The six books of a common-weale

AMong all the causes of seditions and changes of Commonweales[*](The chiefest cause of the change and subuersion of a state) there is none greater than the excessiue wealth of some fewe subiects, and the extreme pouertie of the greatest part. All antient histories are full, whereas it appeares that all they which haue pretended any discontentment against the state, have alwayes imbraced the first occasion to spoile the rich: yet these changes and mutenies were more ordinarie in old time than at this day, for the infinite number of slaues which were thirtie or fortie for one free man; and the greatest reward of their seruice, was to see themselves freed, although they reaped no other benefit but only libertie, which many bought with that which they had spared all their life time, or else with what they borrowed, binding themselves to restore it, besides the duties they did owe to them that did infranchise them: besides, they had many children, which happens most commonly to them that labour most,[*](The cause of in an estate.) and live most continently, so as seeing themselves in libertie and opprest with pouertie, they were forced to borrow upon interest, to sell their children, or to satisfie their creditors with their fruites and labours; and the longer they lived, the more they were indebted, and the lesse able to pay: for the Hebrewes called vsurie a biting, which doth not only wast the debtor unto the bones, but doth also suck both bloud and marrow, so as in the end the number of the poore being increased, and not able to indure this want, they did rise against the rich, and expelled them from their houses and townes, or else they lived on them at discretion. And therefore Plato called riches and pouertie[*](The two plagues of all Common.) the two antient plagues of a Commonweale, not only for the necessitie that doth oppresse the hongrie, but also for the shame, the which is more insupportable to many than pouertie it selfe: for the preuenting whereof, some have sought an equalitie, the which many have commended, tearming it the nurse of peace, and loue betwixt subiects; and contrariwise inequalitie the spring of all diuisions, factions, hatred and partialities: for he that hath more than an other, and sees himselfe to have greater wealth, he will also be higher in honor, in delights, in pleasures, in diet and in apparell, hauing no great regard of vertue: the poore on their part conceiue an extreme hatred and iealousie, seeing themselves thus troden under foote, they thinke themselves more worthie than the rich, and yet are opprest with pouertie, honger, miserie and reproch. And therefore many antient law giuers did equally diuide the goods and lands among the[*](Equalitie the surest maintenanc of a Commonweale.) subiects, as in our time Thomas Moore Chancellor of England in his Commonweale sayth, That the only way of safetie for an estate, is when as men live in common: the which cannot be whereas is any proprietie. And Plato hauing charge to frame the Commonweale and new Colonie of the Thebans and Phociens, by the consent of the subiects which sent Ambassadors to him to that end, he departed, leauing it vnfinished, for that the rich would not impart any of their wealth unto the poore: the which Licurgus did with the hazard of his life, for after that he had banished the vse of gold and siluer, he made an equall distribution of the lands. And although that Solon could not do the like, yet his will was good, for that he made frustrate all bonds, and granted a generall abolition of debts. And after that the vse of gold and siluer was allowed in Lacedemon after the victorie of Lisander, and that the testamentarie law was brought

in, the which was partly the cause of inequalitie of goods: King Agis seeking to bring in the antient equalitie, he caused all bonds and obligations to be brought into a publike place and there burnt them, saying, That he had neuer seene a goodlier fier: then he began to deuide his owne goods equally, but when he sought to distribute the lands, he was cast into prison by the Ephores and there slaine. In like sort Nabis the tyrant hauing taken the citie of Argos, published two Edicts, the one to free them of all debts, the other to deuide the lands equally: Duas faces (sayth Titus Liuius) no---antibus res ad plebem in optimates accendendam: Two firebrands for them that sought for innouations to kindle and incense the people against the better sort. And although the Romains have in that point seemed more iust than other nations, yet have they often granted a generall recision of debts sometimes for a fourth part, sometimes for a third, and sometimes for all; hauing no better meanes to pacifie the mutinies and seditions of the multitude, least it should happen unto them as it did unto the chiefe men among the Thuriens, who hauing gotten all the lands into their hands, the people seeing themselves opprest with debt and vsurie, and without any meanes to satisfie, they fell upon the rich and expelled them from their goods and houses. These reasons may be held goodly in shew, when as in truth there is nothing[*](Equalitie of goods dangerous to a Commonweale.) more pernitious and dangerous to Commonweales, than equalitie of goods, the which have no firmer support and foundation than faith, without the which neither iustice, nor publike societie can stand, neither can there be any faith, if there be not a due obseruation of conuentions and lawfull promises. If then bonds be broken, contracts disanulled, and debts abolished, what can there be expected but the vtter subuersion of an estate? for there can be no trust one in an other. Moreover such generall abolitions do most commonly hurt the poore, and ruine many, for the poore widowes, orphelins, and meaner sort hauing nothing but some little rent, are vndone when this abolition[*](Abolition of debts ruins the poorer