The six books of a common-weale

NOw forasmuch as we have alreadie spoken of Corporations [*](A convenient and decent order to be in all things fit and requisite.) and Colledges, it remaineth for vs also to speake of the orders and degrees of Citisens. For if so be that in all things wee desire and seeke after a convenient and decent order, and deeme nothing to be more ougly or foule to looke upon, than confusion and broyle: then how much more is it to be sought for in a Commonweale, so to place the Citisens or subiects in such apt and comely order, as that the first may be ioyned with the last, and they of the middle sort with both; and so all with all, in a most true knot and bond among themselves, together with the Commonweale? For why, it is a most antient

and receiued opinion of the wise, Almightie God himselfe the great and supreme workemaster and creator of this great and wonderfull Fabrick of all things, in the creating thereof, to have performed nothing either greater or better, than that hee divided the mingled and confused parts of the rude Chaos, and so setled euerie thing in his due place and order. Neither can there be any thing faiter to behold, more delightfull to he mind, or more commodious for vse, than is order it selfe. But they which goe about so to make all subiects or Citisens equall one unto another in dignitie, order, and and place, as that there shall be nothing in a Citie or Commonweal first, or in the middest, but will have all degrees so mingled together and confounded, without respect of sexe, age, or condition they seeme to mee to do as they doe which thrust barly, wheat, rise, mill, and all other kind of pulse into one heape together; whereby they loose the vse both of euerie kind of graine in particular, as also of the whole heape together. Wherefore there was neuer any law-giuer so vnskilfull, but that he thought that there ought still to bee some diuision, ordering, and sorting of the Citisens or subiects in a citie, or Commonweale. Here by ordering and sorting of the Citisens or subiects, my meaning is, that there should be a part of the citisens divided from the rest in condition, state, or sexe: in condition, as the nobilitie from them that were but from the Senators descended, the knights and gentlemen from the common people in sexe: as women from men: in state, as free borne men from them which are but of manumised slaues made free; and they which are by state free, are divided from them both.

As for slaues we have before said, them by the generall con---ent of almost all people, [*](Slaues accounted no citisens and yet indeed worthie to be so reckoned of▪ though in the lowest and basest degree of citisens) to have bene still exempted out of the number of Citisens. Yea Aristotle hath tearmed slaues, but instruments for other mens vses; whereas some others have accounted of them, but as of beasts, or rather worse: and yet the question resteth vndecided, Whether that slaues are to be accoūted in a mans goods or substance, or not. But if the determining hereof might be unto me referred, surely I should wish the right and libertie of the citie to be set open, as well unto the slaues as unto the free borne men. For what is this so arrogant temeritie (should I say) or impietie of men, that forgetting mens conditton and state, they should enforce this so diuine a creature, hauing his libertie shamefully taken from him, not onely to serue their lust, but also to make no more account of him, yea and peraduenture lesse too, than of a verie beast? But bee it that slaues be indeed of the basest sort of men, do they therefore not deserue to be tearmed by the name of citisens? There be in mans bodie some members, I may not call them filthie (for that nothing can so be which is naturall) but yet so shamefull, as that no man except he be past all shame, can without blushing reueale or discover the same: and doe they for that cease to be members of the whole bodie? The feet themselves, with perpetuall labour hold up and carrie about the whole bulke of the bodie, and are oft times foule with durt, filth, and dust, but yet who is so mad, as to thinke them therefore worthy to be cut off from the bodie? Now if these baser members indeed bee and are still called parts of the whole bodie, why shall wee not by the same reason suffer slaues, who are still pressed and kept under with the most heauie burthens and commaunds of the other citisens, to bee called and accounted members of the same citie with them? But if we thinke this to be an absurd thing, then are they to bee driuen out of the citie, and as rotten limmes to be cut off: but if we will still retaine them in a citie, in a familie, and so in our obedience and seruice, we must also make them partakers of the citie with vs. For seeing they be subiects and not straungers, they must needes make up a part of the citisens, and bee accounted in the number of them. Which I would have vnderstood to be of me so spoken, not for that I should desire slauerie long since taken away out of our Commonweale, to be thereinto againe restored: but

that forasmuch as the force and boldnesse of men is so farre broken out, as that wee see seruitude and slauerie by little and little to creepe in, and to returne againe: it might be forseene and prouided for, that such slaues might not hereafter bee more hardly vsed, than the state and condition of man requireth, and might also have their certaine place and order in the citie. Wherefore let the order of slaues bee of all others the lowest in degree in a citie; and of them wee will begin first to speake. For as for that which Cicero obiecteth unto Antonius, That he had so contracted affinitie, as that hee might thereby the better commend himselfe unto them that were of the meanest degree: hee ment it by them which had bene mannumised men, and not by the slaues indeed: for that in the citie Rome, slaues indeed had neither place nor degree. Neither did Metellus his speech concerning marriages to bee made in degrees together belong unto slaues, to whome the rites and rights of marriage were altogether forbidden, hauing onely their mutuall conuersing and companie one of them of another; as Paulus the lawyer writeth in the second booke of Sentences, albeit not altogether aduisedly, for that they held the right of blood, as did other citisens, and were forbidden incestuous marriages as well as others; although that they had not the other rights of marriages. And for that slaues were oftentimes borne of vncertane fathers, their children were also accounted vncertaine: and therefore slaues and manumised men were not said to be of any familie, stocke, or house; onely they which were of the nobilitie descended, boasted themselves to have stocke, or house from whence they came. Hereof came that speech of Decius against them that were descended from the nobilitie, Semper ista audita sunt, vos solos gentem habere: an hoc, si Claudiae familiae non sim, nec ex Patricio sanguine ortus, sed vnus Quiritium quilibet, qui modò me duobus ingenuis ortum sciam, reticere possim? These things have alwaies bene heard, you alone to have a stock & house, But if I were not of the house and familie of the Claudians, neither borne of noble blood, but some one of the common people, which but knew my selfe to bee borne of two free borne pe---sons, could I in this hold my peace? Whereby he sufficiently insinuateth neither slaues nor mannumised men to have had any stocke or house from which they might account themselves descended: and them onely to have beene accounted[*](Why we call such as be noble borne by the name of gentlemen?) so to haue, which had their beginning from them that were free borne: and hereof it commeth that we call such as be nobly borne by the name of Gentlemen, as hauing an house or familie from which they are descended. Howbeit that they which were so nobly borne, went yet further, vaunting them onely to have an house and familie, from which they might produce their discent, none of whose auncestors had at any time serued as slaues: For why, the multitude of the vulgar and common sort of the people, was thought almost all to have taken their beginning from such as hauing bene slaues, were by mannumission become free.

Next unto slaues are they whome they call State-free men, and after them the Libertines,[*](Foure kind of libertines or of manumised men in Rome.) or as we may tearme them the manumised men, who were every where of diuers sorts and condition, as there were also diuers sorts of slaues. And to let other cities passe, wee see in Rome to have bene foure sorts or kinds of these Libertines, or enfranchised men; viz. those whome they called Romani, Latini, Iuniani, and Dediticij: whome for that they be vsuall and common, I let them passe: sufficeth it as it were with the finger to point out the fountaines of them, least in a citie these diuers orders of enfranchised or mannumised men might bee together confounded. Now the order or degreeof state free men, was in a meane betwixt slaues and the Libertines or manumised men, for in that their libertie was yet holden in suspence, they were in better[*](State free men better then slaues and worse then libertines.) case and condition than were the slaues, and yet withall in worse than were the libertines, or men alreadie enfranchised. And these orders euerie one of them according

to the qualitie of their condition and state, were also likewise in their degrees placed.[*](The nobilitie alwaies divided from the vulgar and common people.)

The rest of the citisens are divided according to the varietie of their conditions and estates, and diuersitie of their manners and customes. Yet that is common almost to all people, that noble men should in order and dignitie be divided from the vulgar and common people, since first Nimrod the great robber, most notably attended uppon with a great power of wicked companions, and such as himselfe was, with cruell seruitude oppressed them that were too weake for him, and so first tooke upon him the government[*](The first nobilitie grounded upon violence and oppression.) of the Assyrians, as we have before said. So left his nobilitie got by villanie, for his posteritie to imitat: which opinion further spreading, tooke such deep root, as that euerie man as he was the mightier in violence and murthering of others, hee was [*](True nobilitie grounded upon vertue.) thought to be so much more the nobler: vntill such time as that the people by good lawes and ciuilitie better instructed, deemed, that the true nobilitie, was by vertue and not so by villanie to be sought for.

