CHAP. I. ¶ Of Censuring or Reformation, and wheher it be expedient to inroll and number the subiects, and to force them to make a declaration, or giue a certificat of their priuate estates.

HItherto wee have described at large the first part of the definition of a commonweale: that is, the true gouerning of many families with absolute power, and that which depends of the said definition. It remaynes now to speake of the second part: that is, of that which is common to an estate; and which consists in the managing of the treasure, rents, and reuennues, in taxes, imposts, coynes and other charges for the maintenance of a commonweale. And for the better understanding hereof, let vs first treat of Censuring. Census in proper tearmes is nothing else but a valuation of every mans goods: and for that wee are to treat of reuenues, it is verie needfull to speake of censuring, and to shew, that of all the Magistrats of a commonweale, there are not many more necessary: and if the necessitie be apparant, the profit is farre greater, be it either to vnderstand theThe commendation of censuring, or estimating the subiects estates. number and qualities of the citisens, or the valuation of every mans goods; or else for the well gouerning and awing of the subiect. And calling to mind the farthest bounds of antiquity, I doe much wonder, how so goodly a charge, so profitable and so necessarie, hath bene laid aside so carelesly, seeing that all the ancient Greeks and Latines did vse it, some yearely (saith Aristotle) others from three, foure, or from five yeares to five yeares, making an estimation of every mans wealth and priuate estate: whereof Demosthenes hauing made an abstract out of the publike registers, said (speaking unto the people) that all the reuenues of the countrey of Attica did amount vnto threescore thousand talents, or thirtie six millions of crownes. EuenCensors used by the Greeks and Romans. Liu. ann 310▪ ab v. c. so the Romans (who did imitate the Grecians) could wel imbrace this custome, and bring it unto Rome: for which cause king Seruius is much commended in histories. And although the people of Rome had disanulled and abolished all the edicts and ordinances of their kings, after they had expelled them, yet this law of censuring or surueying continued still, as the foundation of their treasure, imposts, and publike charges, &c. was continued in the Consuls persons. But after that the Consuls were distract & drawne away for warlike imployments, they then created Censors, threescore and six yeares after that the Consuls had executed it. L. Papirius, and L. Sempronius being the first that were called Censores, and they held the office five yeares: but ten yeares after L. Aemilius Mamercus limited the time of the Censors office to eighteene moneths. And soone after, this custome was followed by all the cities of Italy, and namely by the Roman Colonies, who brought their Registers and Inrollments to Rome. Afterwards this charge was still continued; and euen Caesar the Dictator tooke the paines to go from house to house to supply the Censors charge, although he called himselfe Magister morum, or Master of the manners. And as soone as the Emperour Augustus was returned to Rome, after his victorie against Marc Anthonie, the Senate by a publike decree gaue him the office of Censor,Caesar and Augustus were both created Ceniors. calling him Prefectus morum, or Controller of manners, who thrice numbred the citisens of Rome, and valued euerie mans goods: and not onely of the Citisens of Rome, dispearsed throughout the whole empire, but of all the subiects of euerie prouince: And was there euer Emperour that left so goodly an estate of an empire, as he did?

Afterwards it was discontinued under the tyranny of Tiberius and Caligula, and reuiued againe by Claudius the Emperour, which made the 74 Lustre. It was left againeLustrum. under Neron, and continued againe under Vespatian, who made the 75 Lustre: and then it left under the tyranny of Domitian, who called himselfe Perpetuall Censor, and yet made no suruey. A hundred and fiftie yeres after, or thereabouts, the Emperour Decius caused the Senate to declare Valerian Censor, with ample authoritie. And since that this office was laid aside, the empire hath alwaies declined. True it is, that the Emperours of Greece did erect an office, which they called Magistrum Census, or The master of inrollments, who kept the publike registers containing all testaments and publike acts, with the names and ages of euerie person; yet not with such dignity and power as the auntient Censors. But it is certaine, that all townes subiect to the Roman empire, had their Censors, euen under Traian the Emperour, and that the Senators of euerie owne were chosen by the Censors, as wee may read in an epistle written by Plinie they younger to the Emperour Traian. And (not to goe out of this realme) we read, that king Childebert, at the persuasion and instance of Marouëus Bishop of Poitiers, made an edict, commaunding all his subiects to be inrolled, and their goods to bee valued; the which is yet sometimes put in practise at Venice, Genes, and Luques, whereas there bee Censors created: and namely at Venice in the yeere 1566 they made three Magistrats to reforme the peoples manners, whom they called, I Seignori sopra il ben viuere de la citta: The Magistrats for the well liuing of the citisens: for that the name of Censor in a free citie abounding with all kind of delights, seemed harsh and seuere.