sort.) of debts comes; whereas the vsurers preuent it, and oftentimes gaine by it: as it happened when as Solon and Agis did publish an abolition of debts, for the vsurers (hauing some intelligence thereof) borrowed money of all men, to defraud their creditors. Besides, the hope of these abolitions do incourage the prodigall to borrow at what rate soeuer, and when their credit is crackt to ioyne with the poore which are discontented and desperate, and to stir up seditions: whereas if the hope of these abolitions were not, every one would seeke to gouerne his estate wisely, and to live in peace. If it be vniust for the creditor to lose his goods, and the debter to gaine that which is not his, how much more vniust is it to take land from the lawfull owners to enrich[*](The equall diuision of lands most iniust.) other men with their spoyles: for they that seeke to be freed from their debts, pretend the oppression of vsurie, and the barren nature of siluer, the which cannot be in lawfull[*](Equalitie of goods the ruine of humane societie.) successions, so as we may rightly say, that such a diuision of another mans goods, is a meere robberie under a shew of equalitie, and the ruine not onely of a Commonweale, but of all humane societie. To say, That equalitie is the nurce of friendship; is but to abuse the ignorant: for it is most certaine, that there is neuer greater hatred, nor more capitall quarrels, than betwixt equals: and the iealousie betwixt equals, is the spring and fountaine of troubles, seditions, and civill warres. Whereas contrariwise the poore and the weake yeeld and obey willingly the great, rich, and mightie, for the helpe and profit which they expect: which was one of the reasons which moued Hippodamus the law giuer of the Milesians, to ordaine, That the poore should marrie with the rich, not onely to auoid inequalitie, but also to make their friendship the more firme. And whatsoeuer they say of Solon, it appeares sufficiently by the institution of his Commonweale, that he made foure degrees of citisens according to their reuenewes, and as many degrees[*](Solons deuision of citisens.) of state and honours: the rich had five hundred measures of corne, wine, or oyle, in rent; the next three hundred, others two hundred, and those which had lesse might beare no office of honour. And euen Plato hath made three estates in his second Commonweale, one richer than another, ordaining, That every one of the five thousand & fortie citisens, should leaue one of his children sole heire. And as for that which Licurgus did, who would have equalitie perpetually obserued in succession, diuiding the lands by the powle; it was impossible, for that he might see before his eyes, or soone after,[*](Equalitie impossible to be kept in a state.) this equalitie quite altered, some hauing twelue or fifteene children, others one or two, or none at all: the which would be more ridiculous in those countries whereas pluralitie of wiues is tollerated, as in Asia, and in a manner throughout all Affrike, and at the new found lands, whereas it falles out oftentimes, that one man hath fiftie children. Some have sought to preuent this inconuenience, as Hippodamus law-maker to the Milesians, who would not allow aboue ten thousand citisens, the which Aristotle did like well of, but by that meanes they must banish the ouerplus, or else execute the cruell law of Plato approued by Aristotle, who hauing limited the number of his citisens[*](A cruell law made by Plato.) to five thousand and fortie, ordained that they should cause the rest to miscarrie as soone as they were conceiued, and those that were borne lame or crooked should be cast off: the which cannot be spoken without great impietie, that the goodliest creature which God hath made, should not only be made away after it is borne, but also be destroyed in the mothers womb. Whereunto Thomas Moore Chancellor of England seemes to agree, who would not have lesse than ten, nor more than 16 children in one familie: as if he might commaund nature. And although that Phidon law-giuer to the Corinthians did seeme to foresee it more wisely, forbidding expresly to build any more in Corinth (as they made a defence not to build in the suburbs of Paris, by the kings Edict in the yeare 1558,) yet the subiects multiplying they must either erect a new[*](It is iniurious to tye a citie to a certaine number.) Colonie, or banish them iniuriously. But in my opinion they erre much which doubt ofscarcitie by the multitude of children and citisens, when as no cities are more rich nor more famous in arts and disciplines than those which abound most with citisens. It is indeed lesse to feare that by reason of so great a multitude of citisens there will be deuisions, for that there is nothing that doth keepe a citie more free from mutinies and[*](Great cities are lesse subiect to seditions than others.) factions than the multitude of citisens, for that there are many which be as a meane betwixt the rich and the poore, the good and the wicked, the wise and the simple, and artificers and noblemen, which may recoucile these extremes when they disagree: and there is nothing more dangerous than to have the subiects divided into two factions without a meane, the which doth vsually fall out in cities where there are but few citisens. Laying aside therefore this opinion of equalitie in a Commonweale alreadie framed, rauishing and taking away another mans goods, whereas they should preserue to every man his owne, according unto the law of nature; and reiecting also them that would limit the number of the citisens, we will maintaine that this deuision of portions ought not to be allowed but in the framing of a new Commonweale in a conquered[*](The manner how to diuide a conquered citie.) countrie: the which diuision should be made by families, and not by the powle, reseruing alwaies some prerogative for one of the familie, and some