, but that upon vrgent necessitie it is to be
                     changed. And therefore <hi rend="italic">Solon</hi> after he had published his
                     lawes, caused the Athenians to sweare to<note place="marg" anchored="true">No lawe so sacred
                        but that upon vrgent necessitie it is to be chaunged▪</note> obserue and
                     keepe them for the space of one hundred yeare: giuing them thereby to
                     vnderstand, that lawes could neuer be made immutable, neither were to be all at
                     once together chaunged. <hi rend="italic">Lycurgus</hi> also in like maner
                     tooke an oath of the Lacedemonians his subiects, to keepe his lawes vntill his
                     returne from the Oracle of <hi rend="italic">Apollo,</hi> from whence he
                     afterwards neuer returned, but went himselfe into voluntarie exile, out of his
                     natiue countrey; so to bind his citisens so much as possible was to the
                     perpetuall <milestone n="C" unit="unspec"/>

                     <note place="marg" anchored="true">Better to suffer euill lawes by little and little to growe
                        out of vse; then upon the soden with daunger to abrogate them all at
                        once▪</note> keeping of his lawes. And albeit that the iniquitie of some
                     auntient law bee by right euident, yet is it better to endure it, vntill that
                     it in time by little and little of it selfe loose the force, than upon the
                     sudden by violence to repeale it. For so did the Romans by many the lawes of
                     the twelue tables, which they would not abrogat, but onely by not obseruing
                     them, in that they were vnprofitable or vniust, suffered them so to grow out of
                     vse: which they so did, least in abrogating of them, they might seeme to
                     impaire the credit and authoritie of the rest of the same lawes. Yet after that
                     they had by tract of time bene of long buried as it were in obliuion (which was
                     seuen hundred yeares after that they were first published) it was at the motion
                     of <hi rend="italic">Aebutius</hi> the Tribune, decreed, That such of those
                     lawes as were as it were of themselves growne out of vse, should be <milestone n="D" unit="unspec"/> reputed as repealed and abrogated, to the end that no
                     man should with them yet standing in force be entangled.</p><p>But for that the nature of man as of all other worldly things also, is most
                        slipperi<gap reason="illegible" extent="1+_letters" instant="false"/>

                     <note place="marg" anchored="true">Neither are old lawes to be altogether sodenly without
                        daunger abrogated: or newe lawes rashly <gap reason="illegible" extent="1+_letters" instant="false"/>stablished.</note> and vnconstant, running still headlong from good to
                     euill, and from euill to worse; vices by little and little still encreasing,
                     not vnlike unto euill humors, which without sencible feeling encrease mans
                     bodie, vntill it be full of them, breedeth in it many most daungerous diseases,
                     and so at length bringeth it unto vtter destruction. For remedie where of new
                     lawes must of necessitie be deuised: which must yet for all that by little and
                     little be done, and not violently all at once. As <hi rend="italic">Agis</hi>
                     king of Lacedemonia vnwisely attempted to have done: who desiring to
                     reestablish in the Commonweale the <milestone n="E" unit="unspec"/> auntient
                     discipline of <hi rend="italic">Lycurgus,</hi> now by the negligence of the
                     magistrats almost grown quite out of vse, caused all the obligations and
                     scedules of priuat men to be uppon a sudden brought out &amp; burnt: which
                     done, he was about to have proceeded to the making of a new diuision of lands,
                     to the end to have so made an equalitie of wealth and goods amongst the
                     citisens, as <hi rend="italic">Lycurgus</hi> had before done: which although it
                     were a thing desired of many in the Lacedemonian Commonweale (which had indeed
                     so bene founded) yet so it was, that in making too much hast in the doing
                     thereof, he not onely fell from his hope, but thereby kindled such a fire of
                     sedition also, as burnt up his whole <pb n="472" facs="238"/> house, and so
                     afterward dispoiled of his estate, and by his rebellious subiects together
                        <milestone n="F" unit="unspec"/> with his mother and other his friends and
                     partakers strangled; made away for a sort of mad and euill minded fellowes to
                     inuade the state, hauing so depriued his countrey of himselfe a good and
                     vertuous prince. Whereas he should before have made himselfe maister of the
                     forces, or if that had not bene possible, yet to have sounded the minds of them
                     of the geater sort, and by meanes to have gained them unto him one after
                     another, as had <hi rend="italic">Lycurgus</hi> done before him; and then to
