The six books of a common-weale
Jean Bodin
Bodin, Jean. The six books of a common-weale. Knolles, Richard, translator. London: G. Bishop, 1606.
NOw wee have alreadie declared▪ What a Soueraigne Prince ought to be in the administration of iustice towards his subiects; and if he should take upon him the person of a judge, when, and how, and in what sort of Commonweale he ought to doe it: let vs now also see out of the tearmes of iustice, when the subiects; are divided into factions and part-takings, and that the judges and magistrats are themselves parties also, Whether the Soueraigne Prince ought to ioyne himselfe to one of the parties; & whether the good subiect ought to be constrained to follow the one or the other partie, or not. And first let vs set downe this as a maxime, All factions and part-takings to be daungerous and pernitious in euerie sort of Commonweales, and that they ought, if[*](All factions and part-takings dan gerous unto Commonweales▪) it be possible, by all meanes to be preuented; or if that cannot be before they bee plotted, yet to search the meanes to heale them▪ or at leastwise to imploy all convenient remedies to mittigat the disease. And albeit that of ciuil seditions and part-takings there sometime commeth great good, as some one or other good law, or some other good reformation, which had not beue if the sedition had not happened; yet it is not therefore to be said, that sedition is not daungerous, although that it by chaunce and casually draw after it some good: as in mans bodie a disease chauncing, is the cause that men vse letting of blood, and purgations, and so draw away the euill and corrupt humors: so seditions oftentimes are cause that the euill or wicked men are slaine, or driuen away and banished, to the end that the rest may live in quiet; or that euill lawes and decrees be cancelled and repealed, to giue place unto good, which had otherwise neuer beene receiued. For which if one shall say, That seditions, and civill warres, are good, hee might also say, that murders, parricides, adulteries, theft; and the subuersion of estates & Commonweales are also good. For why, there is no impietie so great, no villanie so detestable, whereof no profit may redound, either to all, or to some men in particular; yea the verie villanies of wicked men almightie God vseth to draw either to the punishment of the reprobat, or to the glorie of his name. Which yet to prayse, were as if we should commend diseases; as Fauorinus the Philosopher highly commended the feuer quartaine: which were but to confound the difference betwixt good and euill, the difference betwixt profit and disprofit, betwixt honour and dishonour, betwixt vice and vertue; and in briefe to confound fire and water, heauen and earth together. Wherefore as vices and diseases are daungerous both unto the bodie and the soule; so seditions and civill warres are hurtfull and pernitious unto all estates and Commonweales.
But it may be some man will say, That seditions and civill warres are good and profitable [*](Seditions and factions dangerous euen for Tyrannicall governments) for Tyrannicall Monarchies, and for the maintaining of Tyrants in their Tyrannicall estates, they being alwayes enemies unto their subiects, and such as cannot long continue, if the subiect be once at accord amongst themselves. But we have before declared, the Tyrannicall Monarchy to be of all others the weakest, as that which is not but by cruelties and villanies nourished and maintained; and yet commonly wee see it to fall and take end by seditions and civill warres: so that if we looke into all tyrannies which haue bene destoyed and ouerthrowne, we shal find it most commonly to have happened of factions and civill tumults. Yea euen the most craftie and subtill tyrants,
Now if seditio---s and factions be dangerous vnto monarchies, then are they much[*](An especiall benefit a Monarch hath aboue other Commonweales.) more daungerous unto Aristocraties and Popular estates: for that Monarches may maintayne their maiesty, and as neuters decide the quarrels of their subiects; or by ioyning themselves to one of the parties, to bring the other unto reason, or els altogether to oppresse them: whereas the people divided in a popular estate, hath no soueraigne over them; no more than the lords divided in Aristocratie have no man to cōmaund them: if it be not that the greater part of the people, or of the lords, be not of the faction, which so may commaund the rest. Now when I say faction, my meaning is not[*](Priuat factions how they are to be suppressed.) of an handfull of people, or some small number of subiects, but euen of a good part of them banded against an other, able to trouble the whole estate: but if they be but few in number, hee that hath the soueraignty in hand, ought at the first to represse them; which he may doe either by commaunding them to lay downe armes, or by referring the cause of their dissention and variance unto indifferent judges: or if the matter bee such as may require his own declaration and pleasure, then to doe the same with good aduice, and the mature deliberation of his most wise magistrats and councellours, not in any wise suspected to favour the one part more than the other: and this to the intent that the prince, or they which have the soueraignty, should not themselves beare the enuy or discontentment of them which should so bee condemned. But if the faction be grown so farre, as that it cannot by way of justice, or by orderly inducements be appeased, it then be hooueth the soueraigne prince, or them that hold the soueraignety in an Aristocratie or popular estate, to vse their forces for the vtter extinguishing thereof, by the punishing of some few of the ring-leaders and chiefe men in the faction; that so the punishment may touch but some few▪ and yet the feare come unto all of them. Neither ought the soueraigne prince to deferre the matter so long, vntill they bee growne so strong as that they be not any more to be resisted, or that the leaders of them being for feare of punishment become desperat, shall seeke to ouerthrow the whole estate of the commonweale. For there still are, and alwaies have bene good and valiant men, which for the welfare of their countrey doubt not to aduenture their lives; although there be many, who to the contrary had rather their countrey should perish for them. Which kind of men (the very plagues of commonweales) are upon the sudden to bee