right for the elder in euerie house, according to the law of God; who doth shew vs with his finger what course to take, for hauing chosen the tribe of Leui to giue him the right of the elder aboue the other twelue, he gaue them no lands but only houses in cities, appointing them the tenth of every tribe (which was twelue tenths) without any labour, the which was twise as much at the least as any tribe had, all things deducted. And among the Leuites the right of the elder was reserued to the house of Aaron, which had the tenth of the Leuites, and all the oblations and first fruites: and to every priuat house he assigned[*](Deuision of land by the law of God.) twise as much of the goods and lands unto the elder as to any other of the heires, excluding the daughters wholie from the succession, but for want of males in the same degree, whereby we may iudge that the law of God hath directly reiected all equalitie, giuing to one more than to another: and yet he hath kept among the twelue tribes, except that of Leui, an equall deuision of inheritances; and among the yongers an equall deuision of the succession, except the right of the elder, the which was not of two third parts, nor of foure five parts, nor of all; but of the halfe, to the end that such inequalitie should not be the cause of the great wealth of some few subiects, and the extreame pouertie of an infinit number: which is the occasion of murthers among brethren, of diuisions in families, and of mutinies and civill wars among subiects. And to the end the diuisions thus made may remaine indifferent, there must not be any prohibition of alienation, either in a mans life, or by testament; as it is used in some places, if we will obserue the law of God, which ordaines, That all successions sold, shall returne the fiftieth yeare to the house, familie, or tribe, from the which it was sold: whereby the poore that are afflicted, and forced to sell to supply their necessities, shall haue means to sell the fruits and reuenewes of their lands to the fiftieth yeare, the which shall returne afterwards to them or to their heires: ill husbands shall be forced to live in penurie, and the couetousnesse of the rich shall be preuented.

As for abolition of debts, it was a thing of a daungerous consequence, as it is said, not[*](Abolition of debts pernitious.) so much for the losse of the creditor (the which is of no great moment, when the question is of the publike state) as for that it opens a way for the breach of faith in lawfull conuentions, and giues occasions to mutines to trouble the state, hoping still to have abolition of debts, or at the least an abatement of interests which have bene long due, reducing them to the five and twentieth penie: the which hath bene obserued in Venice. We see by the law of God, that debts are not cut off, but it giues the debtor respight the seuenth yeare, and suspends the debt. But the true meanes to preuent vsurers to ease the poore for euer, and to maintaine lawfull contracts, is to obserue the law of God, which hath defended all kinds of vsuries among the subiects: For the law were[*](Vsurie must bee cut off.) vniust in regard of straungers, if it were lawfull for them to deliver out money upon interest unto the subiect, from whome he should draw his whole estate, if the subiect might not vse the like prerogative unto straungers. This law hath bene alwaies much esteemed of all lawgiuers, and of the greatest Polititians, that is to say, of Solon, Licurgus, Plato, Aristotle, and euen the ten commissionars deputed to reforme the customes of Rome, and to make choyce of the most profitable lawes, would not allow aboue one in the hundred for interest; the which they called Vnciarium, for that the vsurie of[*](Tacit. lib. 5. Pest. lib. 19.) euerie moneth came but to an ounce, which was the twelfth part of the hundreth crowne which had bene borrowed, and the vsurer which exacted any more, was condemned to restore foure fold: esteeming the vsurer (as Cato said) worse than a theefe, which was condemned but in the double. The same law was afterwards published[*](An vsurer esteemed worse than a theefe.) anew at the request of the Tribune Duilius in the yeare of the foundation of Rome 396: and ten yeres after Torquatus and Plautius being Consuls, it was reduced to halfe an ounce in the moneth, and a halfe penie in the hundred: so as it did not equall the principall but in two hundred yeares. But the yeare following vsurie was quite forbidden[*](Vsurie forbidden in Rome.) by the law Genutia, for the dayly seditions which happened by the contempt of those lawes of vsurie: for what moderation soeuer you make of vsurie, if it bee any thing tollerated it will soone encrease. And those which maintaine under a color of religion, That moderat vsurie or rents, after foure or five in the hundred, are honest and iust, for that the debtor reapes more profit than the creditor, abuse the word of God, which doth expresly forbid it. For although some would take light interest for the good of the debtor, yet many would abuse it. For euen