                     have forbidden them the vse of gold and siluer, that so it might have growne
                     into as little estimation as iron: and in some time after that, to haue
                     forbidden all sumptuousnesse in apparell, and rich furniture, and not at once
                     to have encroached upon the libertie of the people, to have proued their
                     patience, and chaunged their discipline: For that to vse such a violent letting
                        <milestone n="G" unit="unspec"/> of blood, before the corrupt humors purged,
                     or so strong a medicine, before any preparatiue giuen, is not the way to cure
                     the diseases, but to kill the diseased. Wherefore in the governments of
                     Commonweales, and healing the diseases thereof, we must imitat not the
                     Physitians onely, but euen nature it selfe, or rather the great God of nature
                     whom we see to do all things by little and little, and almost insensibly. The
                     Venetians right wisely during the life of <hi rend="italic">Augustin
                        Barbarin</hi> their duke, attempted not in any thing to abridge his power,
                     though by them much misliked and feared; least in so doing they should
                        eithe<gap reason="illegible" extent="1+_letters" instant="false"/> have offered some disgrace unto him their
                     prince, now growne old, or els have raised some new sturres, and so haue
                     troubled the quiet of their Commonweale. But he once dead, before they
                     proceeded unto the new election of <hi rend="italic">Loredan,</hi>

                     <milestone n="H" unit="unspec"/> the seignorie caused such new lawes and
                     decrees to be published, as whereby the power of the dukes was right greatly
                     impeired and diminished. The same wee have shewed also to have bene done in the
                     elections of the German emperours, the kings of Polonia, and of Denmarke, who
                     of soueraigne Monarches are now brought unto the small estates of Generals in
                     chiefe, some of them more, and some lesse: which the more closely to hide, they
                     have left unto them the imperiall and roiall markes and cognisances in their
                     habits, in their titles and ceremonies, but in few things els in effect and
                     deed.</p><p>But as it is a daungerous thing for the subiects all at once to abridge or cut
                        short<note place="marg" anchored="true">Dangerous for a prince upon the soden to displace or
                        caste offe the anntient seruitor of his predecessours, or great magistrats
                        of the estate.</note> the power of a soueraigne prince or magistrat, who yet
                     hath the power in his hand: so is it also no lesse daungerous for a prince upon
                     the sudden to displace or cast off the antient <milestone n="I" unit="unspec"/>
                     seruitors of his predecessours, or els at once to thrust out some part of the
                     great magistrats and officers of the estate, and to retaine the rest, they
                     which are new chosen or retained, resting over charged with enuie, and the
                     other with euill doing or ignorance, and withall depriued of the honour and
                     good, which they have bought full deere. And it may be that one of the fairest
                     foundations of this monarchy is, that the king dying, the officers of the
                     crowne continue still in their charge, who by that means still maintaine the
                     Commonweale in the estate thereof. And albeit that the officers of the kings
                     house be at the pleasure of the successour to be chaunged, so ought hee yet
                     therein to vse such discretion, as that they which are remoued have not
                     occasion to innouat or moue any thing as men disgraced, or at leastwise have no
                     power left them so <milestone n="K" unit="unspec"/> to doe, albeit that they
                     were thereunto willing. In which point the emperour <hi rend="italic">Galba</hi> being deceiued, and hauing thrust <hi rend="italic">Otho</hi>
                     out of the hope hee had conceiued of the empire, to adopt <hi rend="italic">Piso</hi> to succeed him in the government, and yet for all that without
                     disarming of <hi rend="italic">Otho,</hi> he was shortly after by the same <hi rend="italic">Otho</hi> (a man in great fauor with the Pretorian souldiours)
                     slaine together with <hi rend="italic">Piso,</hi> whome he had before adopted
                     to succeed him in the empire and government of the state. All which perils and
                     daungers are lesse to be feared in an Aristocratike or Popular estate, for that
                     in them they which have the soueraigntie neuer die; howbeit that there is in
                     them no lesse danger in chaunging of <pb n="473" facs="238"/> their soueraigne
                     magistrats, or generals (as we have before declared) or in making of <milestone n="A" unit="unspec"/> lawes which may tend to the impairtng of the power of