But forasmuch as one man excelleth another in some one or other vertue: and for[*](Nobilitie in diuers places diuesly accounted of, and neither in al places alike.) that such vertues as are in one citie or place most highly commended, are in some other no lesse contemned. Hereof it commeth, that no one definition of nobilitie could euer yet be made agreeable unto the nobilitie of all the people: honour and infamie being still deemed and reputed of, according to the manner and custome of euerie countrey. For by the customes of the Perusines and Florentines, he which but now began to beare arms and serue in warre, was of one before vnnoble, now thereby become noble: whereas with vs he is not so by and by: but if his posteritie shall follow the wars, they are reputed to have gotten nobilitie as it were by the continuance of time. But not so at Venice, who still measure the nobilitie of their gentlemen, by the honourable antiquitie of such houses and families as have alwaies attended their publike councels and affaires. And albeit that the Decurions or pettie captaines by the Roman law, bee reputed of by the name of gentlemen: which law is also receiued with them of Poitiers[*](Whether the bearing of ares in the warres make a man therfore a gentleman or not?) by the consent of all the three estates, yet is it no where els with vs so found. But that the bearing of armes should of it selfe make a gentleman, I see it to have so pleased not onely the Florentines and Perusines, but diuers interpretors of the law also, and especially Alciat, who hath not doubted to cite Triuultius the great captaine as author therof. Truely amongst the Aegyptians it was not lawfull but for the Calasyres: and many worlds of yeres after, for the Mammalukes in the raigne of the Sultans, to serue and beare armes: who therefore enioyed most great priuileges. Yet other people haue divided genter---e from warre, neither have therefore reputed any one to be a gentleman, for that he was a souldiour: unto which opinion all the greatest lawyers together with Plato have almost with one voice consented. And albeit that the Romans farre exceeded all other people in martiall honour, and bestowed the greatest priuileges uppon souldiours: yet for all that they bound not gentrie unto martiall seruice: seeing that it was lawfull for the Libertines or manumised men to serue in the warres, and that men for the filthinesse of their lives, and iudgements, therefore upon them passed, infamous, who were therefore embarred from all honours, had yet no exemption from the warres.

But forasmuch as all citisens after they had taken upon them the manlike atttire, were bound to beare arms, so by that reason al the citisens should have bin therby ennobled, which were a thing absurd: for were all the citisens noble, none of them were indeed in that vulgaritie of nobilitie to be accounted at all noble. Wherefore Lucius Siccius Dentatus is of Dionysius Halicarnasseus, called a common and ordinarie man, whose speech against them of the nobilitie and gentrie is yet at this present extant:

Wherein he boasteth himselfe to have bene in pay fortie yeares in the seruice of his [*](Lucius Sicius Dentatus, a most worthie and Famous souldiour, and yet not therfore accounted any gentleman.) countrey, to have fought in an hundred and twentie set battels, to have receiued 45 wounds, and twelue of them in one day, all of them in the fore part of his bodie: and in token of his good seruice, to haue receiued fourteene Ciuic or oken crowns (the honourable rewards due unto him that had saued so many citisens) three others the rewards of his good seruice done in the besieging of townes, fourescore and three gold chaynes, an hundred and threescore bracelets of gold, ten faire launces, and thirtie five faire furnitures for horses. And yet this so worthy & valiant a man, adorned with so many trophies in reward of his valour, was by the Roman lawes no more but as a common person. For they accounted him first a gentleman, that was the sonne of a new raised man: and him they called a new man, who was the first in his familie that [*](Whom the Romaines first accounted a gentleman.) had borne some honourable charge or office, and so had power to erect unto himselfe his statue or image; such as were Caius Marius, and M Tullius Cicero of Arpine, both of them beeing but new men. Of whome the one beeing first made Quaestor, and then Aedilis, and afterwards Pretor, at last came to bee Consull; who in the time of his Consulship, in an oration which hee made unto the people, boasting therein of his newnesse, thus said, Ego nou---s homo primus omnium claustra nobilitatis refregi, &c. I beeing but a new man, was of all others the first which brake open the barres of nobilitie. The other hauing beene seuen times Consull, in an oration which he made against the nobilitie, said, Contemnunt nouitatem meam, ego illorum ignauiam: mihi fortuna, illis probr a obiectantur. Quod si me iure despiciunt, faciant idem maioribus suis, quibus vti mihi nobilitas ex virtute caepit. Nunc videte quàm iniqui sunt: quod ex aliena virtute sibi arrogant, id mihi ex mea non concedunt: scilicet quia imagines non habeo, & noua nobilit as est, quam perperisse melius est, quàm acceptam corrupiss---, They contemne (saith he) my newnesse, I their cowardise: my fortune is to mee obiected, but unto them their vices. But if they therefore of right contemne and despise me, let them so also doe their owne auncestours, whose nobilitie begun of their owne vertues, as doth mine. Now but see how partiall they are in their owne cause; that honour which they arrogat unto themselves by other mens vertues, that they will not graunt vnto me for mine owne: and all forsooth, because I have no images of mine auncestours to show, and for that my nobilitie is but new, which yet is better for me to have of my selfe raised, than hauing receiued it from mine auncestors, to have my self stained the same. For Cicero had six competitors in his Consulship, wherof two were noble men, two other of them were the first of their familie which had borne office, onely Cicero himselfe was a gentleman borne: whose father, as also the father of Marius, of Cato the Censor, of Q. Pompeius, of Curius, of Philo, and of Genutius, were all base persons of the comminaltie, but yet their sonnes were accounted of as new men[*](The Patritij who they were in Rome.) and gentlemen. But such as were descended from the Senators, by Romulus in the beginning of his raigne appointed, or from them which were afterwards by the Consull Publius Valerius ioyned unto them, were called Patricij (as hauing their beginning from the Senators, whome they called Patres) all the rest were common men, or else men of some better note, whome they called Equites, or Gentlemen; who were in the middest[*](The Equites or gentlemen in Rome what place they held▪) betwixt the Senators & the cōmon people, being partly dissended from the Senators, and part of them risen out of the communaltie: who if any of them were chosen into the Senat, they were no more to be accounted amongst those Equites or gentlemen: as is to be seene by Lucius & Nero the Censors, who yet seruing upon publike horses, were one of them by the other commaunded to sell them: for after the ouerthrow by the Romans receiued from the Veians, the gentlemen began to serue upon horses prouided for them of the publike charge. Now I find that there were of the Patrician Families in Rome, about fortie: but of such as by their valour left nobilitie to their posteritie [*](The Patritian families in Rome: Sylia, Pomplia, Ptitia, Maria, Hostilia, Tulla, Tarqu, Fabia, Antonia, Iunia, Sergia, Iulia, Gegania, Matia, Aemylia, Choelia, Valeria, Horatia, Posthmia, Meneia, Virginia, Sulpitia, Furia, Lucretia, Quinctia, Papiria, Claudia, Serilia, Cormlia, Manilia, Cassia, Aebutia, Pinaria, Vturia, Sempronia, Mutia, Aquila, Quintilia, Hortensia.) in Ciceroes time scarcely thirtie: of which families, or houses, seuen were of the same name with the Patricij, viz. Pompilia, Martia, Tullia, Iunia, Mutia, Claudia, and Sempronia. And for that the entrance and way unto the honourable preferments in the state, before the law Canuleia, was kept shut up and stopped by the Pratricij (or them that were of the Senators descended) against the common and vulgar sort of the people; and yet for all that none of these Patricij was accounted noble, except some of their auncestors had borne the honourable offices of the state: many of the Patricij, who were descended from the Senators, and yet could not cite such their auncestors as had borne such honourable charge in the estate, (which was well to be vnderstood by their statues or images) were accounted of as of men of base & low degree. So it came to passe, after the law Canuleia was made, that some euen of the common sort of the people became noble, and some of the Patricij vnnoble, that is to say, obscure and vnknowne. As Marcus Aemylius Scaurus, a man descended of the Senators rase, had his auncestours base and obscure men: whereas he himselfe being but a new man, came to be Pretor, Consull, and Censor, and at last being made chiefe of the Senat, raised nobilitie[*](The noble Families in Rome. Licinia, Aurelia, Decia, Caecilia, Aelia, Domiia, Cladia, Mtia, Prlia, Curia, Fabritia, Cocania, Acilia, Maria, Pompeia, Liuia, Iunia. Tullia, Fuluia, Sempronia, Atilia, Calpurnia, Marcia, Pompilia, Luctatia, Platia.) to all his posteritie. Wherfore the Roman nobilitie lay in the voyces and iudgement of the people, which as they thought best, bestowed the honourable preferments in the estate and Commonweale. Yet was it an absurd and most vnreasonable thing, that any most wicked murtherer and manquellar, were he neuer so basely borne, might by the benefit of bearing of some great place or office in the estate, leaue nobilitie unto his posteritie: whereas he which excelled in wisedome, iustice, fortitude, and temperance, and so in all other vertues, godlinesse, and learning, yea and was descended also of the Senators race, if he could not show his auncestors statues, was euen therefore accounted but as base and obscure. For such is the force of this word Ignobilis with the Latines, which in the selfe same sense is of the Greekes called ---, and ---; that is to say, such as either by some foule or notable fact or deed done, came into the knowledge of men: which is yet oftentimes taken in the better part, for they which are called ---, refer it unto the honor of their house & stock: which amongst the Romans did especially appeare amongst the Patricij or posteritie of the antient Senators: which for that they were almost dead and worne out, Caius Caesar by the law Cassia, and after that Augustus by the law Seruia, chose many of the more noble families into the order of the Patricij. For before the law Canuleia it was lawfull onely for the Patricij to be bishops and priests, and for them alone to make sacrifices, and to keep the Auspicia or diuine obseruations. But after that Genutius (first Consull that was made of the people) was in battell with the great slaughter of his armie under his conduct ouerthrowne, Patres non tam publica calamitate maesti, quàm feroces infoelicis Consulis plebei ductu, fremunt, omnibus locis, irent, crearent Consulem explebe, transferrent auspicia quo nefas esset, The fathers (as saith Liuie) not so heauie for the publike calamitie, as become insolent with the euil conduct of the vnfortunat Consull chosen from amongst the people, murmured and fretted in all places, that they should go and againe create a Consull of the people; and thither to translate the Auspicia or diuinations, whither it was not lawfull for them so to doe. And Appius Claudius the Consull, before that answered one of the Tribunes, asking him in an assembly of the people, Why one of the Consuls might not be chosen out of the people? Because (said he) none of the vulgar and common sort of the people can hold the Auspicia or diuinations; and that therefore the Decemuiri had appointed a certaine order of mariage, least the sacred diuinations should have bene polluted with persons vncertainly descended. At which answere, the people was with indignation exceedingly enraged, to heare it denied them to hold the diuinations, as if they were unto the immortall gods, more hatefull than others. And albeit that the people at length had all things common with the Senators, viz. honours, commaunds, iudgements, diuinations, cures, priesthoods, councels, powers, statues, triumphs, and all other the greatest preferments in the Commonweale; yet could it neuer be obtained, that any one of the common sort of the people, should nominat the Interrex, or pronounce who should be the Archpriest, the Priest of Mars, or of Romulus: or yet be chosen into the colledge of the Salij. But as a statue or image[*](Certaine honors in Rome neuer communicated unto the people.) was among the Romans the signe of nobilitie obtained: so in antiēt time with vs arms, with Cognisances set over them, were the tokens of nobilitie. Lawfull it hath alwaies bene, and so still will be, for euerie man to deuise unto himselfe his Cognisance to bee[*](Statues the signe of nobilitie amonge the Romaines: as are armes with vs.) known by, but yet not to vsurpe the Cognisances, or beare the armes of other noble families. But the antient Grecians deemed not of nobility by the obtaining & bearing of great offices; which euerie man among the Athenians (after the law of Aristides, and the seditious declamations of Ephialtis) might by lot, and few by voyces obtaine: but[*](How the auntient Graetians demed their nobilitie.) nobilitie with them was still to be deriued from the stock of their kings, or race of their great worthies, as from the Heraclide, the Aeacidae, or Cecropidae, or from such other like: or else from such, as who for the worthie acts, either by themselves, or by their auncestours done, had by the generall good liking, and publike decree of the people, and of the nobilitie, with commendation obtained a crowne of gold, extraordinarie priuileges, statues, to sit in the highest places, or to have their diet allowed them in the Prytanaeo, or other like publike places: Such as is that decree of the Athenians (whereof Plutarch [*](The Ptaneion was a place in Athens, wherein the iudges and magistrats sate to consult of the great matters of state.) writeth) concerning Lycurgus the sonne of Lycophron, It pleased the people of Athens (saith he) that requitall should bee made unto such as had well deserued of the state, as to praise Lycurgus the sonne of Lycophron for his vertue and iustice sake: and in the honor of him to erect a brasen Statue for him in the market place, except in such place as where the law forbiddeth any statue to be erected, and diet in the Prytanaeo to be for euer allowed unto the eldest of the posteritie of Lycurgus. So in like maner Isaeus the orator writeth publique diet, the first places, and priuileges, to haue bene graunted unto the posteritie of Harmodius the tyrant queller. Which thing Aristotle reporteth to hane bene a thing common unto all the cities of Graece, to allow diet of the publique[*](The lenitie of the graetians in bestowing their honors.) charge unto the children of such as had valiantly dyed for their countrie. Howbeit that the Grecians with too much lenitie (should I say) or rather leuitie erected statues for such as had of them well deserued, which they uppon the least displeasure againe cast downe, and that with greater despite than they had with honor before set them up. So when the Athenians had appointed 365 statues to be set up in euerie place of the citie in honor of Demetrius Phalereus, they againe in a moment caused them all to bee cast downe: & not yet so contented brake them also with such furie, as that no fragment of them was left, except that onely which was kept fast shut up in the tower of Pallas.