as a hatchet at the first makes but a little rift, but in the end breakes all in sunder: so the sufferance of vnlawfull things, how small soeuer, growes in the end to all impunitie: as they which haue forbidden vsurie among Christians, and yet have allowed it for the church and hospitals; and some also have found it convenient for the Commonweale and the treasure; but there is nothing that giues the subiect more occasion to breake a law, than to defend a thing, and tollerat it with some exceptions. The which is an ordinarie fault among princes and prelats, seeking to exempt and free themselves from those things which are forbidden to the subiect: & who would find that bad in particular, which is publikely allowed? And for that all defences in matter of lawes are vnprofitable[*](Laws are vnprofitable without penalties.) without some punishment, the which are not regarded if they be not duly executed, therefore the law Genutia being ill executed, was by little and little neglected. And therefore in England they have prouided, that when as any edict was made, they presently appointed a Magistrat or Commissarie, to see the law obserued, who continued in that charge vntill the law were disanulled. But the couetousnesse of vsurers did so exceed, as they lent after twentie foure in the hundred, vntill that the law Gabinia did moderat the greatest interest, at twelue in the hundred, vnlesse it were in venturing at sea, whereas the creditor tooke upon him the hazard: But this law was ill executed in the prouinces, whereas they did take fortie eight in the hundred for a yeare, For the extreame necessitie of him that borrowes, and the insatiable couetousnesse of him that lends, will alwayes find a thousand deuises to defraud the law. The punishment of vsurie was verie seuere in the Commonweale of the Candiots: and therefore hee that would borrow seemes as if he would take it violently from the creditor: so as if the debtor did not pay the intrest, which they could not recover by law, he was accused as a theefe and robber: the which was but a grosse shift, in regard of their sales they make at this day, the Notarie putting in this cause, And the rest in money. It is true, that at the first councell of Nice, the bishops procured the emperour to forbid vsurie in money and fruits: the which in regard of fruits, were so much and halfe so much more: that is to say, fiftie for a hundred. But it was not obserued, especially for fruits, whereas he that borrowes in a time of dearth is glad to pay it againe and halfe as much more after haruest. Wherein it seemes there is great reason, for hee that lends might have gained [*](Vsurie in fruits seemes tollerable) more if he had sold it in a time of scarcitie, as they do commonly. Besides there is nothing deerer than that which nourisheth, nor any thing more necessarie. And therefore[*](Nothing deerer or more necessarie than that which nourisheth.) the emperour Iustinian hauing rated vsurie for the countrey man at foure in the hundred in money, he decreed, They should pay but twelue in the hundred in fruits, and not fiftie in the hundred as had bene formerly vsed. Charles of Molins had no cause to seeke to correct the Greeke and Latine text of the law, against the truth of all copies, that hee might defend the edict of Lewes the twelfth, and the decrees of the court of parliament, which made equall the interest in fruits and money: but the difference is great betwixt the one and the other: for by Iustinians law, the poore labourer reaped great profit, being freed for thirteen bushels of corne after haruest, for twelue which he had borrowed in a time of death: and yet by this correction which Molins giues, he should be freed for a third part of a bushell, the which is verie absurd; seeing that before Iustinians decree, it was lawfull to take fiftie in the hundred for fruits. It is farre better to relie upon the law of God, which doth absolutely forbid vsurie, and the creditors good deeds shall be more meritorious and more honourable to lend without[*](A meritorious deed to lend without vsurie.) profit, than to receiue of the poore laborer, in the qualitie of vsurie, a handfull of corne, for so great and necessarie a good turne. Therefore Nehemias (after the peoples returne from captiuitie) did forbid them to take any more vsurie, as they had done before taking twelue in the hundred, as well in money as in fruits: and according to this example the decree of Nice was made: but after that Calixtus the 3, & Martin the 5, popes, had giuen way to rents & annuities, the which were little before that time in vse, the interest hath growne so high, as the vsurie limited by Iustinian, & partly practised by the Cantons of the Swissers, is farre more easie and more supportable, although the laws of Fraunce and Venice do not allow any man to demaund aboue five yeares arrerages past: For this sufferance of interest, without interest hath growne to be a law, wherby the vsurers doe sucke the blood of the poore with all impunitie, especially in sea towns, where there is a common bourse or banke; as at Genes, where there are some worth foure or five hundred thousand duckets, others aboue a million, as Adam Centenier, & they say that Thomas Marin hath twise as much. So as the marchant for the sweetnes[*](Annuities worse than interest.) of gaine giues over his traffique, the artificer scornes his shop, the labourer leaues his labour, the shepheard his flocke, and the noble man sels his land of inheritance, to make fortie or fiftie pounds a yeare rent in annuities, in stead often pounds a yeare in fee simple land. Then afterwards when as the rents faile, and the money is spent, as they know which know not any other good meanes to live, giue themselves to theeuing, or to stir up seditions a---d civill warres, that they might robbe secretly: the which is the more to be feared, when as one of the estates of the Commonweale, and the least in force and number, hath in a manner as much wealth as all the rest; as it hath beene seene heretofore in the state of the Church: whereas the hundred part of the subiects in the Westerne Commonweales, making the third estate, had the tythes of what nature soeuer, and against the lawes of the ptimitiue Church (as the Popes themselves confesse) and have seized upon testamentarie legacies, as well mouables as immouables, Dutchies[*](The Clergy enriched, and others made poor.) Counties, Baronies, Lordships, Castles, houses both within and without Townes, rents of all sorts, and bonds made freely; and yet they tooke successions of all sides: they sold, exchaunged, purchased, and imploied the reuenewes of their benifices for other acquisitions; and all without taxe, subsidie, or any charge, euen in those places whereas the taxes