                     the people▪ or which may any way seeme profitable unto the nobilitie, and
                     preiudiciall or hurtfull unto the people: or in case that victuals and
                     prouisions faile, or that some great extreame dearth arise; in which cases
                     there is alwaies daunger of popular commotions and rebellions. So that<note place="marg" anchored="true">All alterations of lawes or other great matters in a
                        Commonweale are best to be made by little and little.</note> in briefe, when
                     question is for the displacing of great magistrats, or for the suppressing of
                     corporations or colledges, or for the cutting short of priuileges, or the
                     augmenting of punishments, or for the reforming of disorders amongst the
                     people, or for the calling of great men to account, or for the reducing of
                     religion to▪ the former course and beginning thereof; which by succession of
                     time, following the naturall corruption of man, hath bin altered &amp; changed
                     from the first puritie therof: there is no better means than <milestone n="B" unit="unspec"/> to come thereunto by little and little, without forcing of
                     any thing, if it were possible, as by way of suppression. Whereof we have a
                     notable example of king <hi rend="italic">Charles</hi> the fift (euen he that
                     was surnamed the Wise) who at such time as he was Regent in France (his father
                     being as then prisoner in England) by the euill councell of some, ignorant in
                     matters of estate, at one chop suspended all the officers in Fraunce, of whome
                     also hee suppressed the greatest part, appointing fiftie commissioners for the
                     hearing of such accusations as should be laid against them for the extortion
                     and briberie by them committed and vsed: whereupon all Fraunce was in such
                     tumult and up<gap reason="illegible" extent="1+_letters" instant="false"/>ore (for the infinit number that then
                     were of male contents) as that shortly after for remedie thereof, hee
                        <milestone n="C" unit="unspec"/> by a decree in the high court of parliament
                     at Paris, whereunto all the nobilitie were assembled, abrogated the former law.
                     Which decree is yet extant in the act of that his court, to this effect and
                     purpose, <hi rend="italic">Cùm regiae potestati &amp; procurationi, quam
                        gerimus, non modò quae ab alijs, sed etiam quae a nobis ipsis &amp; in
                        Rempublicam, &amp; in singulos peccantur emendare consentaneum sit, rebus
                        planè perspectis &amp; cognitis, quae de imperio magistratibus adempto noua
                        lege iussimus, placet abrogari; vt quidem abrogamus, &amp; apertè
                        declaramus, legis illius, quae importunis quorumdam rogationibus erepta est,
                        nullam vim fore, &amp; quae acta gesta sunt, cum magno nostro dolore acta
                        gesta fuisse; nec illam magistratuum ac honorum abrogationem, quam non iure
                        factam esse censitemur cuiquam fraudi esse: aut cuiusquam ius ac dignitatem
                        violare nos vlla ex parte voluisse: ac proinde legem illam iure a nobis</hi>

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

                     <hi rend="italic">rescindi &amp; abrogaritestamur, vt omnibus magistratibus
                        salua omnia &amp; integra restituantur,</hi> Whereas by the regall power and
                     authoritie which we beare, it is fitting for vs to correct and amend, not onely
                     such things as by others, but euen by our selues also are trespassed against
                     the Commonweale, or other men in particular: all things throughly looked into,
                     and tried, our pleasure is, That what we have by a new law commaunded
                     concerning power and authoritie taken from the magistrats, to be againe
                     abrogated, as indeed we abrogat, and plainely declare the force of that law
                     (which was by the importunat suit of some wrested from vs) to be nothing: and
                     that such things as were then done, to have bene done to our great griefe:
                     neither that that depriuation of offices or honours, which we confesse to haue
                     bene not lawfully done, to bee impu<gap reason="illegible" extent="1+_letters" instant="false"/>ed to <milestone n="E" unit="unspec"/> any man: neither that our will was in any part to
                     violat any mans right or honour: And therefore we freely protest, that new law
                     to be of vs rightly repealed and abrogated: and that so all things safe and
                     whole, may so againe bee unto the magistrats restored. And thus much he. But
                        <hi rend="italic">Charles</hi> the ninth comming unto the crowne, and seeing
                     the number of officers through the libertie of the times growne almost infinit,
                        to<note place="marg" anchored="true">The wise course taken of Charles the IX for the abating
                        of the infinite number of officers in the Commonweale.</note> the great hurt
