THis Chapter depends upon the former, for one of the causes which brings the subiects to extreame pouertie, is to take the goods of the condemned from their lawfull heires, and especially from children, if they have no other support nor hope, but in the succession of their parents: and the more children they haue, the greater their pouertie shall be, to whome the succession of their fathers belongs by the law of nature, and who by the law of God should not suffer for their fathers offences. By which confiscations not onely the lawes of God and nature seeme to be violated, but the children (who haply have benebred up in delights) are oftentimesIt seemes against the law of nature to take the succession of the father condemned from the child. reduced to such pouertie and miserie, as they are thrust into despaire, and attempt any villanie, either to be revenged, or to flie from want which doth oppresse them. For we may not hope, that they which have bene bred up as maisters, will serue as slaues: and if they have not in former times learned any thing, they will not now begin, when as they have no meanes. Besides the shame they have either to beg, or to suffer the reproach of infamie, doth force them to banish themselves, and to ioyne with theeves & robbers: so as for one sometimes there goe forth two or three worse than hee that had lost both life and goods: so as the punishment which serueth not onely for a revenge of the offence, but also to diminish the number of the wicked, and for the saftie of the good, produceth quite contrarie effects. These reasons briefly run ouer, and amplified by some examples, seeme necessarie to shew that the law of Iustinian the emperour, receiued and practised in many countries, is most iust and profitable: whereby it was enacted, That the goods of them that were condemned should be left unto their heirs,Iustinian left the goods of the condemned unto the heire. vnlesse it were in case of high treason. Contrariwise some may say, that this is a new law, and contrarie to all the auntient lawes and ordinances of the wisest princes & lawgiuers, who would have the goods of any one condemned, adiudged unto the publike, without some especiall cause to moue them to the contrarie: bee it for reparation of faults, which oft times is pecuniarie, and is to be paid to the Commonweale interessed, for els there should bee no meanes to punish by fines, the which is an ordinarie kind of punishment: be it for the qualitie of the crimes, and of those that have robbed the Commonweale, which must be satisfied out of his goods that hath offended: or to terrifie the wicked, which commit all the villanies in the world to enrich their children,Wicked men wil attempt any thing to enrich their children. and many times they care not to loose their lives, yea to damne themselves, so as their children may be heires of their robberies and thefts. It is needlesse to proue this by examples, the which are infinit: I will onely produce one of Cassius Licinius, who being accused and condemned of many thefts and extortions, and seeing Cicero (who was then president) putting on his purple robe, to pronounce the sentence of confiscation and banishment, he sent one to tell Cicero that he was dead during the processe, & before the condemnation, choaking himselfe in view of the judges with a table napkin, to the end he might saue his goods for his children: Then Cicero (saith Valerius) would not pronounce the sentence. It was in the power of the accused to saue his life in abandoning of his goods, according unto the conclusions of his accusers: as Verres and many others in like case did▪ for by the law Sempronia they might not condemne a bourgesse of Rome to death, nor whip them by the law Portia. And although that Plutarch, and Cicero himselfe writes to his friend Atticus, That hee had condemned Licinius, it is to be vnderstood by the aduice and opinion of all the judges, not that he had pronounced the sentence, for those lawes were not yet made against them which killed themselves before sentence. And a hundred and fiftie yeares after, if any one being accused and guiltie of any crime, had killed himselfe through dispaire or griefe, he was buried and his testament was of force, in the time of cruell Tiberius, Pretium festinand, A law in favour of murtherers. (saith Tacitus) that is to say, Murtherers in their persons had that aduantage over others. But whether that he were condemned after his death, or that he died of griefe, it appeares plainely that many make no difficultie to damne themselves to enrich their children. And it may be there is nothing that doth more restraine the wicked from offending, than the feare of confiscation, whereby their children should be left beggers.The law of confiscation the wicked. Therefore the law saith, That the Commonweale hath a great interest, that the children of them that are condemned, should be poore and needie. Neither can wee say, that the law of God or nature is therein broken, nor is the sonne punished for the father, for that the fathers goods are not the childrens: and there is no succession of him whose goods are iustly taken away before he is dead.