are personall. So as it was necessarie to enioyne the Cleargie to put away such land as had bene left unto the church within a certaine time, uppon paine of confiscation: as by a law made in England by king Edward the first, which did forbid all church men to purchase any land; as it appeareth in Magna Carta: the which hath beene since[*](Clergy men forbidden to purchase lands.) renewed by the emperour Charles the fift in Flanders, upon paine of confiscation: the which seemes to have bene forbidden in old time. For we find that earles of Flanders have bene heirs unto priests: which custome was abolished by pope Vrbin the fift. For the same reason the parliament at Paris did prohibit the Chartrens and Celestines of Paris, to purchase any more, against the opinion of the abbat of Palerme. Yet these defences were grounded upon the chapter, Nuper de decimis. And at Venice it hath bene enacted, and church men were commanded to dispossesse themselves of all lands, prohibiting to leaue any legacie to a Cleargie man, nor to make a will by the mouth or writing of a cleargie man. And by a law made at the request of the states of Otleans, the twentie seuenth article, all cleargie men are forbidden to receiue a testament or last wil, in the which any thing is giuen him (the which is verie ill executed) for the abuses [*](In old time every man was forced to leaue something unto the church.) that were committed. Not a hundred yeares since within this realme, they would not have laid any dead bodie in holy buriall, if hee had not bequeathed some legacie unto the church; so as they tooke out a commission from the officiall directed to the first priest of the place: who taking a view of his goods that had died intestat, bequethed what he pleased unto the church in his name that was dead▪ the which was reproued by two decrees of the parliament of Paris, one in the yeare 1388, and the other in the yeare 1401. I have also a declaration drawne out of the Treasure of France, by the which the twentie barrons of Normandy named in the act, dated in the yere 1202, declare unto Philip Augustus, That the goods of him that dies without making a will, belonged unto him, hauing laine three dayes sicke before his death: and by the confirmation of the priuileges of Rochell, graunted by Richard king of England and earle of Poitou, it is said, That the goods of the Rochelois should not bee confiscat, although[*](The anntient rights o the duke of Norandie and earles of Poitou.) they died intestat: the which was also common in Spaine, vntill the ordinance made by Ferdinand in the yere 1392, bearing these words, Que no sellauen quintos da los que mueren sin fazer testamento dexando hijos o parientes dentro del quarto grado que pueden hauer & heredar sus bienes, vz. The fift shal not be leuied of those which die intestat, so as they have any children, or kinsfolke within the fourth degree fit to succeed. It is no wonder then if the clergy were rich, seeing that euerie man was forced to make a wil & to leaue the church a legacie, vnder rigorous paines; being also straitly defended for many yeares, not to alienat nor rent out the goods of the church, upon paine of nullitie. By the commaundement of Charles the ninth a suruay was made of all the reuenewes of the church within this realme, the which was found to amount to twelue hundred[*](The reuenewes of he Clergy in France.) and thirtie thousand pounds starling a yere rent, not comprehending the ordinarie and extraordinarie alms. But Allemont president of the accounts at Paris, made an estimat, That of twelue parts of all the reuenewes of Fraunce, the Cleargie enioyed seuen. And by the registers of the chamber of accompts it appeeres, that within this realme there are twelue Archbishopricks, 104 Bishopriks, 540 Abbaies, and 27400 parishes or cures (taking every towne for a cure, and the least village for one where there is a parish) besides Priories and begging friers. Their reuenues had been far greater if Pope[*](The propertie of land is in vaine whereas the vsufruit is perpetual) Iohn the 22 had not disanulled the decree of Pope Nicholas, who had allowed all begging friers to enioy the frutes of lands, and the Pope should have the proprietie, the which was a grosse cunning to frustrate the vowes of pouertie▪ for that the propertie is fruitlesse and in vaine, as the law saith, if the vsufruct were perpetuall, as bodies and colledges be. I do not speake of the well imploying of their goods, but I say that this great inequalitie (it may be) hath ministred occasion of troubles and seditions against the[*](An occasion found out to ruine the Cleargy.) Clergie, throughout all Europe, when as in shew they made a cullour of religion: for if this occasion had not been, they had found out some other, as they did in time of our predecessors against the Templers and the Iewes; or else they would have required a new deuision of lands, as Philip the Roman Tribune did for the people, pretending that there were but two thousand men in Rome which possessed all, although they were numbred in all to be aboue three hundred thousand; and those few did so increase in wealth, as Marcus Crassus by a declaration of the Censors, was esteemed to be worth sixe millions of crownes: and fiftie yeares after Lentulus the high Priest was found to be worth ten millions of crownes. The Romains laboured to preuent these inconueniences, publishing many lawes touching the deuision of lands: among the which the law Quintia and Apuleia, would have the conquered lands deuided among the people,[*](The cause of seditions in Rome.) the which if they had bin well executed, those seditions had bin preuented which so troubled the Commonweale: but the mischiefe was, that the conquered lands were farmed out by favour to priuat men, with a pretence of benefit to the Commonweale, upon condition to pay the tenth of graine, and the fift of fr---tes, and some rent