But all this which we have yet said, is to be vnderstood but of factions which concerne[*](Factions and conspiracies against the prince or estate, how they are to be repressed and the conspirators punished.) not the estate; for if the faction be directly against the state, or the life of the soueraigne prince, there is then no question whether the prince should take a part, or show himselfe an open enemy unto such seditious, which so professe themselves of all others the greatest enemy of their prince & commonweale: for otherwise, if when the state and welfare of the commonweale, or the prince his owne life is attempted, he shall sit still but as an idle beholder, he shall so inuite and annimate not the more desperate sort of men onely, but euen very cowards to seeke after his life also. But yet a great difference there is to bee made in the manner of punishment of the offendors: for if the number of the conspirators against the state or his person be but few, he shall suffer the Magistrats to proceed against them by order of law, and as he seeth cause himselfe to moderate the heauinesse of the punishment; which the fewer the conspirators are, is so much the sooner to be inflicted▪ and before that moe bee discouered, to the end that by the punishment of some few, the good subiects may stil be kept within the compasse of their allegiance and dutie, and those which were euill enclined, so terrified from their euill intended purpose. Neither yet is too strait or strict enquirie to bee made to find[*](That in a conspiracie it is not good to make too strait enquiry to find out all the conspirators.) out all the conspirators, least by force of torture and torment, such things bee haply wrung out, as were indeed better vnknowne than knowne. And yet it is not to bee dissembled or winked at, if the partie guiltie bee once discouered to have conspired against the life of his soueraigne, or yet to have but bene willing so to have done. As it happened unto a gentleman of Normandie, who confessing unto a frier (his ghostly father) of a purpose that he had had to have slaine Francis the first the French king, but yet not daring so to do, to have repented him now of his so wicked and detestable a purpose, was therefore of the frier so much as in him lay pardoned; who yet neuerthelesse forthwith reuealed the same unto the king, who causing the gentleman to bee apprehended, sent him unto the parliament of Paris to be tryed, where he was as a traitor condemned to death. Howbeit, that (in mine opinion) the king in his greater wisedome might have done better to haue pardoned him, for that it had repented him of that his wicked purpose (which the law for the hainousnesse of the fact doe so seuerely punish) & so was become the betraier & accuser of himself before he was by any other accused. And it may be that it had bin better to have executed him without making of the king acquainted therewith, so to have disburdened him of the enuy of such a iudgment. So as did the emperour Augustus with Q. Gallus, who hauing not onely purposed, but euen desperatly also attempted to have slaine him; and being therefore by the Senate condemned of treason, was yet by the same emperour Augustus (dissembling the matter as if he had thereof knowne nothing) pardoned, and so sent away unto his brother then gouernour in one of the prouinces: but was yet neuerthelesse upon the way slaine, not without the secret commaundement of Augustus himselfe, as many men supposed, vsing therein the like subtilty: a craft that had his vncle Caesar before vsed, in giuing pardon to M. Marcellus at the request of the Senate; who yet was immediatly after slaine, as one of Caesar his most mortall enemies. Yet more likely it is, neyther Caesar (who in a certayne naturall clemency exceeded almost all other princes) neyther Augustus (placed in so high a seat of honour and maiestie) to have beene willing to have defiled or stained their so great honour & dignity with the secret murder of them whom they might most iustly have executed. Howbeit that some of the finer sort to the contrary excuse the matter, as by them done for the safty of their owne
But forasmuch as we have before touched certaine meanes which may preserue a prince from falling into these daungers, and whereby to hinder the conspiracies which might be made against his person: Let vs now see how he ought to beare and behave himselfe in conspiracies and factions, which are not directly against himselfe nor his estate, but amongst his great lords among themselves, or among the estates, townes, or prouinces subiect unto him; all which he ought by all meanes to preuent, and not to neglect any thing how little soeuer it be for the meeting therewith. For as the great stormes and tempests are caused of most light and insensible exhalations and vapours:[*](Of small sparkes oft times do arise the great flames and fiers of sedition.) euen so seditions and civill warres the destructions of cities and Commonweales, are most times begun for most smal matters, and such as a man would not thinke that euen they should worke such effect. In the raigne of Iustiman the emperour all the cities of the Greeke empire were divided into factions, for the maintaining of the colours of Greene & Blew, which they according to their fancies tooke unto them in their sports and iusts, one of them brauing and contending with another: which in the end tooke such force and went so farre, as that the judges and magistrats of Constantinople, going about to punish the seditious, were letted so to doe by others of the same faction who tooke part with them, and so tooke out of the hands of the officers and executioners such as were by them led to the place of execution, and not so contented brake open the prisons also, and let loose all the prisoners, and in the same rage burnt the temple of Saint Sophia: and to auoid the punishment which they (hauing laid downe armes) were not to hope for, made choyce of one Hippatius the captaine and ring-leader of their faction, for emperour; Iustinian with his familie in the meane time lurking in a corner. Which tumult proceeded so farre, as that thirtie thousand men were in one day in that quarrel slaine: and had not he the leader of the faction (and he euen the new chosen emperour) there beene killed, the emperour Iustinian had vndoubtedly had much to do to have saued his life; who yet at the beginning together with his other courtiers tooke great sport and pleasure therein. The like whereof happened at Syracusa also, where two of the magistrats become riuals, and so falling out for their loue, at the first gaue occasion for other men to laugh at