And if any one feares that want wil driue the children to dispaire, and to all kinds of wickednesse: much more reason hath he to feare, that wicked children will abuse their fathers goods, to the ruine of good men and of the Commonweale. And therefore the law excludes the sonnes of him that is condemned for high treason, from all successions direct and collaterall, and leaues vnto the daughters (who have lesse power to revenge) a fourth part of their mothers goods. But there is a greater inconuenience if Rewards are necessary for accusers. the goods of the condemned be left unto their heirs, then shall the accusers and informers haue no rewards, and wickednesse shall remaine vnpunished.

These be the inconueniences on either part, but to resolue of that which is most fit, is most necessarie that the true debts being either publike or priuat, and the charges of informations, should be deducted out of the goods of the condemned, if they have wherewithall: else there should be no punishment of the wicked. Yet this clause ought not to be annexed unto the sentence, and hath bene reproued by many decrees of the court of parliament, to the end that the judges may know, that they ought to do iustice although the condemned hath not any thing. In like sort it is necessarie that fines & amercements should be leied out of their goods that are condemned in any summe of money, prouided alwayes, that it be taken out of their mouable goods▪ or out of thatWhat order is to be obserued in their goods that are condemned. which they haue purchased, and not out of those lands which come by succession, the which must be left unto the heire. And in capitall crimes, that the mouables & lands purchased, should be forfeited and sold to them that would giue most, for the charges of the processe, and the reward of informers; and the rest to be imployed to publike & charitable vses, the succession remaining to the lawful heires: in so doing you shal preuent the extreame pouertie of the children, the couetousnesse of slaunderers, the tyranny of bad princes, the euasion of the wicked, and the impunitie of offences. For to forfeit those lands which are tyed unto the house, were no reason, seeing it is not lawfull toLands which come by succession cannot be forfeited. alienat them by testament, nor in many places to dispose therof in their life time: by the which should follow a great inequalitie of goods. And for this reason the goods and lands purchased must be sold, and not applied unto the church or publike treasure, least that in the end all priuat mens estates should come to the publike, or to the church: for that it is not lawfull to alienat those goods which are vnited to the reuenewes of the Commonweale, or to the church. Moreover informers and accusers must bee rewarded, not with the possessions of the condemned (which might animat them to accuse good men wrongfully) but with some peece of mony: For the desire to have the house or inheritance of another man, the which they could not obtaine for money, would be a great occasion of false accusers to ruine the innocent. Yet must informers have some reward, else the wicked shall continue their villanies with all impunitie. And as a good huntsman will neuer faile to reward his dogges with the intrails of the beast, to make them the more lively: so a wise law-giuer must reward them which seize uppon the wolues and lions of the Commonweales. And for that there is nothing (after the honour due unto God) of greater consequence than the punishment of offences, wee must seeke all meanes possible to attaine unto it. But the difficultie is not small, to take the confiscations from the publike, to imploy them as I have said, and especially in a Moarchy. Yet there are many reasons, the which a wise and vertuous prince will more esteeme for his reputation, than all the goods in the world gotten by confiscations.The inconueniences which grow in adiudging of confiscations unto the publike. For if the publike reuenewes be great, or the charges and impositions laid uppon the subiect sufficient, the confiscations ought not to be adiudged unto the treasure, if the Commonweale be poore, much lesse may you inrich it with confiscations. Inso doing you shall open a gate for false accusers to make marchandise of the blood of the poore subiects, and for princes to become tyrants. So we see that the height of all tyranny hath bene in proscriptions and coufiscation of the subiects goods. By this means Tiberius the emperour made the way to a most cruell butcherie, leauing to the value ofConfiscations the caue of tyranny. sixtie seuen millions of crownes gotten the most part by confiscations. And after him his nephewes Caligula and Nero, polluted their hands with the blood of the best and most vertuous men in all the empire, and all for their goods. It is well knowne that Nero had no colour to put to death his maister Seneca, but for his wealth. Neither shall there be at any time false accusers wanting, knowing they shall neuer bee called in question for their slaunders, being supported by the prince, who reaps part of the profit. Plinie the younger speaking of those times, Wee have (saith hee) seene the iudgements of informers, like unto theeves and robbers: for there was no testament, nor any mans estate assured. And therefore by the lawes, the kings procurator is enioyned to name the informer, least the accusation in the end should proue slaunderous: the which is necessarily obserued in Spaine, before that the kings procurator is admitted to accuse any man, by an edict of Ferdinand, made in the yere 1492, in these tearmes, Que ningun fiscal pueda accusar a conseo persone particular sin dar primerimente delator, That no fiscall or publike officer may accuse any priuat person before the Councell, but hee shall first giue in the accusers name. If confiscations have beene alwayes odious in euerie Commonweale, much more daungerous be they in a Monarchy than in a Popular or Aristocraticall estate, where false accusers are not so easily receiued.