Amongst the Hebrewes were two sorts of noble men; the one descended from the[*](The nobilitie of the Iewes: in whom it especially rested.) stock of Aaron, who only were priests: the other from the stock of the kings. For why, that nation wisely reposing their chief felicitie in the sinceritie of their religion, and the true worshipping of God, so likewise deemed their priests, which came neerest unto the power of the immortall God, to be of all others most noble. Yea God himselfe had an especiall regard in making choice of Aaron, & in establishing of him after the most grieuous reuolts & miserie of his people. And therefore as often as he cōmandeth extreame destruction to be denounced & threatned unto his people, he oftentimes doubleth that ---, which is to say, That the state of the priest and of the common person, should bee all one. And therefore when the Iewes had cast off from the seruile yoke of Antiochus the Noble: the Familie of the Aesmonaeans being of the stocke of Aaron, held the high priesthood, together with the kingdome about two hundred yeres,

that is to say, euen unto the raigne of Herod the Great. Wherein the Hebrewes did well: for if great offices in Rome, got oft times by corruption and briberie, left nobilitie unto their posteritie which had so got them: what let is there why the priesthood of the eternall God, should not much more also ennoble men, especially if we measure[*](Priesthood honorable.) nobilitie by the places men hold, and not by their persons. Truely all the best learned lawyers are of opinion, That the priestly dignitie is to be preferred before all other honours and vocations: and that the ministers of diuine things, & moderators of the most sacred rites, are not to be accounted among the nūber of the vulgar & common people:[*](The most auntient kings to have bene also preists.) which is no new or strange opinion, but drawn & deriued euen from the most antient antiquitie. For the most antiēt kings, to make their roial power the more reuerend and stately, exercised also the priestly dignitie. Neither did the Greeks only, but the Roman kings also, yea and the greatest emperors themselves, stile themselves high Priests or Bishops, whome the chiefe Arabian princes being also bishops, seeme therein to have followed. And so the Christian kings beeing by their religion forbidden to mingle prophane things with sacred or armes with religions; yet tooke that which was next; that is to say, in preferring a sacred, order of the Clergie, not only before the common and vulgar sort of the people, but before the Senators, yea and not before them alone, but euen before dukes, earles, and other magistrats whatsoeuer: giuing unto them the highest roomes, and first places next unto the kings themselves, in all assemblies, councels, enacting of lawes, and graunting of liberties and priuileges. And why not? when as the most antient people of the Celtes, accounted their Druides, who were the princes of their religion and iudgements, superiours not unto the common sort of the people onely, but euen unto their captaines and rulers also. For which cause Caesar in recounting of their degrees, first reckoneth up the Druides, then their knights or horsmen, and after them the common people. For the order of knights in the time of their auncestors, with a most strong power of horsemen excelled all people; as witnesseth Caesar himselfe, as also Marcus Antonius: so that therefore I suppose them to haue[*](The great honor the Turkish and Arabian princes do unto their Musties or high preists.) bene called ---; for the Greeks call him ---, whome the Latines called Sellarium, and we an horseman. We said before the Turkish and Arabian princes yet in all their kingdomes and empires, to honour and obserue their Mufties, or high Bishops, with the greatest honour and respect possibly to bee giuen unto them, still referring unto them the greatest and most doubtful questions of their law, to be by them decided. Yet the Venetians vse to exclude their priests from their councels, from all[*](The order of the Venetian Commonweale.) places of commaund, and from all offices, least haply they should bewray the secrets of the citie unto the pope, to whome they are by dutie & oath bound. Wherfore among[*](The Florentine how they divided their citisens) the Venetians, the order of the Senators is first and chiefe of all others, for that in it is the soueraigne power of that state: next unto the Senators follow the gentlemen, who are not accounted of the number of the Senators▪ and last of all the c---mmoners, who yet are both by one name called Citadinia, or Citisens. But the Florentines before that all was swayed by one mans commaund, divided not onely the nobilitie from the clergie, but euen from the common people also; and the common people they divided againe into three sorts, of whome such as exceeded in wealth were called the Great ones, others of meaner wealth were called Popular Commoners, and they of the third sort, the refuce of the whole people. The auntient Aegyptians much better divided[*](The auntients, Egiptians how they divided their citisens.) their whole multitude of citisens, into Priests, Souldiours, and Labourers: setting the Priests and Souldiours, whome they called Calasyri, free from all taxes and payments. Hyppodamus, who gaue lawes unto the Melesians, did a little otherwise diuide the people into Souldiours, Artificers, and Husbandmen: whose writings Aristotle seemeth either not to have well vnderstood, or else not so wisely reproued, as is euidently to be gathered of those fragments which are yet to be seene extant in Stobaeus. I know not also how it came into Plato his mind, that hauing made a diuision of his citisens into Keepers, Souldiors, and Husbandmen, he separateth the Souldiors (under whose bucklers and defence the citisens ought to rest) I know not how, from keepers. But in briefe, he would have the keepers of his Commonweale to excell all others in wisedome and experience: and so to rule over them, without any respect to bee had either to the honour of their dissent, or to the greatnesse of their wealth or substance. Truely it was wisely so set downe by that most wise man: who although he were himselfe descended of the most auntient stocke of the Senators, and deriued his pedegree by the mothers side euen from Solon himselfe, the Athenian law-giuer, vet thought the true glorie of nobilitie and soueraigntie to consist in vertue onely: Which thing Euripides had before also wittily said, ---. Wherefore let vs measure true nobilitie by vertue, for that therein not onely Philosophers and Diuines, but also Poets, Historiographers, and almost[*](True nobilitie to be measured by vertue.) all lawyers, do with one consent in mine opinion agree, denying any place to bee left for nobilitie without honestie. And two things propounded, to wit, Noble discent, & Vertue, they have decreed, That the more higher & more honorable place is to bee giuen[*](The knowledge of secret and most excellent things, the second cause of nobilitie.) unto vertue, whether question be of bearing of rule, or of honour, or concerning the grauitie and weight of their testimonies and witnesse. The next cause of nobilitie unto vertue, many have appointed to be the knowledge of hidden and most excellent things, whome they which haue attained therunto, the law it self expresly calleth most noble▪ whom (saith the law) Knowledge maketh most noble: or els as Cassiodorus saith, ex obscuro nobilem efficit doctrina, Learning maketh of an obscure man a gentleman. But then how much more noble is he than both of them, whome morall vertue concurring[*](Integritie to be preferred before knowledge.) with the vertues of the mind and knowledge, hath together ---obled? But yet if integritie be divided from such knowledge of most secret and most excellent things, the prioritie in this case is of right to be giuen unto integritie and vertue: except in such vocations and callings, as wherein such excellent knowledge is of necessitie required: For why, it is better and more agreeing with reason, to have a Generall skilfull in martiall affaires, although he be otherwise a naughtie man to gouerne an armie, than a good man which is no souldiour at all: but of these things more shall in due place be said.