them, but at length so divided the whole Commonweale into two such factions, which so banded the one the other, as that the most couragious of the nobilitie being slaine, the people taking up armes and driuing out them that were left of the nobilitie or better sort, tooke upon it the soueraigntie, and so changed the Aristocratie into a Democratie or Popular estate. Wherfore it behoueth a prince, before the fire of sedition and civill warres by such sparkes be[*](That the quarrels of great men ought euen in the beginning to be wisely appeased, or by force of the prince suppressed.) enflamed, to cast on cold water, or else quite to quench the same: that is to say, to proceed to the preuenting thereof, either by sweet speeches and persuasions, or elsby open force. So as did Alexander the Great, who seeing Ephestion and Craterus his greatest friends, upon a mutuall emulation to be at discord and varience amongst themselves, and so to draw the rest of his valiant captaines into parts-taking with them: hee at the first with faire words, and gentle persuasions sought to make them friends together, but afterwards taking them apart, sharply rebuked them both, threatning withall to band himselfe against him which soeuer of them should first by word or deed offend the other: by which sharp reprehension putting them both in feare, made them friends together. And so our king Lewes, he who for his deuotion towards God, for his loue
Sometime also a tyrant seeing the nobilitie in the State to flourish with the strength and alliance of friends, and the favour of the people, and not to seeke one of them anothers ruine, neither to have any equall aduersaries to oppose themselves against them; doth yet secretly affoord favour unto some of the meaner or weaker sort, and so armeth them against the richer and stronger, and by some notable and irremissable villanie by them committed against the other, bindeth them unto him, in such sort, as that they can neuer be reconciled againe unto the parties by them so offended. So as Iohn Bentiuole the tyrant of Bononia is reported to have done: who fearing the good agreement of them of the greater sort, easily suffered the chiefest of the house and familie of the Marischots (then the richest and a man of greatest credit in all that countrey) to bee of his enemies slaine, to the end that hee might so bee dispatched of him, and supported of them of the contrarie faction: all reconciliation being by that so great an outrage broken off, and all hope of mutuall friendship vtterly cut a sunder: all which his tyrannicall slights and deceits, together with the favour of the French king, yet helped him not, but that at length he was thrust out of his estate, and so by violence pluckt headlong[*](The obligation of wicked and desperat men grounded uppon some norable villanie, in all Commonweales most daungerous, and how to be suppressed.) euen out of the chiefest strength of his tyranny. But as the bond and obligation of a notable villanie is of all others the strongest, so is it also in every Commonweale most of all to be feared, for that thereby all the hope of amitie and concord is cut off towards them which have receiued the iniurie. As it happened to the armie of Carthage, which for want of pay reuolting against the seigneurie or state, under the conduct
But if discord and contention be amongst the princes and great men themselves, &[*](How a soueraign prince is to end the quarrels and controuersies that are betwixt the nobilitie.) that under the same soueraigne prince, which yet he cannot either by his princely authoritie, neither by faire persuasion, nor hope of rewards, appease; he ought then to giue them arbitrators, men of great integritie and wisdome, and such as they themselves can like of. In which doing the soueraigne prince shall discharge himselfe of the heauinesse of the iudgement to be giuen, and of the hatred and displeasure of him or them that should be condemned. For if this manner of proceeding is and alwayes hath beene commendable for the ending of controuersies euen betwixt kings themselves, by committing their differences unto the arbitrement of princes; and that all nations vse this manner and fashion: with how much more reason ought a wise prince (as of right hee may) cause his owne subiects to condescend thereunto, and especially them which are neere unto him in alliance or blood, to the end that their quarrels and contentions should neuer (if it were possible) so farre passe the bounds of reason, as to come to bee tried by the sword or force of armes.
But in ending such controuersies, the prince aboue all things must beware that hee[*](Dangerous for a prince not to shew himselfe indifferent in the quarrels and controuersies of his great subiects.) show not himselfe more affected unto the one part than to the other: which hath bene the cause of the ruine and ouerthrow of many princes and estates. So Philip the first king of Macedon was not slaine, but for that he openly favoured Antipater against Pausanias a meane gentleman, in denying of him iustice; which was the cause that Pausianas discharged his choler euen upon the person of the king himselfe. Neither for any other cause did Henrie the sixt, king of England, stirre up that long and deadly civill warre, wherewith all England was in combustion eight and twentie yeares, and wherein were lost about fourescore princes of the royall blood (as Philip Comines reporteth) but for that the king tooke upon him to be captaine of them of the faction of the house of Lancaster, against them of the faction and house of Yorke: who at length hauing vanquished and ouercome their enemies, put to death the king himselfe in prison, with all the rest of his neerest kinsmen. The conspiracie also of the marquesse of Pescara, against Charles the emperour, was grounded upon the favour that the emperour bare unto the viceroy of Naples, against the marquesse. It were but lost time to set downe in writing the cruell & bloodie warres which have bene raised in this realme by Robert of Arthois, Lewes of Eureux king of Nauarre, Iohn Montford, Iohn of Burgundie, and diuers others of our time, which it is not needfull to rehearse, and all for the favours of the kings, who forgetting the high degree of maiestie whereunto they were mounted, would basely take upon them the offices of aduocats, of judges, and arbitrators; so descending from the highest unto the lowest places, so to follow the passions of their subiects, making themselves companions unto some of them, and unto other some of them enemies.