for the pastures: yet this rent and other duties were not paied, for that great men held them in other mens names: for which cause Sextus Titius the Tribune presented a request unto the people, to the end that the receiuers of the reuenues might --- the arrerages that were due, the which was granted, but being not well executed, it was a meanes to present other requests unto the people, that the lands and reuenues of the Commonweale which priuate men held without paying any thing, might be deuided among the people: the which did greatly amaze the rich, and caused them to suborne Thorius the Tribune under hand, That by his intercession unto the people the lands should remain still in their possessions, and the arrerages should be paied unto the receiuers of the reuenues: which law they caused afterwards to be abrogated, when as the magistrates themselves held the lands, of the which they could not be dispossest, nor forced to pay without great disturbance to the state. In the end the law Sempronia was published by force, at the request of Tiberius Gracchus, the which differed from the law Licinia, by the which all men were forbidden (of what estate or qualitie soeuer) to hold aboue five hundred acres of the Commonweales land, a hundred kine, and five hundred sheepe and goates, and to forfeit the ouerplus: but the law Sempronia spake of nothing but of the publike lands, ordaining that every yeare there should be three Commissioners appointed by the people to distribute unto the poore the surplusage of five hundred [*](Law made for the distribution of lands.) acres that should be found in any one familie: but the Tribune was slaine the last day of the publication, in a sedition moued by the Nobles: yet Caius Gracchus his brother being Tribune of the people ten yeres after, caused it to be put in execution, but he was slaine also in the pursuite thereof, after whose death the Senate to pacifie the people caused it to be executed against many. And to the end those lands should not remaine waste, the poore wanting cattell and meanes to till it, it was ordained that according unto the law Sempronia of Tiberius Gracchus, the treasure of king Attalus (who had made the people of Rome his heire) should be distributed among the poore, to whom they had giuen part of the lands: by which meanes many of the poore were prouided for. And to take away occasion of future seditions, they sent away part of the poorer sort into Colonies, to whome they did distribute countries conqueted from the enemie. But there was one article in the law of C. Gracchus which was most necessarie, and yet it was abrogated, Prohibiting the poore to sell or make away those lands that were assigned unto them: for the rich seeing that the poore had no meanes to entertaine those lands, redeemed them.

There was also another cause of this inequalitie of goods, which was by the libertie[*](The testamentarie law the cause of inequalitie.) that euerie one had to dispose freely of his goods, and to whom he pleased, by the law of the twelue Tables. All other people, except the Athenians (where Solon first published this law) had not free libertie to dispose of their lands. And Licurgus hauing deuided the lands of the inhabitants of the citie into seuen thousand parts (some say more, others say lesse) and the lands of the countrie into twelue thousand equall parts, he did not suffer any one to dispose thereof; but contrariwise, to the end that in processe of time the seuen thousand parts of inheritance might not be sold, or diminished into many members, it was decreed, That the elder of the house, or the next of kin should succeed to the whole inheritance; and, that he could not have but one part of the seuen thousand; and he must be also a Spartaine borne. Others were excluded from the succession, as Plutarch saith, speaking of king Agesilaus, who in the beginning was bred up straightly as a younger brother, for that hee was issued of a younger house. This for a time did entertaine the 7000 families in equalitie, vntill that one of the Ephores being incensed against his eldest sonne, presented a request unto the Seigneurie, the which passed for a law, by the which every man had libertie to dispose of his goods by will. These testamentarie lawes being receiued in Greece, and afterwards published in Rome, and incerted in the twelue tables, were the cause of great alterations. But the people of the East and West might not dispose of lands by testament: a custome which is yet obserued in some parts of France, Germanie, and other nations[*](In Poland and many other parts of the North, they may not dispose of lands by testament.) of the North. And therefore Tacitus writes, that the Germaines had no vse of Testaments, the which many have vnaduisedly attributed to ignorance and barbarisme. And euen in Polonia it is expresly forbidden by the lawes of the two Sigismonds, according

vnto the antient customes, to dispose of lands by testament. The Oxiles and the Phytales had a stricter custome, forbidding them to pawne any lands. And by the custome of Amiens and other customes of the Lowcountries of Flanders, no Nobleman might sell away their seigneuries vntill they had solemnely sworne pouertie: the[*](In some places noble men may not sell away their seigneuries.) which is also strictly obserued in Spaine. We have also said before, that the law of God did expresly defend all alienation of lands, either in a mans life or by testament, reseruing the right of the elder in every familie, without any difference of noble or villain, according to Licurgus law in his deuision of 7000 parts in Lacedemon: and those of Caux in Normandie, as well the Gentlemen as others, do much better preserue the dignitie and beautie of their antient houses and families, the which by this meanes are not dismembred, and all the estate of the Commonweale in generall: the which is the more firme and stable being