Few yeares before the creation of this Magistrat, hauing set forth my booke of the Method of Histories, I did therein much maruell, that in so great a number of officers, wherein the Venetians did exceed other cities, they had forgotten Censors, which were most necessarie. The commonweale of Geneue in stead of Censors have deputed ten Antients, the which are chosen as magistrats, whereof foure are of the counsell of threescore, and six of the counsell of two hundred; which hold theCensors in effect created at Venice. subiects of that state in such awe, as few offences remaine vnpunished: so as without doubt this commonweale will flourish, if not through armes and wealth, yet by their vertues and pietie, so long as they shall maintaine the authoritie of those Auntients. Whereby it doth plainely appeare, that the best and most flourishingCensors not to be wanted in a well ordred commonweale. cities could not long subsist without Censors: wherein many ignorant diuines abuse themselves, in thinking that Dauid was grieuously reprehended by God, and punished, for that he commaunded his people should bee numbred; when as God Num. 1. 2. 3. 4. 21. 26. commaunded Moyses the Emperour of the Israelites to doe it after their departure out of Fgypt, and againe before they entred into the land of promise; and not only to number them, but to note euerie family, and to take the name of euerie particular person before they had conquered anie thing, the which hee should leaue to posteritie: but the fault which Dauid committed, was in forgetting Gods commaundement, charging him, that when he did number the people every one should offer unto God two groats of siluer (as Ioseph hath verie well obserued) being commaunded in the text of the law, to exact that holy tribute for an expiation of their sinnes, so often as he should please to have the people numbred: then he adds, Least a plague should be among the people. But in my opinion heerein was the greater offence, that the prince too arrogantly trusting more in the force of his legions, than in the power and helpe of the Almighty, did not number all his people, but those onely that were able to beare armes, omitting the tribe of Leui (which attended the sacrifice) and the tribe of Beniamin. And whereas the law commaunds euerie one to put halfe a sickle, or two siluer groats; that is done in my opinion, to abolishThe numbring of the people appoynted by God. the impietie of the heathen, who taking the number of their subiects, offred a piece of siluer for euerie one unto their gods: as also God commaunded they should sprinckle the bloud of the sacrifice aboue, and of eyther side of the altar, forbidding them expressely, not to offer any more bloud unto their deuils, that he might call his people from the inhumane and hatefull worship of deuils. And it seemes that king Seruius had borowed this ceremony from the people of the East, when as hee commaunded a boxe to be set in Iuno Lucinas temple, into the which they put a denier for euerie one that was borne: and another in the temple of Iuuenta, where they did also put a denier for euerie one that had attayned to seuenteene yeres of age, at what time they put on a playne gowne without purple: and the third was in the temple of Venus Libitina, into the which they put a denier for euerie one that died: which custome continued inuiolable, euen when as the office of Censor was neglected.

We read, that the Athenians were inrolled in the publike registers at the age of 14 yeeres, yet wee find no mention made of the tribute. But the numbring of the people which God commaunded to be made, was but of such as could cary armes, from 20 yeeres upward; in the which it seemes that old men aboue 60 were not comprised, & yet they were found by pole to amount to six hundred thirtie thousandThe number of the Israelites. five hundred and fifty, besides the tribe of Leui which made twentie two thousand, from a moneth old upward, which was in all six hundred fifty two thousand five hundred and fiftie. And fortie yeeres after the number was taken, when as all those which came forth were dead, except Moyses, Iosua, and Caleb, they were foundExod. 120 to bee six hundred twentie foure thousand seuen hundred seuenty three, comprehending the Leuits, besides the women, slaues, old men, and youth vnder twentie yeres, which were at the least twice as many. But Titus Liuius speaking of the number of the citisens that were found in Rome, sayth in his third booke, Censa sunt ciuium capita 415 millia, preter orbos orbasque, the number of the citisens is 415000 besides the blind. Florus in his 59 booke saith, Censa sunt ciuium capita 313 millia 823 preter pupillos & viduas, the citisens are numbred at 313823 besides widdowes and pupils. five yeeres after he sayth, Censa sunt ciuium capita 390 millia 936, The number of the citisens is 390936. And in the following suruey, 394356. And in the next inrollment 450000 and in the other after that 150000. I omit the former surueyes, which are all greater than this last: but it seemes the Citisens of Rome were not excluded, as it may appeare in that which I have noted, for that there were none but widowes and orphelines excepted: and yet Florus saith in his 27 booke, Censa sunt 137000 ciuium, ex quo numero apparuit quantum hominū tot preliorum aduer sa fortuna populi Romani abstulisset: The number of the citisens were 137000: wherby it appeares how many men the Romanes lost in their vnfortunate warres. And in the former view he sayth, Censa sunt ciuium capita 270 millia: The check-roll of all the citisens comes to 270000. as if he would inferre, that the losses which they had receiued against Hanibal, had carried away 133000 citisens: for if the women had beene comprehended which went not to the war, there had remayned none but women, for that they be alwayes as many or more than men, as I have before shewed. And in Athens there was a suruey taken, whereas the number of women was greater than that of men, as Pausanias saith. But the scruple is decided by Titus Liuius, where he saith, speaking of the seuenth inrollment, Ciuium qui puberes essent, supra centum decem millia erant: mulierum autem & puerorum, seruorum{que} & mercatorum, & sordidas artes exercentium (siquidem Romanorum nemini cauponariam, aut operosam artem tractare licuit) triplo plus quàm turbae ciuilis. The citisens of full age were aboue 110000 of women, children, slaues, marchants: and of those which used base trades (for no Roman might be a victualer or handycrafts man) the number was thrice as many as of the civill sort: whereby it appeares, that marchants, handycraftsmen, women, nor children, were not registred: as for slaues they were not nūbred among the citisens, but among moueable goods, the which were commonly fiftie for one: and euen in Athens there were found a hundred times more slaues than free men, by a suruey that was taken, whereas for ten thousand strangers, and twentie thousand citisens, there were foure hundred thousand slaues. And of the number that was taken at Venice about thirtie yeares since, there were found two thousand women more than men, as I have formerly noted.