Yet might some man say, That the occasion of the quarrell may be so secret, as that no proofe can thereof be made, neither any iudgement giuen, and yet that hee which hath so receiued the iniurie, demaundeth thereof an amends: in which case the princes find themselves oftentimes much troubled, as when an iniurie or offence is unto any man secretly offered or done, which he which did it denieth, and that the trueth cannot therein be tried but onely by bare surmises & coniectures; in this case what is amongst the common and vulgar sort to bee done? it is an easie thing to say, as that no man ought without most manifest witnesses to be condemned: but souldiours, and such as[*](The beginning of combats.) stand upon their nobilitie, deeme their honour to be stained, and their reputation greatly impaired, except he have satisfaction, who upon his oath affirmeth himselfe to have so bene by any man secretly wronged. For why, such men say, the subiects lives and goods to be all in the princes hand and power to be disposed of▪ but not their honour and reputation. In which case the people of the North have for the tryall of the matter appointed combats; as is to be seene in the auntient lawes of the Lombards, of the Saliens, the Ripuaries, the English, the Burgundions, the Danes, the Almaines, and the Normans; who in their customes call the Combat, The law of appearance: which many for all that have as a most beastly thing reiected, as neuer receiued or practised by the Assyrians, the Aegyptians, the Persians, the Greekes, or Latines, except in lawfull warre, one man against his enemie, and that by the good leaue of the Generall of the armie; or else sometime one Generall encountering hand to hand with another, for the sparing of their subiects blood: so Cossus and Marcellus in battell hand to hand ouercame their enemies kings? Or els one king against another king, as did Romulus with the king of the Latines, and Hundig king of the Saxons, with Roe king of Denmarke. So also Charles king of Naples chalenged Peter king of Arragon unto the combat, for the triall of their right unto that kingdome, which they yet performed not. Neither is this any meane matter, when as Corbis and Orsua contending for the principalitie before Scipio Affricanus the Romane Generall, said, That they would have none other judge, either of God or man, to decide their quarrell, but Mars onely. And yet[*](Combats when to be admitted.) for all that it is better to appoint combats amongst subiects, according to the auntient and lawfull manner of our auncestors, when the persons are of like qualitie which so stand upon their honour, and that there is some apparant coniecture of the wrong receiued (for why, the auntient lawes neuer admitted combat in a plaine and euident matter, or wherein good proofe was to be had) for that to deny combat vnro noble personages standing upon their honour, and at so great oddes as that they can by no
But now, when as to have the lie giuen one, was neither by the Romans thought to be a thing iniurious, neither that our auncestors had allowed the combat for the lie giuen to another man; it began in our age to be a thing not only contumelious, but euen capitall also; and that especially in the time of Francis the first the French king, who in a great assembly of his greatest peers one day said, that he was not an honest man which could endure the lie giuen him. Which he said, hauing by his heraults at armes giuen the lie to Charles the fift, for some dishonorable speeches he had giuen of him. Which yet since with vs is growne as it were into a law, so that none of the nobilitie or martiall men, which will put up the lie, is accounted of, as of a man of any worth or valour, but as of a base or vile fellow. Whereof have risen great quarrels, brawles, and murders, amongst all sorts of subiects. Which to meet withall, Henry the second, who not without
But whereas we before said, that the combat is for the auoiding of greater inconueniences[*](How, and for what cause combats are to be granted.) to be borne withall, my meaning is not, that it should be by law allowed, but onely in case of necessitie graunted, and that by the princes expresse letters, after the hearing of the parties, and for the auoyding of murders and seditions, which might otherwise ensue. Whereby that inconuenience shall be auoyded, which otherwise without combat could not be prouided for, that kinsmen, neighbours, and friends, should for one mans wrong in a sort be enforced to take up armes, and so to entertaine another mans quarrell: as oftentimes it chaunceth the force and furie of wicked men, to fall upon the heads of good and worthy subiects. But that is in the hearing of the matter especially to be respected, that combat be not graunted for the triall of any but of capitall causes, and those also whereof no manifest proofe is to be had or found out: following therein also the auntient lawes, which will, That the vanquished should bee declared infamous, and so disgraded of all his estates and honours, condemned to some shamefull death, if he will not better die of the hand of the victor. Which seueritie of punishment, and feare of infamie, might stay many as well from entring into combats, as also from leading of a quarrellous and wicked life. For Philip the Faire hauing forbidden combats, thought it not good otherwise to restore them againe unto the nobilitie, but upon the cause before knowne unto the magistrats, as it was by the old decree of the Senat prouided. As by another decree of the same Senat giuen in the controuersie betwixt the counties of Foix and Armagnac, it was said, That combats might not take place, when question was of civill right and law, which is yet the custome of them of Berne. And by the lawes of Naples also, it was ordained, That combats should not take place but in cases of treason, and of casuall murder: whereas before it was lawfull in any offence whatsoeuer to chalenge the combat of the aduersarie, theft onely except: which yet I see by the custome of them of latter time, not to have beene without good cause lawfull. Howbeit that by the lawes of Spaine no iust cause of combat is allowed. And thus much concerning priuat and particular quarrels▪ with the meanes to appease the same.