If any one will obiect, That we need not to feare these inconueniences in a Royall estate, hauing to doe with good princes: I annswere, that this right of confiscation isConfiscations most daungerous in a Monarchy. one of the greatest means that euer was inuented, to make a good prince a tyrant, especially if the prince be poore. For he that hath no pretext to put his subiect to death; ifTyrants are enriched by false accusations, by meanes of confiscations. he hopes to haue his goods thereby, he will neuer want crime, accusers, nor flatterets. And oftentimes the wiues of princes kindle this fire, & inflame their husbands to al crueltie, to enioy the goods of them that are condemned. Achab king of Samaria could not get Naboths vinyard, neither for price nor praier, but queene Iesabel subborned two false witnesses, to condemne the innocent as guiltie of treason both against God and man. And Faustine did still importune the emperour Marcus Aurelius her husband, to put to death the poore innocent children of Auidius Cassius, beeing condemned for treason, whose goods the emperour left unto his children; as the kings of Persia were woont to doe, euen in cases of high treason, and hath bene often practised in this realm. And by the lawes of Polonia, confiscation hath no place but in the highest degree of treason: and oftentimes it is giuen unto the kinsfolkes. But it is a hard matter to recover the goods which are once forfeited, be it by right or wrong; for they hold it for a rule, That amercements once adiudged to the crowne and receiued, are neuer restored, although the iudgement were false. The which is the more to bee feared, for that the goods of them that are condemned for treason, are forfeited to the prince, and not to the lords of the soyle, who cannot pretend any thing if another mans subiect bee condemned for treason, as they may doe in all other crimes. And although we may number as many good and vertuous kings in this realme, as euer were in any Monarchie upon this earth, yet wee shall see that the reuenewes have beene more augmented by confiscations and forced gifts, than by any thing else. Was there euer prince in the world in vertue, pietie, and integritie, like unto our king Saint Lewes? and yet by the meanes aforesaid, hauing caused Peter of Dreux to be condemned, he did confiscat, and then vnite unto his crowne the earldome of Dreux: as he did also unto Thibaut king of Nauarre and earle of Champagne, who was in the like daunger, if he had not resigned Bray, Fortione, and Monstrueil: and Raymond earle of Tholouse, the countrey of Languedoc.1234. The countries of Guienne, Aniou, Maine, Touraine, and Auuergne, are come unto the crowne by confiscations in the time of Philip Augustus. The dutchie of Alencon,1202. and the earledome of Perch, are also come by confiscations. In like case 1458. Perigort, 1369. Ponthieu, 1370. la Marche, 1302. Angoulesme, 1302. l'Isle in Iourdaine, the marquisat of Salusses, and 1535. all the goods of Charles of Bourbon, with many other priuat Seigneuries, have bene forfeited for high treason, according to the custome of other Commonweales, and the antient laws. But the custome of Scotland in cases of treasons is more cruell, whereas all the goods of him that is condemned accrue unto the exchequer, without any regard of wife, children, nor creditors.