But yet that which Plato setteth downe, That they which are but obscurely borne,[*](Vertue ioyned▪ with noble discent to be preferred before nobilitie for vertue only.) excelling in vertues, are to be preferred before them which are nobly descended, excelling also in the same vertues with them; seemeth to me a thing verie absurd and vnreasonable. And truely these two things thus propounded, it is right that some regard should be had of the vertue and nobilitie of a mans auncestours, and on that opinion the Lawiers have alwaies been, whether question be for the obtaining of honours, or for the taking of places in solemne assemblies & meetings, That they are stil to be preferred, which both for their owne vertues and the nobilitie of their auncestours together, are to be cōmended. But he whom the prince hath made noble, although he be not of any account or worth, either for his own vertue, or for the vertues of his auncestors,[*](Ciuil nobilitie by the prince vnworthily bestowed, no true nobilitie.) or for his learning & knowledge: yet by the consent of all the Lawyers he is to be accounted in the ranke and order of the Nobilitie. And therefore Plinie writing to Traian said: Caesaris esse vt nobiles efficeret ac tueretur, That it was the Emperors part to make noble men, & also to defend thē. But this nobilitie Bartholus, not vnfitly hath called Ciuil nobilitie; declaring therby them to have so gotten a certein counterfeit kind of nobilitie in the opinion of men, but yet indeed to have no part of the honor of true nobilitie, without vertue. Wherefore let vs graunt them to inioy the fruits of such their civill nobilitie, unto whō they are so by the princes gift & grant conferred▪ whether that such

their nobilitie be for money or reward, or for the pryme of their youth, or for some other their most foule and filthy seruices, by the princes bestowed upon them. But to bestow such nobility belongeth onely to them which have the power in soueraigntie: and to them also whome Bartholus writeth to have but the principalitie, especially if they be subiect unto the commaund of superiour princes, or have fellowes or companions in their government: who cannot so much as make a man base borne to bee legitimate. Much lesse true it is, that some have written, the minions and domesticall attendants of princes to be therefore become noble: for albeit that they thereby enioy certaine priuileges and exemptions from other seruices, yet are they not therefore to be accounted noble, except they have borne the greater and more honorable offices and places of commaund.

Yet question is, and I see it to have often times beene before demaunded, whether[*](Whether an honorable fe, make a man noble or no▪) he which by some chaunce or casualtie hath obtained some great place of seruice, or other fee, be thereby made noble? which I see to have so pleased many, so that an honorable power and commaund be knit and ioined to such fee; such as are those of Dukes, Counties, and Marquesses, or that the title of nobilitie be by the soueraigne Prince expresly set downe in the charters and graunts of homage and fealtie, and so giuen unto the things themselves, and the professors thereof. And hereof rise that beginning of noble and vnnoble fees. But by the custome of our countrie, wherein fees are deemed by of the same right and nature that other lands and possessions be: as concerning[*](Nobilitie not to depend of lands or fees.) the right of the persons that had them, the Artificer which by inheritance, or by purchase possesseth a Dukedome, is nothing therefore the more noble, then if he possessed other tributarie lands: For why it seemed unto our auncestours an absurd thing, out of the right of the land to fish out that honour which they otherwise had not▪ and the persons themselves to giue place unto the things as a picture unto the table where on it is painted, and much more indignitie that the right of nobilitie should be[*](Of vertue and nobilitie do trafique is to be made.) so bought and sold. For of two of the greatest things, namely, of Vertue, and of Nobilitie, as Euripides plainly witnesseth no trafique is to be made, ---.

Wherefore seeing that by our customes, aswell as by the customes of the Germans, the Spanyards, the Brittons, and Italians, all these fees, whether it please you to tearme them priuileges or seruices by chaunce obtained are to be bought and sold, who can of right thinke himselfe any whit the more noble for the hauing of such mercenarie things? And yet it is lawfull for every most base Cobler hauing got such fee, to create his vassals to hold of him; as it is also for every most honorable person to receiue his owne base vassall. Whereby it appeareth, that wealth and riches be they neuer so great, can neither get nor bring forth any true nobilitie at all. Howbeit that[*](Wealth & riches be they neuer so great to bring forth no true nobilitie.) Euripides bringeth in a person according to the opinion of the common people thus speaking: ---, Nobilitie is in riches. And in Aulide: ---.

And yet we read not onely the vulgar add common sort of men, but euen * Aristotle [*](Lib. 4. poli. ) also himselfe to have placed the first degree of nobilitie in wealth; the second in honorable discent; and the third in vertue, placing that last which should have beene in order first. Solon also in like maner made choice of the Citisens of Athens by their wealth and riches, unto honors and places of commaund: the cause whereof we will in due place declare. Which opinion hath taken so deepe roote, that many thinke wealth, riches, and great substance, not onely to beget nobilitie, but that all the glorie of nobilitie is by pouertie & want of wealth quite extinguished and blotted out, howbeit that they which so say are themselves but men of small authoritie and credite.