But if quarrels and contentions arise betwixt whole families, or betwixt whole corporations[*](Combats nor to be admitted for the quarrels and contentions betwixt families.) and colledges of the same citie or Commonweale, and upon such like causes as doe betwixt priuat men: combats in that case are not to have place▪ but the parties so at oddes are by way of iustice to be kept in good peace; or otherwise by force & sharpe punishment to be inflicted upon the offendors to be kept in awe; yet for all that in such sort, as that iustice should still have place euen in armes in the execution doing: as it was in Rome, at such time as by a decree of the Senat it was appointed and set downe, That foure hundred innocent slaues should be all put to death; with which vnusuall
Now we have in some sort touched certaine meanes for the preuenting of seditions and part-takings: but as it is much more easie to stay the enemie from entring, than to driue him out after he is once entred; so is it more easie also to preuent seditions and tumults, than to appease the same: and yet that more hardly also in a Popular estate or[*](Seditions in a Popular Commonweale of all others most dangerous, and how to be appeased.) Commonweale, than in any other. For why, the prince in a Monarchy, and the lords in an Aristocratie still are, and ought to be, as soueraigne judges and arbitrators of the subiects: and so oft times of their absolute power and authoritie appease and quiet all their differences: wheras in the Popular government the soueraigntie lieth in the people themselves, which are so divided into factions, who in no other acknowledge the magistrats, but as men subiect unto their commaund and power. Wherefore in such Commonweales such seditions and factions are with the greatest care and diligence that possible is, to be at the first preuented: but if they bee once risen before they were well foreseene, then it behoueth the most wise and vertuous men in the estate to take the matter in hand: who by their great wisedome and kind speeches may againe appease the turbulent motions of headstrong and giddie common people. For as they which are sicke of a phrensie, which causeth them to skip and daunce without ceasing, cannot be cured, except the cunning musitian tune his instrument unto their mad manner
And as for them which goe about by force of armes and strong hand to stay the[*](That the people up in tumult or sedition, is not by strong hand or open force to be staid or appeased) angrie peoples rage and furie, if they bee not verie strong and well assured of the victorie, they put the estate into great perill and danger: for if the subiect become victor, no doubt but that hee will at his pleasure prescribe lawes unto the vanquished. And admit that the prince himselfe be not vanquished, yet so it is, that if he attaine not unto the full of his designes, he shall in so doing make himselfe contemptible, giue occasion unto his other subiects to rebell, for strangers to inuade him, and for all men to contemne him. Which is yet more to bee feared in popular estates, and was most manifestly knowne in the seditions which happened in Rome, wherein they which would needs proceed by force, and openly resist the desires of the people (up in furie) matred all: whereas to the contrarie, they which sought by faire meanes to win them, still brought them to reason, and so upheld the state of the citie, otherwise readie to have fallen. Appius Claudius seeing the people of Rome to demaund to have had the obligations and bands for money lent, canceled, (wherein the richer sort and vsurers had a notable interest) was of opinion, not to have any thing of the due debt remitted. And at another time the people being reuolted from the nobilitie, hee the same man would have had them most rigorously entreated, without any regard to have been had of them at all; for that the people otherwise would swell with pride, and become insupportable: howbeit, Seruilius at the first time, and Menenius Agrippa at the second, withstood him, and so carried away the matter from him. Which Agrippa shewed in deed, and by a most excellent fable of mans bodie and the parts thereof (which hee so lively set before every mans eyes) that he caused the armes to fall out of the hands of both parties, and so sweetly againe reconciled the people unto the nobilitie: wherby he together with the welfare of the Commonweale, and all mens loue, gained also vnto himselfe immortall fame and glorie. And if so be that wild beasts will neuer by strokes be tamed, but by the kind handling of him that ---ameth them: euen so the people once moued or enraged, as a beast with many heads, and of all others the wildest and fiercest, is neuer by force, but by good and kind vsage and entreatie to be gained. Wherefore in such time of common uprore and tumult, something is to be graunted unto the people: and if the sedition be raised for famine or for dearth of victuals, some present distribution is to be made, and reliefe giuen unto the poorer sort, who are not with words to bee appeased. For that as Cato the Censor, speaking of the people of Rome, sayd, The hungrie bellie hath no eares. Neither in that case must the magistrats[*](The hungry belly hath no eares.) spare faire words or promises, yea more than is euer to be performed. For that the matter so standing, both Plato and Xenophon giue leaue unto the magistrates to lie, as physitions to children and their sicke patients. So the wise Pericles, to draw the people[*](The wisedome of Pericles to draw the common peo ple of Athens to vnderstand reason.) of Athens unto reason, fed them with feasts, with plaies, with comedies, with songs and daunces; and in time of dearth caused some distribution of corne or money to be made amongst them: and hauing by these meanes tamed this beast with many heads, one while by the eyes, another while by the eares, and sometimes by the bellie, hee
Yet whereas we have said, that the people is to be flattered, and to haue something[*](How, and when the people is to be flattered.) graunted unto it: yea sometimes euen things vnreasonable; especially in popular and Aristocraticke estates, that is to be vnderstood in time of extremitie, when as it is alreadie up in sedition: and not for that one ought still to follow the appetite and passion of the insatiable people, and without reason: But euen to the contrarie, it is so to bee gouerned, as that it be not too hard curbed, neither yet left with the reines at too much libertie. For as it is a right slipperie high standing place to serue the appetite and pleasure of the vnsteady people, so is it yet much more daungerous also, openly to oppose a mans selfe against it: so as did Appius, Coriolanus, Metellus, C---to the younger, Phocion, and Hermiodorus, who whilest they would have all things of the people by strong hand, and rather breake than bow, they did either vtterly vndoo themselves together with the Commonweale, or at leastwise brought it into most great perill and danger. True it is, that for the prince or magistrats thus to temper maiestie with clemency towards an vnruly and headstrong people, without iudgement and reason, is a most hard and difficult matter: yet is there nothing more necessarie, especially in Popular governments, than not too much to flatter, neither yet to deale too roughly with the people. But as the Sunne goeth, rising and setting with the other starres and planets, dayly carried about with the most swift motion of the superiour celestiall spheres, and yet for all that faileth not to performe his owne naturall course by retiring backe by little and little; and