                     of the Commonweale, in such sort, as that it seemed a thing almost necessarie
                     to have depriued them of their honours and fees, yet did he not so, for that it
                     could not without great iniurie be done, when as the money they had before paid
                     for them, could not by reason of the want of coine in the common treasurie, bee
                     againe <pb n="474" facs="239"/> repaid unto them: neither if it could haue
                     bene, could he yet be without imputation &amp; <milestone n="F" unit="unspec"/>
                     disgrace, that was so without cause displaced. Besides that, unto many their
                     credit &amp; reputation was in more esteeme &amp; deerer than was their profit,
                     and much the more was it to be feared, that if they should both of their money
                     and preferment be together spoiled, least their present credit and profit being
                     impaired, and the hope also of the recouerie of the money they had paid lost▪
                     should minister unto many of them occasions for them to raise rebellions and
                     new sturres in the estate of the Commonweale. Wherefore the want of money in
                     the common treasurie profited vs then mindfull of other things, and fortune so
                     favoured our vnskilfulnesse and ignorance, as in auntient time it did a
                     painter, who painting of an horse, when as he not knowing how cunningly to
                     expresse the foame of the horses mouth, and wearie of his worke not well
                     sorting to his <milestone n="G" unit="unspec"/> mind, in an anger cast his wet
                     spunge at it, and so by fortune expressed that which he by cunning could not
                     do: euen so it pleased that king to lessen the multitude of his officers stil
                     as they died, by chusing no new in their steads, when as he could not againe
                     restore unto them the money they had paid for their offices; neither yet if the
                     princes wealth &amp;<note place="marg" anchored="true">Not good for a prince to vse the
                        greatnesse of his power in displacing of the great officers of his realme
                        and state.</note> power had bene so great, as with his becke or a wink of
                     his eye, to cause all his subiects to tremble, and so to be able to doe what
                     thing soeuer he list, should he yet seeme to do wisely by force to take away
                     the offices and places before sold unto his magistrats and officers: For that
                     not onely they which have receiued the iniurie, but euen other his subiects
                     also, are oft times much moued and incensed with iniuries and wrongs done vnto
                     other men: Besides that, the mightier that a man is, the more iustly and
                     temperately <milestone n="H" unit="unspec"/> he ought to behave himselfe
                     towards all men, but especiall towards his subiects.<note place="marg" anchored="true">Religeous houses with great wisdome quietly suppressed at Basill and
                        Coire.</note> Wherefore the Senat and people of Basil did wisely, who hauing
                     renounced the Bishop of Romes Religion (which they now detested) would not upon
                     the sodaine thrust the Monkes and Nunnes with other the Religious persons out
                     of their Abbies and Monasteries: but onely tooke order, that as they dyed, they
                     should die both for themselves and their successors, expresly forbidding any
                     new to be chosen in their places; that so by that meanes their colledges might
                     by little and little by the death of the fellowes be extinguished. Whereby it
                     came to passe, that all the rest of the Carthusians of their owne accord
                     forsaking their cloister, yet one of them all alone for along time remained
                     therein, and so quietly and without any disturbance held the right of his
                        <milestone n="I" unit="unspec"/> couent, being neuer enforced to chaunge
                     either his place, his habit, or old ceremonies, or religion before by him
                     receiued. The like order was taken at Coire in the diet of the Grisons: wherin
                     it was decreed, That the ministers of the reformed religion should be
                     maintained of the profits and reuenewes of the church, the religious men yet
                     neuerthelesse still remaining in their cloisters and couents, to bee by their
                     death suppressed, they being now prohibited to chuse any new in stead of them
                     which were dead: as I have learned by the letters of the ambassadour of
                     Fraunce, who was then at Coire. By which meanes both they which professed the
                     new religion, and they which professed the old, were both prouided for: whereas
                     otherwise it had beene an vnreasonable thing to have thrust them, who had
                     learned not onely to live idly, but euen to doe nothing <milestone n="K" unit="unspec"/> at all (as <hi rend="italic">Lucilius</hi> merrily saith)