Truely Augustus the emperour supplied the wants of the poorer sort of the Senators, lest that most honorable order should have beene with pouertie oppressed. But Bartholus hath expresly written, True nobilitie to be neither got by wealth, nor lost by pouertie. Neither did M. Aemylius Scaurus deeme the honour of his house to be taken[*](True nobilitie to by neither got by wealth, not lost by pouertie.) from him by his pouertie: yea the nobilitie and glorie of his familie delivered him from the power of his most gratious and mightie accusors. Now then if there be a most shamefull villaine, and thereto rich withall; shall he therefore be in degree superiour unto the honest poorer sort? men I thinke will not so say: then how much lesse ought we to iudge murtherers and men polluted with all kind of villanies, because they abound with wealth to be therefore the more noble? For why the Romans alwaies divided wealth from nobilitie, for so Tacitus reporteth of Cassius and Syllanus, the one of whom saith he excelled in auntient wealth, & the other in the honour of his auncestours. And so Cicero called Rossius for nobility and wealth the chiefe man of the towne wherein he dwelt. Wherefore our kings at such time as they, troubled with warres and pressed with want of coyne, had set nobilitie to sale, and that many men for their bad lives infamous, were yet for their money become noble▪ the Prince by a law made, declared none of them to be therefore so to be deemed noble, but that he might still be accounted amongst the number of the meaner sort, and beare offices amongst them. For what can be more absurd or pernitious, than to measure reputation by gaine, degree by money, and nobilitie by wealth? whereas these things often times by theft and robberie, or immoderat lauash prodigalitie of tyrants are bestowed upon every bad fellow, or by some other chaunce, (although in truth nothing be by chaunce done) or fortunes frailtie (whereof they be called the goodes of fortune) giuen unto men, and so also againe from them taken. Whereas honestie doth in nothing participate with fortune, nor the true possession of vertue and nobilitie can by theft be taken away, nor by fire be consumed, nor by the inundation of waters drowned, nor by any other force extinguished. But for asmuch as we are for the most part led by the vaine opinion and popular errours of men, whereof both all publike and priuat lawes consist; it hath also preuailed, that hee which hath either by the Princes graunt, or by his owne▪ vertue, or wealth, or learning, or seruice in warres obtained nobilitie, may of right transferre the same not onely unto his posteritie, but euen unto them also whom he hath adopted. And that contrarie to the decrees as well of the Diuines, as of the Philosophers: Whereby it is sufficiently vnderstood all sorts of men to have had their beginning from the rotten earth, as it is said, ---. But it is one thing to reason of degrees and dignities in the assemblie of wise men; and another thing to doe it in the presence of the vulgar sort, and scumme of the people. And yet neuerthelesse it not onely is, but alwaies also hath beene a thing both honest and necessarie, for every man to yeeld and consent unto the Lawes and customes of his owne citie and countrie. And yet for all that some would not that the vertues, deserts, and honour[*](How farre the honor of the auncestours should extend unto their posteritie.) of the Grandfathers should be extended farther then unto their Nephues sonnes, and that also unto such as were of themselves lawfully descended, and not unto their bastards or base borne. True it is, that by the customes of the Turkes, every mans degree & reputation is esteemed by his owne worth and vertue, neither doth the grandfathers valour or nobilitie reach farther then their nephues: wherein they doe also[*](A good custome of the Turkes, whose reputation still dependeth of their owne worth and vertue, and not of their auncestours.) wisely, to the intent that every one of them should endeuour themselves by their owne vertues to renew the declyning honour of their stocke and kinred; being otherwise, to be accounted in the number of the base and common sort of people. Howbeit that by our depraued and corrupt manners, the farther that a man is in discent or degree from the vertue of his auncestors, from whom he tooke the beginning of his honour, the more noble he is therefore reputed: neither if he shall by all manner of villanies, or loosenes of life dishonest himselfe, doth he therefore loose his degree or honour, except hee be in publique iudgement noted with infamie: in which case although hee leaue his lewde life and the companie of wicked men, and ioine himselfe with the good, yet shall he not againe recover his nobilitie▪ so by iudgement once lost, but by the Princes restoring of him, and by speciall rescript. And as hee himselfe from his auncestours receiued nobilitie, so doth he also unto his posteritie deriue the note of infamie, whether he were by right or wrong condemned: for that a thing by iudgement passed, is still accounted to be indeed a thing true. And what maruell? seing that[*](Noble men by exercising of base trades, to loose their nobilitie thereby.) he which exerciseth base trades, and not beseeming a noble man, is euen without any such publique iudgement to be thrust into the order of common persons. But which be such base trades is an high question, by reason of the diuers Lawes of diuers nations, in that point one of them most vnlike another. Herodotus writeth, That in his time they were by the customes of all people accounted base, which vsed handycraftes:[*](Handycrafts accounted base trades.) of which opinion we read Xenophon also to have beene, who yet yeeldeth a reason thereof not beseeming a philosopher; as forsooth that men of such occupations were still busied, and led a close and sedentarie life: for what can bee more painfull or troublesome than the Generalls life? or more close and sedentarie than the judges calling? And yet what can bee more glorious or more noble than they both are in every Citie and Commonweale? But Aristotle said better, who writ all Mechanicall[*](Handycrafts men why hey commonly are basely minded.) or handiecraftes men in the cities of Graece to haue beene still kept from councell, from all commaund, and honours: for that they beeing mercenarie men, and to be hired for wages, had quite lost the strength and power of a noble and heroicall minde. And truely the * Master of wisedome it selfe repelleth husbandmen,[*](Eccles. cap. 38.) Smithes, Potters▪ Image makers, and such other handycrafts men from bearing of authoritie and rule, from honors, and from taking places with the judges. Lycurgus [*](The Lacedemonian and Roman citisens by Lycurgus and Romulus their lawgiuers forbidden to exercise mechanicall or handycrafts.) also and Romulus seperated their citisens farre from all handycrafts; yet Romulus permitted his citisens to vse husbandrie, and to beare armes: whereas Lycurgus gaue his leaue onely to exercise armes. And to the end it may be the lesse doubted of, Dionysius Halycarnasseus repeating the same thing saith: Hoc lustro, qui puberes essent supra centum millia censa: mulierum autem, seruorum, mercatorum, artesque sordidas exercentium (siquidem Romanorum nemini cauponariam artem, aut vlla opificia tractare licet) triplo plus quàm turbae ciuilis, In this view were mustered of them that were fourteene yeare old, aboue an hundred thousand: but of women, seruants, marchants, & such as used base occupations and trades, (for why it is not lawfull for any Roman to keepe a Tauerne, or to exercise any other handicraft) were reckned three times moe than there were of the ciuiler sort or citisens. Yet some there be which think Numa Pompilius to have derogated from the law of Romulus, seeing that he appointed Colleges or Companies of artificers, as if they might not have beene made of straungers, or of slaues. Which seemeth to be also confirmed by that which Cicero said, Many to have beene in Catilins conspiracie, which flockt together about the Tauernes, in hope that the minds of the needie might for money be moued to take his part. And by that also, that the Tribunes of the people had by the companie and rout of the Artificers, wonted to guard themselves against the insolencie of the Consuls. But against these repugneth that which Dionysius Halycarnasseus writeth, viz. that in the seauenth view were mustered an hundred thousand citisens, beside artificers: By which words it is manifest, that Numa derogated not from Romulus his law, for asmuch as king Seruius, the third from Numa, was the first that so viewed or mustered the people. Neither doth that which is alleaged conuince them to have bene citisens whom the Tribunes or seditious citisens stirred up to rebellion, seeing that very slaues in like case were often times called vnto libertie: as we read they sometimes were by C. Cinna. Cicero also thus speaketh of the Artificers, whom the conspirators with Catiline stirred up to rebellion: Etenim omne eorum instrumentum, omnis opera, ac quaestus, frequentia ciuium sustinetur, alitur otio, For (saith he) all their instruments and tooles, all their worke and gaine, is maintained[*](Al Romaine Citisens bound to beare armes.) by the multitude of Citisens, and with quietnesse nourished. Now it were verie improperlie said, artificers to be maintained by the multitude of citisens, if they themselves had bene also citisens. But by the Martiall law of the Romans, the citisens after[*](Toga virilis or the mans gowne was by the Romaine citisens worne, when they were come to be seauenteene yeare olde.) they had begun once to weare the *mans gowne, were compelled to serue in the wars vntill they were five and fiftie yeares old. Neither was there any way for a citisen of Rome to attaine unto any honor, except he had serued in the warres ten yeares: For which cause it is by Liuie reported, two thousand of the citisens to haue beene openly sold, for that they had not for foure yeares space serued in the warres; which could by no meanes have bene done unto artificers: whom Liuie also in one place writeth, to have beene men altogether vnfit for the warres. That testimonie of Cicero is in this point also of more waight: Illiberales sunt & sordidi quaestus mercinariorum omnium, quorum opera non quorum artes emuntur, est enim in illis ipsa merces autor amentum seruitutis, The gaines (saith he) of all mercinarie men are seruile and base, whose works and not whose skill are of men bought, for in them their verie wares is the earnest penie of their slauerie. But where he speaketh of the Roman citisens indeed, he neither thinketh nor writeth any thing of them which is contemptible or base, or that soundeth not unto their reputation and honour. Whereby it is to bee vnderstood[*](The base regard that was had in Rome of artificers and men of occupation.) Artificers and men of occupation in Rome, to have beene either slaues, or straungers, and men of most base and lowe estate and condition: or if that by manumission they were become citisens of Rome, yet they were therefore but in the number of Libertines, hauing as it were in some sort lost the right of the citisens of Rome, no otherwise then Noble men with vs, which have giuen themselves to base and gainfull occupations or trades, who as they have thereby left their nobilitie: so have they also lost their degrees and places: except they have therefore obtayned pardon of our Prince, as that enforced with necessitie, they have so intermedled in such base trades. [*](Whether to vse the trade of marchandize be against a mans credit and reputation or not?)