that by how much the higher he is mounted up from the Horison, the lesser hee seemeth for to be: Euen so ought the wise gouernour to doe, following in part the affections and desires of the troubled people, so much the more easily afterwards[*](Force neuer to be used against the people, where faire meanes may preuaile.) to attaine unto the full of his designes. And albeit that a prince had the power by force to represse and reforme a mutinous and rebellious people, yet ought he not so to doe, if otherwise he may appease them. For what Physitian is there so inconsiderat, as to vse sections, and cauterisings, or burnings, if the disease might otherwise be cured? And so what prince is there so euill aduised, as by way of force and fact to proceed against his people, if with a kind word speaking hee may appease all? But especially in a Popular estate, wherein it beseemeth the wise magistrat, by all faire means to appease and quiet the passions of a troubled people, in laying plaine before their eyes the euill successe which may ensue of their so euill and disordered proceedings. We read therof many examples, but yet none more famous than that of Pacuuius Caluinus of Capua, who being accounted a great favourer of the comminaltie, and an vtter enemie unto the nobilitie of that citie, yet understanding of a purpose that the people had uppon the sudden to kill all the Senators of the citie, which so cruell a murder hee greatly detested, but yet seeing the common people so resolutely set downe upon the matter, as that they were not to be remoued, he himselfe made show also, as if he had as well as any of the rest liked of that the peoples will and purpose, yet withall gaue the Senators to vnderstand of the great daunger they were in, and of the purpose he had for the safegard of their lives, willing them to bee of good cheere, and to feare nothing. And[*](The commendable deceit of Pauius, to deceiue the angry people.) so afterwards the Tribune or chiefe leader of the mutinous people, hauing shut up all the Senators into a strong place, as men appointed for the slaughter: but indeed so to preserue them from the present furie, hee then with a merrie and chearefull countenance comming forth unto the angrie people, spake unto them thus, That which you men of Capua have oftentimes wished for, That it might once be in your power to be revenged
But if the people once enraged be alreadie up in armes, it is a most hard and daungerous[*](The mutinous people best appeased by the good persuasion of some good old vertuous personage.) matter to appease them: in so much as that not long agoe there was one that set fire on his owne house (least the Commonweale should with the flames of sedition euen then have perished) so to turne the citisens then together by the eares to leaue the fray, and to come to helpe to quench the fire, for feare least all should have beene burnt. Then if any man there bee in vertue and valour exceeding the rest, who will with good speech take uppon him to persuade the people unto peace and concord, hee onely, or else none, is the man that may appease the peoples frantike furie and rage. Which thing Virgil most excellently expressed in these few verses following▪
Such we said Pericles to have bene in Athens, Menenius Agrippa in Rome, and not long agoe Peter Loredan in Venice, who at such time as the marriners and sea-faring men banded themselves against the rest of the citisens, and in such sort massacred one another, as that neither duke, neither the Senat, nor other magistrat could come nie, but that they were by force and violence of the furious people reiected; this plaine gentleman Peter Loredan (I say) a priuat citisen, and bearing no office at all, showing[*](Peter Lored an a most notable citisen.) but himselfe in the middest of these combats, and holding but up his hand on hie, caused the weapons to fall out of every mans hand, for the reuerence they all bare unto the vertue of so graue a personage; and so as it were in a moment appeased all that civill discord. Whereby it was to be seene, vertue to be of greater power and maiestie than armes, than lawes, yea than all the magistrats together.
There is also in the reuerend feare of religion a great power for the staying of the[*](The reuerend feare of religion a good meane for the appeasing of the seditious people.) tumultuous people. For at such time as the Florentines were fallen out into such a furie among themselves, as that the citie swome with the blood and slaughter of the citisens: and that they could by no meanes be parted, Francis Soderin the bishop attired in his bishoplike attire, and attended upon with a company of priests, and a crosse carried before him, came into the middest of the furious citisens, so bandying it one against another; at the sight and presence of whome, they all for the reuerend feare of religion upon the sudden laid downe their weapons, and so without more adoo, got themselves home every man unto his owne house. So also Iadus the Iewes high Priest, in his Pontifici---libus met Alexander the Great comming towards Hierusalem with his victorious armie, with whose port and maiestie Alexander terrified, worshipped the High Priest, and was so farre from ransacking either of the countrey or holy citie, as that he gaue it great priuileges, with whatsoeuer the High priest els requested. With like wisedome pope Vrban is reported to have turned Attila king of the Hungarians from the siege of Aquilia.
But sometime such is the deadly hatred of citisens amongst themselves, as that they [*](Seditions sometimes appeased by the interposition and mediation of friends.) need of the helpe of their friends and allies, yea and sometimes euen of meere strangers to set them agreed. In which case an other good old man of Florence seeing the citisens without pity to kill and massacre one another, and on all sides to burne one anothers houses, went to request the Luquois their neighbours and friends, to interpose themselves for the appeasing of these so deadly broyles, as had well neere ruinated the whole estate: Wherewith the Luquois mooued, came in great numbers, by whose good trauell and mediation all those slaughters and broyles were well stayed and quited: a thing both commendable and profitable, not to them onely which are so set agreed,
But religion by common consent once receiued and setled, is not againe to be called[*](It is daungerous to call that into question which ought to be holden as resolued upon.) into question and dispute, that so all the wayes and entrances unto sedition and faction may be stopped, and the assurances of vnity and peace strengthened; for that all things called into disputation, are so also but as things probable called in doubt: and what can come neerer to impiety then by probable arguments to call in doubt the lawes of God, which are by their nature immutable and eternall; and such as of the truth whereof every man ought to be most certainly resolued and assured Besides that, nothing is so firme and stable, nothing so manifest and cleare (except it rest upon most[*](Religion once receiued and setled, to be no more called into question or doubt.) playne and vndoubtfull demonstrations) which may not by disputation and force of arguments be obscured or made doubtfull; and especially where that which is called into question, or dispute, resteth not so much upon demonstration or reason, as uppon the assurance of fayth and beleefe onely: which they which seeke by demonstrations and publishing of bookes to performe, they are not onely mad with reason, but weaken also the foundations and grounds of all sorts of religions.