The benefits which redounded to the publike by this numbring of the people,The profit that may be gathered by the numbring of the people. were infinite: for first they knew the number, age and qualitie of the persons, and what numbers they could draw foorth, either to go to the warres, or to remaine at home; either to bee sent abroad in colonies, or to bee imployed in publike works of reparations, and fortifications: thereby they shall know what prouision of victuals is necessarie for euerie citie, and especially in a time of siege, the which is impossible to preuent, if they know not the number of the people. And if there were no other benefit but the knowledge of euerie mans age, it cuts off a million of sutes and quarrels the which are inuented touching the minoritie and maioritie of persons:A meanes to cut off sutes. for which cause king Frauncis the first commaunded his chauncellour Poyet, to puplish an edict, inioyning all curats to keepe a register of all such as should bee borne: but for that the registers are not kept as they ought, this law is ill obserued. And in regard of the quality, we see an infinit number of sutes touching the nobility, which should be auoyded by this meanes: and the sutes of forgerie & falshood, for the disguising The citisens estates are knowne by the Censors. and concealing of names of the parents, countrie, estate, and qualitie, of euerie one, whether hee bee a citisen or a stranger, a bastard or lawfully borne, a nobleman or a patrician, a plebeian or a nobleman, and of what name & house he comes, for want of registers and censors can hardly be found out.

This appeared plainely, when as Pericles numbred the citisens of Athens, for the prerogatives and priuiledges they had aboue strangers, where there were found thirteene thousand three hundred and sixty citisens, and five thousand strangers which carryed themselves as citisens, and were sould for slaues by a publicke decree.The citisens order is knowne. Moreouer, to order and gouerne the bodies & colleges of citisens according to the estate and age of euerie person, as they did vse in Rome and in Greece, it is more than necessary to know the number of the subiects; to gather their voices in elections the number is also requisite; to deuide the people into tens, hundreds, and thousands, it is also necessarie to know the number of them. But one of the greatest and most necessary fruits that can bee gathered by this censuring and numbring of the subiects, is the discouery of every mans estate and faculty, and whereby he gets his liuing, therby to expell all drones out of a commonweale, which sucke the honyIt expels vagabonds & idle persons out of an estate. from the Bees, and to banish vagabonds, idle persons, theeves, cooseners, & ruffians, which live and conuerse among good men, as woolues do among sheepe, spending their lives in theeuing, dising, robbing, drinking and whooring; who although they walke in darkenesse, yet hereby they should bee seene, noted and knowne. And as for the valuation of goods, it is no lesse necessarie than the numbring of persons. Casiodorus speaketh thus, Orbis Romanus agris diuisus censu{que} descriptus est, vt possessio sua nulla haberet incerta, quam pro tributorum susceper at quantitate soluenda, The Romane territories were deuided, and every priuate mans land laid out, that no mans possession should bee vncertaine, the which he had taken for the payment of a certaine rent or tribute. If then a suruey were taken of all the Roman empire, and the lands distributed accordingly, that it might bee knowne what burthen every oneA means to equall the charges and imposts according to every mans estate. was to beare in regard of the goods he inioyed; how much more necessary is it now, when as there bee a thousand sorts of imposts in every commonweale, which the auntients did neuer know? This poynt is of such consequence, as it should suffice, if it serued for nothing else, but to cause every one to bring in a declaration of his goods and reuennues: as was done in Prouence in the yeare 1471: whereby it did afterwardes plainely appeare that the commons were oppressed by the cleargie and nobilitie, if it had not beene prouided for by an edict made by Frauncis the first, in the yere 1534, and by another of his successors: wherupon the three estates of Prouence (beeing growne into great sutes) were called before the Parliament at Paris, where a prouinciall decree was made, That all men of what qualitie soeuer, should pay their charges & imposts according to the register made in the yeare 1471, when as there were three thousand houses charged with a soulz upon the pound, without respect of families or persons, but to the lands subiect to contribution. They were also constrained in the yere 1516 to make a suruey and declaration of all the benefices of this realme, in regard of the tithes, the which by reason of the daily alterations and changes require a newe suruey or numbring: for some Incumbent payes more than a moytie of his benefice, when as another payeth not the thirtith part for the tithes. The like was required by Marill as the kings aduocate for the subsidie of Prouence.