grounded upon good houses and families, and as great and immoueable pillers, the which could not support the burthen of a great building, if they were weake, although they were many. And it seemes that the greatnes of France, Spaine, and England is supported by great and noble families, and by corporations[*](Great kingdoms supported by noble families, especially in an Aristocratical estate, but they are contrarie to a Popular estate, or to a Tyranny.) and Colleges, the which being dismembred into peeces, will be the ruine of the State. But this opinion is more probable than necessarie, vnlesse it be in an Aristocraticall estate: for it is most certaine that in a Monarchie there is nothing more to be feared than great men, and corporations, especially if it be tyranicall. As for a popular estate which requires equalitie in all things, how can it endure so great inequalitie in families, whereas some should have all, and others die of hunger: seeing that all the seditions which have happened in Rome and in Greece have been grounded upon this[*](Inequalitie main tained the estat of Sparta.) point. There remaines an Aristocratie where as the noble and great men are vnequall with the common people, and in this case the right of the elder may mainetaine the estate, as in the seigneurie of Sparta, whereas the seuen thousand parts equally divided unto the elder of every familie, maintained the State: and as for the yonger brethren, vertue aduanced them to offices and honors according to their merits: and commonly they proued the most famous, hauing (as Plutarch said) nothing to aduance them but their vertues. It was the antient custome of the Gaules: and without doubt our Nobilitie would be much more esteemed, if the prohibition of selling of their seigneuries were dulie executed, according to the lawes and ordinances of this realme, and of the Empire, where it is better obserued. The like defences were made in Polonia, by the laws of Albert, & Sigismond Augustus kings in the yere 1495 & 1538, & by an edict[*](Laws prohibiting noble men to ell their seigneuries.) made by Peter duke of Brittaine, forbidding the common people to purchase the seigneuries of noble men, upon paine of confiscation. And although that Lewis the 12 disanulled those defences in the yeare 1505, yet king Francis the first renewed the Edict in the yeare 1535 under the same paine of confiscation. The meanes to vnite the nobilitie[*](A meanes to vnite the gentry & the plebeians.) and the common people more strictly together, is to marrie the yonger children of noble houses being poore (in an Aristocraticall estate) with the Plebeians that are rich, as they did in Rome after the law Canuleia; the which is practised at this day by the Venetians, and almost in every Commonweale, whereas the nobilitie hath any prerogative over the common people: the which is the surest way to maintaine the nobilitie in wealth, honour, and dignitie. And yet it is necessarie to moderat the dowries of women in what estate soeuer, least that meane houses be not beggered to enrich the nobles: wherein the antient lawgiuers have been much troubled to obserue this equalitie, and to prouide that ancient houses and families might not be dismembred and ruined by the daughters. The law of God would not allow the daughters to succeed if there were any brethren: and although there were not any, yet the daughters that were heires were commanded to marrie the next kinsman of that familie: to the end saith the law, that the inheritance may not be drawne from the house by the daughters. This law was obserued in Greece, where as the next kinsman married the heire, neither might the daughter marrie with any other. In Persia and Armenia the daughter had nothing of the house but the moueables: a custome which is yet obserued in all[*](I the East parts the daughters inherit o lands.) the East, and almost throughout all Affrike, although that Iustinian the Emperour, or rather Theodora his wife, hauing alwayes fauored her owne sexe, reformed that custome of Armenia, terming it barbarous, not regarding the intention of the antient lawgiuers. Hippodamus lawgiuer to the Milesians, would not frustrate the daughters of all succession, but he ordained that the rich should marrie with the poore, wherein he did obserue the equalitie of goods, and entertained loue betwixt the couples, and betwixt the poore and the rich. It is most certaine that if the daughters be made equall with the sonnes in the right of succession, families shall be soone dismembred: for commonly there are more women than men, be it in Commonweales in generall, or in[*](The inequalitie of goods grows, for that the daughters being heires are married to the rich.) priuate families: the which was first verified at Athens, where as the pluralitie of women gaue name unto the citie: and within these twentie yeares at Venice, (whether comes a world of strangers) there was found upon a suruaie two thousand women more than men: whether it be that they are not subiect to the dangers of warre and trauell, or that nature is apter to produce those things that are lesse perfect. And therefore Aristotle said in his Politikes, That of five parts of inheritance the women of Sparta held three, the which came by the permission of the testamentarie law; and for this cause (saith he) they cōmanded absolutely ouer their husbands, whom they called Ladies. But to preuent this inconuenience at Rome, Voconius Saxa the Tribune, by the persuasion of Cato the Censor, presented a request unto the people, the which passed[*](The law of succession at Rome, dfrauded.) for a law, whereby it was enacted, That the females should not succeed so long as there were any male carrying the name, in what degree of consanguinitie soeuer he were; and, that they might not have giuen them by testament aboue the fourth part of the goods; nor more than the least of the Testators heires. This