Howbeit concerning the trade of marchandize, it is not well agreed upon betwixt the Lawiers and the auntient writers amongst themselves, whether it be repugnant unto a mans credit and reputation or not. We read that by the Tribunall law Claudia, it was forbidden the Senatours to have any greater ship at Sea, then of the burthen[*](Amphoras, the Romaine measure is more then our bushel by 16 pound waight.) of three hundred Amphoras, and that also for the carrying of the fruits of their landes: Quaestus omnis (saith Liuie) patribus indecorus visus, All gayning by trade (saith he) seemed vnto the Senatours vnseemely. Which law Hortensius said to be in his time dead: as in Cicero we read: Whereby it is yet to bee gathered, that not onely to have beene lawfull for the rest of the citisens to doe, every mans credit and reputation saued whole: But also euen the Senators themselves, not to have altogether abstained from the trade of marchandize, or at least wise to have had their factors; as wee see the manner is for the Venetian, Spanish, and English gentlemen to haue. And that it was lawfull for the Romaine knights or gentlemen to vse the trade of marchandize, or at least wise that it was not altogether forbidden them, is to be proued[*](The Romaine knights and gentlemen to have used the trade of marchandize.) by that which Cicero saith against Verres: Lucius Praetius splendidissimus Eques Romanus qui Panormi negotiatur, Lucius Praetius a most worthie Romaine knight, which doth trade at Panormo. And in another place: Q. Mutius Eques Romanus qui Syracusis, Q. Mutius a Romaine knight who tradeth at Syracusa. Much lesse

therefore was the trade of marchandise forbidden the common sort of men. And yet although by the old custome of the Romans, it was no shame for the citisens to trade marchandise: (yet I say) it seemeth not for all that to have bene altogether lawful for them so to doe: as is to be proued out of Dionysius Halycarnasseus, who writeth aboue an hundred thousand citisens to haue bene cessed: but of women, and marchants, and others of base trades, three times as many as of the citisens: whereby hee seemeth to have exempted marchants out of the number of the Roman citisens.

Neither do we see that to have bene the manner and fashion of the Romans only,[*](The better sorte of citisens in diuers commonweales forbidden to deale in the trade of marchandize.) but of the Lacedemonians and Thebans also. Howbeit that the vse of gold and siluer, being taken from the Lacedemonians, there was no place left for marchandise: yet was it Lycurgus his pleasure, by an especiall law more solemnly to prouide therefore. As for the Theban citisens, it was not otherwise lawfull for them either to sue for the magistracies, or honourable offices of the Commonweale, or to accept thereof beeing offered them, except they had full ten yeares before abstained from the trade of marchandise. And at length by the imperiall lawes all entrance vnto honors, and places of commaund were shut up unto the order of marchants: and not that onely, but euen to deale in the trade of marchandise was aswell forbidden the nobilitie, as to intermeddle with martiall affaires was forbidden marchants. By which lawes the trade of marchandise seemeth unto many either base▪ or not verie honest or commendable. Truely Plato, Aristotle, Apollonius, Thyaneus, say, The trade of marchandise to bee an enemie unto vertue. Yea the law of God seemeth also to have restrained the holy people from the trade of marchandise, in these words, Non erit mercator in populo tuo, [*](The people of God forbid to be marchants.) There shall be no marchant in thy people: that is to say, ---, which word improperly signifieth a deceiuer, but more properly a marchant: for ---, is properly to buy & sell; and in that sence it is almost alwaies vsed. For that diuine law which forbad the people, but not straungers, to commit vsurie, seemeth also to have forbidden to buy any thing, to sell the same thing the deerer unto a naturall Israelite. Wherunto agreeth that which he the * Prince of wisdome writeth, Mercatorem manus a scelere puras vix [*](Eccles. 24. Ezech chap. 82) habiturum, A marchant hardly to have his hands cleane from wickednesse. Wherefore the * Prophets most often, and the interpretours of holy scripture, more often doe[*](Chrysost. Homil▪ 21. in Mateum. ) so detest the trade of marchants, as that * Chrysostome not obscurely or doubtfully, but euen plainely denieth, That marchants can please God, by reason of their lies, periuries, and deceits, and for that they are still prone unto vnhonest gaine, as Vlpian the lawyer writeth.

Yet of that we are to he warned, that whereas the immortall God forbid his people (whome he by a singular right and choice had consecrated unto himselfe) to trade in marchandise: belongeth not to other people in like manner also; for that he would have this his people to excell all others in puritie and integritie of life. For why, marchandise is not onely unto cities profitable, but honest also; and not onely honest, but also necessarie. For what if a citie be built in such a barren soile, or situat in such a place,[*](The trade of marchandize both honest and necessarie.) as that men cannot therin not commodiously, but euen not at all otherwise live? Such as we have heard the citie of Athens to have bene, and as our Limoge, and the German Nuremberg is: and Venice also the beautie of the Mediterranean sea. Which foure cities without traffique and the trade of marchandise had neuer bene such and so great as they were and are. Wherefore M. Tullius out of the number of marchants, or at leastwise of base men, exempteth them which exercise a plentifull and gainfull, and not a base and bare trade of marchandise, Mercatura si tenuis est, sordida putanda est, simagna & copiosa, multa vndique apportans, multisque sine vanitate impertiens, non est admodum vituperanda, The trade of marchandise (saith he) if it be small and bare, is to be accounted

also base, but if it be great and plentifull, bringing in on euerie side many commodities, and without vanitie commnnicating the same unto many, it is not much to be discommended. Whereunto I would add that of Platoes, if it bring in but such things as are necessarie, or at leastwise profitable for the citisens, and carrie out but such things as are vnprofitable, and to be spared. And therefore many lawyers say, The trade of marcandise abounding in plentie of all things, in nothing to derogat from the honour of a mans birth, his degree, or nobilitie. Which haply may be so in Italie, in England, and in Portugall, but not with vs in France, nor yet in Germany. Yet that is every where[*](The marchants trade in diuers countries diuersly reputed of.) true which Cicero writeth, Sordidos iudicari qui mercantur a mercatoribus quod eodem loco ac momento vendant, Them to be deemed but base, which buy of marchants that which they hold euen in the same place, and selfe same moment againe sell: for why, they should gaine nothing, except they should lye loudly: whereas nothing is more foule than vanitie and lying. Whersore they do wisely which forbid not only the nobility, but euen the magistrats & souldiors also to deale in the trade of marchandise, least under the colour of such traffique, a way be opened and giuen to basenesse and rapine: neither is it to be suffered, that he which cannot by himselfe, should by the help and ministerie of his seruants in that point defraud the law.

But baser than these are the buyers and sellers of things dishonest, bee they neuer so precious, and to be placed beneath handie crafts-men and laborers, or rather so much as is possible to be quite driuen our of all cities: which cannot yet altogether bee done,[*](The same thing that in one place is accounted honest or profitable in some other to be reputed dishonest or vnprofitable.) for that the law for things honest and dishonest, for things profitable and disprofitable, is not euerie where one and the same. We have heard painting and engrauing to have bene much commended and respected▪ by the estimation that the Greekes and Latines had of them. For who was more famous than Protogenes? or more glorious than Apelles? one of whose tables, which for that it was most curiously wrought, preserued the Rhodes from distruction, Demetrius besieging of it: Which table is reported to have bene esteemed at more than three hundred talents. And as Tully saith, It was giuen as a praise & commendation to Fabius, a most noble gentleman, That he was seene in painting: which yet the Hebrews account of all other occupations the basest. And by the lawes and customes of the Turkes, as of all them of the East, and of Affrike also, it is not onely a base thing, but capitall also, with the needle, pencill, or moulding, with any pictures or lineaments to shadow or draw the purtrature of any plant, or liuing creature, or of whatsoeuer thing else that nature hath created. Wee read also the profession of Physike to have bene amongst the Romans a seruile and abiect thing, and Physike it selfe to have bene excluded from the other liberall sciences; which yet for all that the Hebrewes and Greekes euer had in great estimation: and begun then to be of our countreymen regarded, when as the Arabians had first divided Surgions and Apothecaries from Physitians, vsing them but as their instruments and ministers. And albeit that Physitians be in cities to be reuerenced, yet is it not to[*](Eccles. cap. 38) be suffered them to be equall with orators and lawyers. For why, the most famous Philosophers have defined the civill and lawfull knoledge of the law, to bee the moderatour and chiefe gouernour, not of arts onely, but euen of all liberall sciences also. And Rome (as Marcus Cato witnesseth) flourished aboue six hundred yeares without Physitians: whereas no citie can without lawes, and the lawfull knowledge of the law, any small while endure or stand.