There is a most antient law of Licurgus extant, which the Florentines (of all others the sharpest disputors) established in their popular estate, viz. Ne de legibus semel reepctis ac probatis disserere liceret, That it might not be lawfull to dispute or make question lawes once receiued and allowed. For why he of others the wisest▪ well vnderstood, lawes disputed and reasoned upon to bee still doubted of; which doubting brought with it an opinion of the iniquity thereof; whereof must needs follow the contempt both of the lawes and magistrats, and so consequently the ruine and destruction of the whole commonweale. But if Philosophers and Mathematicians cannot abide to have the principles of their sciences reasoned of, what great folly, or rather madnesse is it to dispute not onely priuatly, but euen openly also of religion alreadie approued. Howbeit that Anaxagoras maintained the snow to be blacke, and Fauorinus the Quartaine feuer to bee a very good and wholesome thing; and Carneades hauing one day highly commended iustice, the very next day preferred iniustice before it, and that it was (without all comparison) better to be a verie knaue than a vertuous honest man:
I will not here in so great varietie of people so much differing among themselves in[*](Religion not to be enforced.) religion, take upon me to determine which of them is the best (howbeit that there can be but one such, one truth, and one diuine law, by the mouth of God published) but if[*](How a prince wel assured of the truth of his religion is to draw his subiects therunto, being therfoe divided into sects and factions) the prince well assured of the truth of his religion, would draw his subiects thereunto, divided into sects and factions, hee must not therein (in mine opinion) vse force: (For that the minds of men the more they are forced, the more froward and stubborne they are; and the greater punishment that shall be inflicted uppon them, the lesse good is to be done; the nature of man being commonly such as may of it selfe bee led to like of anything, but neuer enforced so to doe) but rather it he houeth the prince so persuaded of the truth of his religion, without fainting or dissembling to professe and follow the same, still deuoutly seruing the almightie God: by which meanes he shall both turne the will and minds of his subiects unto the admiration and imitation of himselfe, and at length also plucke up euen the verie rootes of all sects and opinions: In which doing he shall not onely auoid commotions, troubles, and civill warres, but lead also his straying subiects unto the port of health. Whereof as there are many examples, so is there none more fit for this our purpose, than that of Theodosius the elder, who at the beginning of his raigne found all the prouinces of the empire full of Arrians, whose strength and power was so growne and encreased under three or foure Arrian emperous their favourors, as that their doctrine was not onely by eight councels confirmed, which were at diuers times assembled at Tyre, at Sardis, at Sirme, at Milan, Seleucia, Nice, Tarsis, and especially at Ariminum (where six hundred bishops were of their opinion: and but three of name which held the contrarie) but that they also punished other their aduersaries of opinion contrarie unto themselves, with confiscations, proscriptions, and other most grieuous punishments. Yet would not this good emperour now come unto the empire, either force or punish the Arrians, although that hee deadly hated them, but graunted unto them both the Arrians (I say) and the Catholikes, their churches, and suffered them in euerie towne to have two bishops, of either religion one: and albeit that hee at the importunat suit and instance of the Catholike bishops, commaunded certaine edicts to bee published against the Arrians, yet was hee well contented to have the same holden in suspence, and not put into execution; as his letters unto Ambrose in these words declare, Trade Arrianis Basilicam, mei namque sunt omnia iuris, Giue (saith hee) unto the Arrians a church: for that all are in my power. Which thing Rotaris also king of the Lombards by his law permitted. And yet neuerthelesse this emperor liuing according to his religion, and instructing his children & kinsmen in the same, wonderfully diminished the Arian sect in Europe: howbeit that they have euer since continued, and so yet do, both in Asia and Affrike, under the law of Mahomet, grounded upon the same foundation. The great emperour of the Turkes doth with as great deuotion as any prince in the world honour and obserue the religion by him receiued from his auncestours, and yet detesteth hee not the straunge religions of others; but to the contrarie permitteth every man to live according to his conscience: yea and that more is, neere unto his pallace at Pera, suffereth foure diuers religions, viz. That of the Iewes, that of the Christians, that of the Grecians, and that of the Mahometanes: and besides that, sendeth almes unto the Calogers or religious Monkes, dwelling uppon the mountaine Athos (being Christians) to pray for him: as did Augustus to the Iews, to whom he ordinarily
But now, whereas some men maruell how it came to passe, that in the time of Theodosius, [*](Why many sects better agree in a Commonweale than two onely.) considering the diuersitie of sects and of religions that then were, they could so stand without civill warres, being then at the least an hundred diuers sorts of them according to the account of Tertullian and Epiphanius: whereof the cause was, the multitude and varietie of such different opinions, which so still held one of them in counterpoise with another. Now in matters of sedition and tumult, nothing is more dangerous, than to have the subiects divided into two opinions or factions onely, whether it be before matters of estate, or of religion, or for the lawes and customes, or other matters whatsoeuer that the subiects are so divided. For that but one thing can by nature be contrary unto another thing: and moe things than one to be contrarie unto one, is a thing not to be imagined. So that where there be moe than two sects or sorts, there must needs be some in the meane betwixt the two contrarie extreames, which may set them agreed, which otherwise of themselves would neuer fall to agreement. And therfore Solon by law prouided, That in civill seditions and troubles, every man should of[*](Whether Solons law for part-taking▪ as that every man should be of necessitie bound to take either the one o the other part in time of sedition, be good and profitable unto Commonweals or not) necessitie take either the one or other part, and that it should not bee lawfull for any man to stand as neu---er: which unto many seemed a thing vnreasonable, considering that the greatest prayse and commendation of a good subiect is; to bee a quiet civill man, desirous and doing the best that he can to live in peace. Besides that, by this means the conscience of an honest man is forced, to take either the one or other part, when as haply he thinketh both naught, and that they are both in the wrong. And that more is, it may so happen, that if in such seditions he will follow that part which hee iudgeth the better, he must beare armes euen against his father, against his brethren, and friends, which are