law retained the antient families in their dignities, and the goods in some equalitie, keeping women in some sort in awe: yet they found a meanes to defraud it, by legacies and feofments made in trust to friends, with request to restore the successions or legacies unto the women which could not recover them by order of law not by petition, before Augustus time; who following the pernitious counsell of Trebatius, tooke an occasion to abrogate the law, demanding a dispensation of the law Voconia of the Senat, for his wife Liuia: so as this law being troden under foot, the Roman citisens began to be slaues unto their wiues, who were their mistresses both in name and effect. Then might you have seene women wearing two rich successions at their eares, as Seneca saith; and the daughter of a Proconsull who did weare at one time in apparell and iewels the value of three millions of crownes, the inequalitie of goods being then at the highest, after which time the Roman empire declined still vntill it was wholie ruined. By the antient custome of Marseilles it was not lawfull to giue aboue a hundred crownes in marriage with a daughter, and five crownes in apparell. And by the Statutes at Venice it is forbidden [*](A commendable law at Venic.) to giue aboue 1600 ducats to a noble mans daughter: and if a Gentleman of Venice marrie a citisens daughter, he may not take aboue two thousand ducats; nor the females succeed so long as there is any male of the familie: but in truth this law is as ill obserued as that of king Charles the 9, which forbids to giue unto a daughter in marriage[*](The law of Fraunce for the marriage of daughters.) aboue a thousand pounds starling, and yet the ordinance of king Charles the 5 doth giue no more unto the daughters of the house of France. And although that Elizabeth of France, daughter to Philip the faire were married unto the king of England, yet had she but twelue hundred pounds starling to her dowrie. Some one will say unto me, that it was very much, considering the scarcetie of gold and siluer in those daies: but the difference also is very great betwixt a thousand pounds, and foure hundred thousand crownes. It is true that she was the goodliest Princesse of her age, and of the greatest house that was at that day. And if we will seeke higher, we shall find in the law[*](The law of God for dowries.) of God that the marriage of a daughter at the most was taxed but at fiftie sicles, which make fower pounds starling of our money, in which penaltie he was condemned that had seduced a virgin, whom also he was forced by the law to bring home, if the father of the maiden so pleased: which makes me beleeue that the antient custome of the Persians is likely, for that the Commissioners deputed yearely to marrie the maids[*](The law of Persia.) gaue the honestest and fairest to them that offred most, and with that money they married them that were lesse esteemed (that none might be vnprouided for) with this caution to them that married the deformed, Neuer to put away their wiues, but in restoring of their dowries▪ by the which they prouided for the marriage of maids, the modestie of wiues, the dignitie of husbands, and the publike honestie whereon wise lawgiuers should have a speciall care, as Plato had. For to take from the daughters all meanes to prefer themselves according to their qualities, were to giue occasion of a greater inconuenience. And it seemes that the customes of Aniou and of Maine haue[*](Custome of Aniou.) giuen them a third part in successions, of gentlemen in fee simple, the which is left to the yonger males but for terme of life, to the end the daughters should not be vnprouided for, hauing not meanes to aduance themselves like unto the males: for the reformation of which custome they have heretofore made great complaints: the which might as well be done, as in the custome of Mondidier, and in that of Vendosme, (an antient dependance of the countrie of Aniou, before that it was erected to a Countie or a Duchie) where as a yonger brother of the house of Aniou, hauing taken his elder brother prisoner, made him to change the custome of Aniou in regard of the Chasteleine of Vendosme, the which he had but for terme of life. And although that in Brittaine by the decree of Cont Geoffrie in the yeare 1181 the eldest in gentlemens houses caried away all the succession, and maintained the yonger at his owne pleasure: yet to preuent infinit inconueniences, Arthur the first duke of Brittanie enacted, That the yonger children should have a third part of the succession for terme of life, as it is obserued in the countrie of Caux, by a decree of the Parlament at Rouen, the daughters portions being deducted. I have hitherto treated of subiects only, but we must also take heed least that strangers set footing within the realme, and purchase the goods of the naturall subiect: and preuenting all idle vagabonds which desguise themselves like Egiptians, when as in truth they are very theeves, whom all Magistrates and Gouernors are commanded to expell out of the real me by a law made at the estates of Orleance, as it was in like manner decreed in Spaine by Ferdinand in the yeare 1492 in these words, Que los Egiptianos consennores salgan del Reyno dentro sessenta dias: That all the Egiptians with their women shall depart out of the realme within threescore daies. This swarme of caterpillers do multiplie in the Pyrenees, the Alps, the mountaines of Arabia, and other hillie and barren places, and then come downe like wasps to cate the honie from the bees. Thus in my opinion I have set downe briefly the fittest meanes to preuent the extreme pouertie of the greatest part of the subiects, and the excessiue wealth of a small number, leauing to discourse hereafter, If the lands appointed for the seruice of the warre may be dismembred or sold. Let vs now see if the goods of men condemned should be left unto their heires.