The order and vocation of Husbandmen and Grasiers, is also right commendable:[*](The vocation of husbandmen and grasiers in auntient time right commendable, and whie now lesse respected.) as they which by those two most auntient trades, have taught cities, townes, villages, and families, to releeue and maintaine themselves with things of all others most necessarie. And truly Cyrus the Greater, of nothing vaunteth so much, as of the fields set and

planted by his owne industrie and labour. Serranus, also Curius, Concinnatus, Torquatus, and Cato, men no lesse famous for their civill than their domestical prayses; were yet for that most commended, Quod attritis opere rustico manibus salutem publicam stabilirent: quaeque modo arantium boum iuga rexerant, triumphalis currus habenas retinerent, That with their hands worne with countrey labour, they established the welfare of the Commonweale: and that those hands which of late ruled the yokes of oxen at plow, now held the raines of the triumphall chariots in the citie of Rome. But these things were chiefly done in that age when as such men as had before bene Consuls were now from the plow called unto the Dictatorship. Truly of all things whereby any thing is gotten, nothing is better than husbandrie & grasing, nothing more plentiful, nothing more pleasant, and I might say also with Theophrastus, nothing better beseeming a free borne man, ---: were not these most notable arts, in seruile manner contumeliously let out unto base men, for wages hired. Now wee have said those arts to be accounted base, whose wages is the earnest penie of their slauerie: so that it ought not to seeme straunge, if that husbandmen in the fall of the Roman Commonweale were put backe from the warres. Whereof it followeth, both the orders and degrees of husbandmen (I say) and shepheards to be placed in the rank and number of labouring men. For necessitie it selfe (yea oft times against reason) enforceth the dignitie of degrees and vocations of men to be disposed of according to the lawes and customes of euerie citie and countrey.

The Hangmans office almost euerie where is deemed of all other the basest: neither [*](The hangmans office in some places respected▪ ▪Deut. 17. and 19.) by the Censors lawes was it for him lawfull to have a dwelling place within the citie: as in this our age it is not lawfull for him at Tholouse. Whereas by the lawes of the Hebrewes it was not onely honest, but necessarie also, euen the noblest of them if they had bene witnesses of capitall crimes, to be also the executioners therein. Yea and[*](The author in this custome by him reported much mistaken and deceiued.) in England the neerest kin to them that be hanged, be it their fathers, their brethren, or neerest kinsmen, the last kindnesse they can doe them, is to play the part of the hangman, and to strangle them hanging upon a low paire of gallowes. But by our customs we see gainfull rewards propounded unto this so base an office, least wee should bee at any time destitute of an office so necessarie for the cities: as we have heard say it to have long since happened in Gaunt, where the iudge for lacke of an hangman commaunded the father and the sonne, both convicted and condemned for the same offence, to cast lots which of them should be the others hangman; wherein the lot fell unto the father, who now growne verie aged, with much entreatie obtained that his sonne, as by age the stronger, and so fitter to live, might become the executioner; who without feare hanged his father: the eternall monument of which impietie and villanie (which I against my will have beholden) the Gantois suffer yet to stand in statues of brasse, and that in a publike and open place euen in the middest of the citie.

There is also in cities a great multitude of idle lazie fellowes, who neither in time of[*](Idle people to be thrust out of the citie, or elssetto worke.) peace, nor warre, have any occupations to set themselves to worke, o--- other trade to busie themselves withall: whome it is needfull either to banish out of the citie, or to keepe them in publike workes: for why, they can in no degree be placed, and so much the more, if they have nothing of their owne wherewith to maintaine that their idle life. And these kind of men Amasis king of Aegypt put to death, in like manner as if they had bene theeves and robbers. Wherein they of Paris doe much better, who thrust the strong and lustie of these idle mates into their publike workes; courteously ---eeding and curing the sicke and aged, and diligently instructing the fatherlesse and poore boyes and maids, some in learning, some in occupations, in foure diuers colleges, besides a great hospitall endowed with most faire reuenewes.

But if citisens live idle upon such goods as they haue themselves before got, or were of old left them, albeit that they lead a foule and sluggish kind of life, yet are they to be therein suffered, if it were but that they might with their wealth helpe the poore Commonweales wherein they live. But if these men feed also their mind with the contemplation of high and heauenly things, I deeme them then of all sorts of citisens the happiest, and to be placed in the highest rankes and degrees of them. But if they had rather lead an actiue than a quiet kind of life, it is much better to call them than poorer men unto honours and magistracies, if no dishonestie of life let: for that they are like to bee cleerer from briberie and corruption, than they which are pressed with pouertie and want. Wherefore in obtaining of magistracies and honours, the law commaundeth the richer sort to be oftentimes placed together with the nobler; yea and some times also to bee preferred before them, if no staine of their fore passed life let: and that is well agreeing unto the lawes and customes of the Indians, whom Plinie writeth to preferre still the best and richest man unto honours and places of commaund.

Wherefore in what order citisens are to be placed, is to be referred unto the iudgement and discretion of the masters of the ceremonies of euerie citie, for the vnliknesse of[*](How citisens are in a Monarchy to be ordered and placed.) their lawes and customes almost infinit. Yet I suppose, that citisens in a monarchie might in this order not vnaptly be placed. That next unto the king himselfe, who out of the number of the citisens, going farre before the rest should follow the holy order of the clergie: next unto the sacred order of the clergie, the Senat: after the Senat should follow the martiall men, and amongst them, first the generall of the armie, or great constable, & then the dukes, counties, marquesses, gouernors of prouinces, landgraues, burgraues, captaines of castles, vassals, and other souldiours, with such others, as uppon whome the charge of the warres, by the custome of our auncestours lieth. After them should follow the order of gowne men, which should containe the colledges of magistrats, and companies of judges, partly divided into their places, with oratours, lawyers, pleaders, aduocats, attourneies, proctors, scribes, registers, notaries, sergeants, apparitors, garders, tryers, trumpeters, gailors, and all the companie belonging to the law. Next unto whome should follow the order of physitians, surgeons, and apothecaries. And after them schoole men, such as professed to instruct the youth, or are themselves instructed; the professors (I say) of diuinitie, law, and physike, natural philosophers, mathematitians, logitians, rhetoritians, historiographers, poets, and grammarians. After the order of gowne men, I suppose are to be placed marchants, agents, farmers of the common custome, bankers, money chaungers, brokers, and especially they which have the charge for the bringing in of corne into the citie, and of such other things as are most necessarie for the feeding of the citisens, such as are the cornmungers, butchers, fishmungers, fishers, bakers, puddingmakers, cookes, unto whome we will ioyne husbandmen and grasiers; and unto these all kind and sort of handycrafts men: which for that they seeme almost innumerable, of them, they which are the most profitable, ought to have the first place, carpenters (I say) armourers, masons, metall men, coyners, gold beaters, goldsmiths, metall melters, glasse makers, smiths, bakers, potters, horners, chaundlers, weauers also, and such as deale in spinning of silke, wool, beasts, haire, flaxe, hempe, cotten wool, and such other like, whereof we see cloath, ropes, garments, hangings, sayles, and paper to be made. Next unto whome follow curriers, skinners, fullers, diers, taylors, shoomakers: unto which occupations, although printing be not for antiquitie to[*](Printers to be amongst men of occupations especially to be regarded.) be compared, yet seemeth it for the excellencie thereof, before al the rest worthily to be preferred. For as for painters, image makers, caruers, makers and sellers of womens paintings, minstrels, players, dauncers, fencers, tumblers, iesters, and bauds, are in mine opinion either to be quite driuen out of cities, or else to be placed in the lowest place of

all: so that euen bath keepers, barbers, sailers, hucksters, ostlers, coach men, carters, graue makers, sargeants, and hangmen, are to be placed before them: For that these are indeed necessarie for the carrying out of filth, and the clensing of the citisens and cities: whereas the other with their most base trades, the ministers of foule and vaine pleasures, not onely corrupt the citisens maners, but vtterly ouerthrow euen the cities themselves. But we have so described the orders of citisens, not so much that the dignitie, as the condition of euerie one of them might so the better be vnderstood.