                     hauing neither trade nor occupation to live uppon, out of the old possession of
                     their lands, were it neuer so vniust. Whereof beside the iniurie unto them
                     done, daunger might have also ensued, least they not hauing whereof to live,
                     and so brought into dispaire, might have attempted some thing against the
                     state; and so haply drawne after them all their friends and allies alo, to the
                     great trouble of the whole Commonweale. For the same cause the king hauing
                     giuen leaue for the free exercise of the new religion in this realme of
                     Fraunce, and seeing that they which under the colour thereof were gone out of
                     ther cloisters, demanded a portion in <pb n="475" facs="239"/> the lands and
                     inheritance of their parents or neere kinsmen: it was decreed, and that upon
                        <milestone n="A" unit="unspec"/> great paine, That they should againe
                     returne unto their cloisters: which seemed to be a thing directly contrarie
                     unto the law, whereby free libertie was giuen for euerie man that wold, to
                     professe the new reformed religion. Howbeit that this was indirectly to stop
                     the mouthes of them which departing out of their monasteries, sought to trouble
                     the estate, and under the vaile and colour of religion, to trouble the most
                     great and noble houses of this realme: besides that it had beene also
                     necessarie in all the customes of this realme, to rase the article concerning
                     the religions, who both by the cannon and civill laws, as also by all our lawes
                     and customes, are excluded and shut out from all hope of inheritance.</p><p>But now that which we have said, That the multitude of officers, or of
                     colleges, and <milestone n="B" unit="unspec"/> companies, of priuileges, or of
                     wicked men, which through the sufferance of princes, or the negligence of the
                     magistrat, are by little and little growne to the hurt of the Commonweale, are
                     by the same meane to be againe suppressed; hath place in all things which
                     concerne the publike state, and hath a reference unto the nature of the
                        lawes,<note place="marg" anchored="true">The best and surest way for the suppressing of a
                        tyrant.</note> which have no force nor effect but for the time to come. And
                     albeit that tyrannie bee a thing most cruell and detestable, yet so it is, that
                     the surest way and meane to suppresse the same, if the tyrant have neither
                     children nor brethren to succeed him, is together with the death of the tyrant
                     to abolish also the tyrannicall government; &amp; not by force whilest he yet
                     liveth to striue to take from him the government, with the hazard of the
                        <milestone n="C" unit="unspec"/> ruine of the whole estate, as oftentimes it
                     chaunceth. But if the tyrant have children, and doth what he may to destroy the
                     good, and to put the great men one after another to death (as <hi rend="italic">Tarquin</hi> the proud, and other tyrants following his steps used commonly
                     to doe) or to suppresse the magistrats or other great officers which might stay
                     the course of his tyrannie, to the end that hee may without let or controlement
                     doe whatsoeuer him pleaseth: then in this ease violent remedies are to bee
                     vsed, but with such limitation and restriction as we have before set downe, and
                     not otherwise, least so wee might seeme rashly to arme the subiects against
                     their princes.</p><p>We ought then in the government of a well ordered estate and Commonweale,<note place="marg" anchored="true">The wise polititian in the government of the estate is to
                        imitate the works of God in nature who by litle and litle bringeth great
                        things to perfection.</note> to imitat and follow the great God of nature,
                     who in all things proceedeth easily and <milestone n="D" unit="unspec"/> by
                     little and little, who of a little seed causeth to grow a tree for height and
                     greatnesse right admirable, and yet for all that insensibly; and still by
                     meanes conioyning the extremities of nature, as by putting the Spring betwixt
                     Winter and Sommer, and Autumne betwixt Sommer and Winter, moderating the
                     extremities of the times and seasons, which the selfe same wisedome which he
                     vseth in all other things also, and that in such sort, as that no violent force
                     or course therein appeareth. But if it be oftentimes daungerous to chaunge the
                     lawes of an estate or Commonweale, as wee have before declared: Let vs now see
                     also, if it be not in like sort daungerous oftentimes to chaungethe
                     magistrates, or that it is much better to have them perpetuall and <milestone n="E" unit="unspec"/> without chaunge.</p></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>