in armes in the other side: which were the way so to compell men to commit vnnaturall murders, and to kil euen them whom we ought to defend, & to depriue them of life, by whom we our selues live. In briefe the law of God forbiddeth him that knoweth the truth, to follow the common opinion of them which are out of the way: whereunto Solons law seemeth to repugne, in forcing a man to take either the one part or the other, although that they be both naught. Howbeit that a man might say unto the contrarie, this Solons law to be most profitable and necessarie also unto Popular and Aristocratike estates, wherein is no soueraigne, which standing as neu---er, may determine and decide the differences of them which shall so bee at discord and variance. For men well know, that the most craftie men in time of civill warres, withdraw themselves so much as possibly they can out of the preasse, if they be not well assured of the victorie of the part that they themselves take (if it bee not so, that they see the daunger such, as that the publike fire is like to take hold and burne euen their own priuat houses) yea oftentimes the more subtill and deceitfull sort set the rest at dissention and debate, that so they may themselves the better fish in troubled water, and make a bridge for themselves to passe ouer, to ceize upon other mens goods and honors: imitating therin the priests of Mars, whome the auntients called ---, or Fire-bearers, who hauing orderly performed their solemne execrations, cast fire brands betwixt both armies standing readie ranged, and so stirred them up to battell: but yet retired themselves in safetie out of the medley and daunger. Now if the law of Solon might take place, these fire makers durst not sow debate and discord among the citisens, seeing that they must themselves then run into the same danger with others. And as for other honest men which loue peace, and like neither of the one nor other faction, if they must needs be constrained to take a part, they will then enforce themselves by all means to preuent
Thus have we seene certaine meanes for the appeasing of tumults and seditions[*](The vse of belles, why in many countries forbidden.) amongst many. For which there might yet some more particulars bee also rehearsed; as to take away the vse of belles from rebellious or seditious citisens: so as wee read to have bene done in the rebellions at Montpelier, and at Bourdeaux, which were yet afterward unto them againe not without a great fine restored: howbeit that the greater part of the inhabitants of Bourdeaux most instantly requested, That they might not be so restored, hauing felt the commoditie that came thereby. But whether well or euill, I leaue it to the resolution of every man of sound iudgement. The great emperour of the Turkes, with the other princes of the East, have taken strait order, That this inuention of belles, first deuised in Italie, should not into any of their dominions or territories be receiued: whereby they have well auoided one of the greatest occasions of civill tumults and broyles. The noyse and backward ringing of the belles (as when houses be on fire) being not onely proper unto straunge accidents, and to put the mutinous people into armes, but also to trouble euen the quiet spirits of peaceable men,
Another and the most vsuall way to preuent sedition, is to take away the subiects[*](The best and surest way to preuent sedition.) armes: howbeit that the princes of Italy, & of the East cannot endure that they should at all have armes; as doe the people of the North and of the West: no more then they did in auncient time in Greece and in Asia. For so Aristotle speaking of the Barbarians, accounteth it for a strange thing, that a man should in a quiet and peaceable citie[*](The common wearing of weapons in a peaceable Commonweale, the occasion of many euils.) weare a sword or a dagger in time of peace: which by our lawes, as also by the manners and customes of the Germaines and Englishmen is not onely lawfull; but by the lawes and decrees of the Swissers euen necessarily commaunded: the cause of an infinit number of murders, hee which weareth a sword, a dagger, or a pistoll, being more fierce and insolent to offer unto others iniury, as also to commit murder if any iniurie be offered him: whereas if he were disarmed, he should doe neither the one nor the other; neither should yet incurre the infamy and disgrace which followeth them, who when they are wronged, dare not to draw their weapons. The Turkes herein go yet farther, not onely in punishing with all seuerity the seditious and --- people, but also by forbidding them to beare armes, yea euen in time of warre, except it bee when they are to giue battell: wheras otherwise if the enemie be not nie, they lay their armes up in their tents, or in their carriages: and yet they are accounted the best soldiours of the world: which if they doe in the field, and in time of warre, what is it to be thought them to doe in their townes, and in time of peace?
Amongst many the lawdable manners and customes of the policy of Paris, there is one a very good one, and well put in execution, which is, That no car-man or porter shall weare sword, dagger, knife, or any other offensiue weapon, and that for the murders by them committed in their ordina---ie quarrels which they still had one of them against another▪ which if it might take place upon all persons: also a thousand murders and stabbings are committed, which should neuer have happened, neither the seditions and broyles raysed, which have upon this occasion bene in many places kindled. For it is not the part of a wise polititian, neither of a good gouernour, to expect vntill the murder be committed, or that the sedition be raysed, before he forbid the bearing of armes, but as a good phisition preuenteth diseases: and if chaunce be that the partie be sodainly attainted with any violent griefe, he first asswageth the present paine, and that done applyeth convenient remedies unto the causes of the disease: euen so the wise prince ought (so much as in him lyeth) to preuent sedition, as also when they are happened to appease them at what charge soeuer: and then afterward to looke into the cause of the diseases farthest off from the effects, and so thereunto to apply remedies convenient.
Now we have before spoken of the causes which worke the chaunge of estates and[*](Impunitie of offendors to draw after it ruine of estates.) commonweales, of which selfe same causes proceed also seditions and civill warres, as of the denyall of iustice, of the oppression of the common people, of the inequall distribution of punishments, and of rewards; of the excessiue riches of some few in number, and extreame pouertie of the greater sort; of the too great idlenesse of the subiects, or of the impunitie of offendors: and it may be that this last point is therein of greatest consequence or importance, and yet the least of all regarded. Which as I have before touched, so must I also oftentimes repeat the same, for that the princes and magistrats which desire to be accounted mercifull, do oftentimes turne upon their owne heads the same punishment that the offendors deserued. And that is it for which the wise Hebrew hath so oftentimes aduised vs, Not to become suretie for another man: not for that he