Neither are citisens but most seldome, and that also in time of great necessitie, to bee[*](Citisens but seldome and that also upon great necessitie to be into orders divided.) in orders from other citisens divided: for that so doing may giue occasion and minister matter vnto civill sedition: when as some of them divided from other some, shall perceiue themselves to be noted also with a difference of their order and degree. Yea we said, that the citisens of one and the same trade or occupation were not in one street or quarter of the citie to be together placed: except they were by the straitnesse of the places or opportunitie of the waters they were to vse, thereto enforced; as butchers, curriers, felmungers, bath keepers: who for that they are to have the continuall vse of water for their oft washings, must have their dwellings also neere unto the riuers sides: so are also armourers, and smithes, to be placed apart by themselves from schollers and students, as for other handicrafts men, marchants, and trades men, it is good to have them separated one from another, and to be divided into euerie part of the citie, that the citisens may more commodiously vse their helpe in generall, and not in time of daunger be enforced oftentimes to runne from the furthest place of the citie to the furthest. Whereunto is to be ioyned, that citisens of the same occupation or trade, divided into diuers parts of the citie, cannot so easily conspire against the common good, or delude[*](Citisens better to be divided into three parts, than into two.) the lawes, as if they dwell together. But if assembly of all the orders and degrees of citisens, must of necessitie be made (for that degrees must needes in some sort bee distinguished from degrees, that a certaine dignitie of degrees may be kept) especiall care is to be had, that the citisens be not divided into two parts onely, and yet that in such assemblies there be not more than three degrees or places: for that contention arising betwixt two, they easily breake out into force; or else upon equall voyces breake off, and leaue the matter vndecided: when as one thing is contrarie but onely unto one, and that by nature many things cannot unto one be contrarie, but that the third must of necessitie ioyne it selfe unto the one of the two, so to reconcile them together: whereas if there be more than three parts, and in number equall, the same inconueniences doe follow (that doe of two) the euen number being easily to bee divided into two parts: but if in number vnequall the number of opinions diuers will hardly end the controuersies once moued.

It shall also be more commodious and profitable to have one oratour or speaker,[*](Whether it bee good for to have one speaker for all the degrees of citisens, or diuers.) for all the degrees of citisens together, then for diuers orders and degrees, diuers: so that it be agreed upon amongst all the degrees and orders what is to be requested, determined of, or done: as heretofore at Thurin and Orleance, when they called their assemblies. But if the orders and decrees of citisens shall therein differ among themselves, it is then needfull for every order and degree of the citisens, to have their owne speaker. As of late in the parliament of Bloyse, when as the Bishops grieuously complained of the Nobilirie; and againe the Nobilitie of the Bishops; and the Comminaltie of them both, it was then needfull to have three Speakers appointed: and yet so could not the good of the people bee sufficiently prouided for, but that the Speakers were blamed of falshood and collusion, and that diuers great and grieuous complaints of the people were thereof giuen out. But these things are especially to be taken heed of in a Monarchie, wherein one man is judge of all controuersies: Wheras in other kinds of states,

albeit that there be many speakers, yet the matter is still in the end put to voyces.

But that diuision of the citisens (which we have spoken of) into three degrees or parts,[*](Better three parts taking in a commonweale than two.) as it is unto all kinds of cities profitable, so is it in an Aristocratie most necessarie, that two of them disagreeing, the third may end the strife, or taking part with one, may draw the other whether it wil or no from the former receiued opinion. For if two factions shall arise, they which are wise, & wish the good & welfare of the Commonweale, should set up an head of a third faction, and ioyne themselves unto him: For three leaders of diuers factions, or part▪takers, are right easily reconciled; whereas two are most hardly brought to agreement: whereof oftentimes arise seditions and civill warres, and that especially in the Aristocratike estate: For that in that estate, betwixt the nobilitie and common people, can be no third degree, all the right of soueraigntie being in the nobilitie, and nothing thereof in the people; all the same right in a Popular citie, or estate, being common to the nobilitie and Senat together with the people. Wherefore it is an easie matter to create a third degree or order: as at Rome the order of knights or gentlemen, was in a sort an arbitratour or vmpier betwixt the Patricij and[*](Not good in great assemblies to diuide the people into three degrees and orders.) the people, as made of both degrees. But for that both the Patricij and the knights made scarcely the fifth part of the whole people, the people did therefore the more imperiously raigne & rule: which was then especially vnderstood, when as by a law concerning the Theatres, place for the beholding of playes, was first giuen to the Senat, & next after them unto the knights or gentlemen, all apart by themselus from the people: whereof Liuie thus writeth, C. Attilij Serrani, L. Scribonij Libonis Aedilium Curulium Ludis Romanis primum Senatus a populo secretus spectauit, praebuitque sermones sicut omnis nouitas solet alijs tandem, quòd mentò antè debuerit tributum censentibus amplissimo ordini, alijs demptum ex dignitate populi quicquid maiestati patrum adiectum esset interpretantibus: & omnia discrimina talia quibus ordines discernerentur, & concordie, & libertatis aequè minuende esse: ad quingentissimum quinquagissimum Sextum annum in promiscuo spectatum esse, quid repente factum? Cur non immisceri sibi in cauca Patres plebem vellent? Cur diues pauperem consessorem fastidierit? Nonam & superbam libidinem ab nullius ante gentis Senatu neque desideratam, neque institutam Postremo Africanum quoque ipsum, quod Consul auctor eius rei fuisset, poenituisse ferunt, At the Roman plaies of C. Atilius Serranus, and L. Scribonius Libo, the honourable Aediles, the Senat apart and divided from the people, first beheld the same: which thing (as euerie nouelty vseth to doe) gaue occasion of speech, some deeming it now at length to be giuen unto that most honourable order, which should long time before have of right beene giuen it; other some interpreting it to be taken from the dignitie of the people, whatsoeuer was added unto the honour of the Senat: and all such differences as whereby degrees were discerned asunder to tend alike to the diminishing both of concord and of libertie: that the people indifferently together had beholden the plaies, now five hundred fiftie six yeares. What was that now so sodenly done? Why should not the Senators be contented to have the people mingled with them in the Theatre? Why should the rich scorne the poore man to sit by him? A new and proud insolencie, neuer before of the Senat of any nation either desired or ordained. Last of all it is reported, Africanus also himselfe to have repented him, That being Consull, hee had beene author of that matter. Thus much he. Whereby it is to be vnderstood, that for the preseruing of the popular libertie, and concord, degrees ought so to be placed with degrees, as that al of them may more easily bee ioyned vnto all in societie and communion together. Wherefore this fact of Africanus was blamed, not onely of the common people, but euen of the Senators themselves, whose favour he was thought to have gotten: For so Tullie writeth him to have bene blamed, not onely of the wiser sort, but euen of himselfe

also; for that, that was by force from the people extorted, which had before vntill then bene willingly graunted unto the Senators: for that albeit that the seats were indifferent unto all, yet neuer any of the people would presume to sit to behold the playes before the Senators. About an hundred yeares after was a law made by L. Roscius Otho, Tribune of the people, That the knights or gentlemen should sit and take their places upon the foureteene steps or degrees next unto the stage: For when the magistrats and the rest of the Senators, by the Censors law, did more commodiously see and heare from the first and neerest places unto the stage, the higher degrees and farther off, were accounted of lesse credit: & albeit that the places of the Theater were of right great receit (as which contained oftentimes threescore thousand of the citisens) yet could they not containe them all: & therfore by the law Roscia concerning the Theater, it was needfull that place should be kept for the knights, in the fourteene steps and degrees neere unto the stage: and for that thereby the peoples voyces seemed secretly in some sort to be taken from them by Roscius the Tribune, whom it beseemed to have bene a keeper & preseruer of the popular libertie and dignitie; at such time as he came to behold the playes, he was by the knights (whose favour he had won) with great acclamation and applause receiued, but of the people with greater tumult and sturre, in so much that Cicero the Consull was glad to call all the assembly of the people out of the Theater. And so as a man of great wisedome and eloquence, with a graue oration repressed the peoples insolencie, and with a reproofe and chiding, well beseeming the dignitie of a Consull, so appeased the tumult, as that the people returned againe into the Theatre well pleased. Hereof came that speech of Plinie in commendation of Cicero, Te suadente tribus Roscio Theatralis legis auctori ignouerunt, notatasque se discrimine sedis aequo animo tulerunt, The tribes (saith he) at thy persuasion pardoned Roscius, author of the law of the Theatre, and tooke it patiently themselves to bee noted with the difference of their seats and sittings. Now a punishment was set downe by the law of the Theatre, Ne quis nisi censum equestrem haberet in xiiij spectaret, That no man except he had a knights wealth, should stand in the xiiij steps or degrees to behold the playes. But when many, their patrimonie being by the civill warres wasted, durst not for feare of this Theatrall law behold the playes from the fourteene steps or seats, Augustus the emperour decreed, That they should not be therewith bound, who themselves or their parents had euer had a knights wealth or abilitie. Now as for the order and degree of women, I meddle not with it; onely I thinke it meet them to be kept far off from all magistracies, places of commaund, iudgements, publike assemblies, and councels: so to be intentiue onely unto their womanly and domesticall businesse. And thus much concerning the order and degrees of Citisens. But by what meanes prouision is to bee made against the reuolt and tumultuous stormes of the common people, wee will in due place more at large declare.