If any man will say, That the king freeing himself of those lands which hold not immediatly of him, according to the edict of Philip the Faire, and giuing the most part of them which hold directly of him, vnto such as shall deserue well, the which he may do before they be incorporat vnto the crowne: hee shall not appropriat unto the publike all the goods of priuat men, as else he might do in time. And to preuent this inconuenience, the king cannot recover those lands which hold directly of him, offring the price to them that bought them: for so he might by purchase get all his subiects lands. I doe therefore thinke this more convenient, than to adiudge the confiscations unto the people; as they did in Rome by the law Cornelia, which Sylla the Dictator did publish, after that he had enriched his friends and partisans with the spoyles of his enemies. But there is as small reason to giue them to the flatterers of princes, and to the horse leaches of the court, as it is vsuall in all gouerned Monarchies, which opens a gap unto false accusers, giuing unto the vnworthy the rewards of the well deseruing. Who doth not remember (although I grieue to remember) the blood of innocent citisens shed for gaine under a colour of religion, to glut these horseleaches of the court? Therefore to auoide these inconueniences of either part as much as may be, I see no better meanes than that which I have said, That deducting the charges of the suit, his iust debts being publick or priuate, and the rewards of the accusers; the surplusage of his inheritance should be left unto the heires, and that which was purchased to charitable vses▪ prouided alwaies that that which is giuen to the informers, or to the colleges in charitie, shall be only in money and not in lands, for the reasons that I have formerlyInformers must be rewarded with money, and not with lands. giuen. As for charitable works, there neuer wants meanes to imploy it, either in diuine things, or in publike works, or else about the sicke or the poore. In old time at Rome amercements were adiudged to the treasurie of Churches, to be imployed in sacrifices, and therefore they called amercements Sacramenta, as Sextus Pompeius saith: for which cause Titius Romilius refused the peoples bountie, which had decreed that they should restore unto him the fine in the which he had bene condemned, saying, That things consecrated unto God should not be taken from him. The like was also obserued in Greece for the tenth of the goods that were confiscate, the which were adiudged unto the Church, as we may see in the sentence giuen against Archiptolome, Antiphon, and his consorts in Athence in the forme that followeth. The 16 day of Prytanee, Demonicus Dalopeie being Register, and Philostratus Captaine, at the pursuite of Andron touching Archiptolemus, Onomaches, and Antiphon, whome the Captaine hath accused that they went to Lacedemon to the preiudice of the Commonweale, and that they departed from the Camp in one of the enemies ships; the Senat hath decreed, That they should be apprehended, and that the Captaine with ten Senators named by the Senat, should determine of them, to the end they might be punished, that the Thesmothetes should call them the next day, and bring them before the Iudges, and that the Captaine or any other might accuse them, to the end that iudgement beingThe law of Athens in cases of treason. giuen, execution might follow, according to the lawes made against traitors. And under the decree the sentence is set downe in this sort, Archiptolemus and Antiphon were condemned and delivered into the hands of eleuen executioners of iustice, their goods forfaited, and the tenth reserued unto the goddesse Minerua, and their houses razed: afterwards they did adiudge all vnto the publike treasor, and yet the law did allow the Iudges to dispose in their sentence as they should thinke the cause deserued for publike or charitable vses, as we have a commendable custome in this realme. That which I have said of successions should principallie take place, when as there is any question of lands holden in fee, for the prerogative and qualitie of the fee, affected to the antient families for the seruice of the Commonweal. Wherin the Germans have well prouided, for in all confiscations the next of kin are preferred before the publikeThe law of Germanie for confications. treasurie when there is any question of land in fee; wherby flatterers have no means to accuse wrongfully, nor Princes to put good men to death for their fees▪ which seemes to have been the reason that by the lawes of God the amercement was consecrated unto God, and giuen to the high Priests, if he that had offended were not in presence, or had no heires. And for that this Chapter concernes rewards and punishments, order requires that we discourse of the one and the other.