By this meanes the poore mens iust complaints shall be releeued, whom the rich are accustomed to ouercharge, and to free themselves throughout all the realme of Fraunce, as well as in Prouence & Languedocke: By this meanes, mutinies (which are vsuall in euerie commonweale, for the vnequalitie of charges) shall cease: and moreover all sutes depending before Iudges for reliefe, should be quite cut off: byA meanes to auoid concussion and favour in them that make deuision of the subiects. this meanes the concussions, malice or favour of the assessors and other officers, who have charge to make an equall distribution of the tribute or impost, shall bee discouered, or at least the controuersie shall be decided by the Censors register: or else they might put in practise the custome of the antient Athenians, wheras if any one were ouercharged that had lesse wealth than another, hee might force him that was lesse taxed to take his charge, or to change estates with him: as Isocrates, who lost against Lysimachides, and wonne against Megalides.

By this meanes yow shall know who be miserable, who prodigall, which be banquerouts, who rich, which poore, who cooseners, which vsurers, & by what gaines some get so much wealth, and others are oppressed with so great want, and how to redresse it: for that by the extreame pouerty of some, and the exceeding wealth of others, we see so many seditions, trouble, & civill warres arise. Moreouer, all edicts and decrees, and generally all iudgements and sentences touching fines & amercements, should be ordred, and justice equally administred, when as every mansestate were knowne, seeing that the punishment may not exceed the offence. Also, all deceits in mariages, in bargaines and sales, in all priuat & publike negotiations should be discouered and knowne.

I omit a multitude of sutes touching successions, diuisions, and morgages, the which are concealed for the most part, and should bee made plaine by the registers without search, the which should ease the subiects charge, and preuent the falshood of witnesses. It may bee some will say unto me, That it were a hard thing to expose the pouertie of some to be scorned, and the wealth of others to bee enuied. Behold the greatest argument that can bee obiected to hinder so good and commendable a thing. But I answere, That all enuy will cease against those whom they hold to bee rich and are not, and the mockerie against such as have wealth and were held poore. And shall the enuie of the malicious, or the derision of the scorner, hinder so good and commendable a thing? Neuer wise prince nor good law-maker did regard enuie or scorne, when there is question of good lawes. Although this law (whereof question is made) concernes onely moueable goods and not lands. To say, that it is neither good nor comely to know priuate mens wealth or wants, the course, traffike and negotiation of marchants, which consists most commonly in bookes of credit, nor to lay open the secrets of families; I answere, that there are none but cooseners & deceiuers that are loth to have their lives laid open, & their actions knowne: good men that feare not the light, will bee alwaies glad to have their estates knowne, with their qualities, wealth and maner of liuing. An Architect said one day to Liuius Drucius the Tribune, That he would make the lights of his house in such sort, as no man should ouer-looke him: To whom Drusus answered, I pray you make it in such sort A notable answere of a Tribune. as every one may looke into it & see mine actions. Velleius Paterculus who writes the historie saith, that this man was sanctus & integer vitae, of a holy & upright life. But the office of Censor is chiefly against the wicked: And in old times every Roman kept a register of his actions and expences, and of all his goods: But uppon the declining of the empire, when as vices began to spring up, they neglected it, saith Asconius, for that many were condemned by their registers. And I find not that euer any but tyrants theeves and bankerouts hated the office of Censor, and have hindredThe Censor hate full to the wicked all they could the valuation of goods, as I have noted of Tiberius, Caligula, Nero, and Domitian. It is therefore a meere mockery, to pretend that this would bee a meanes for tyrants to oppresse their subiects with exactions: for there is no tyrant so cruell, but he wil more willingly take from the rich than from the poore; whereas for want of a Censor the poore are pinched, and the rich saue themselves. We also see that by the practises of the vsurers & the rich citisens of Rome, of six Censors chosen successiuely in one yeare, not anie one could intend his charge: whereupon the Tribunes making their complaints before the people, said, That the Senatours feared the registers and publike informations, which discouered euerie mans estate, and their actiue and passiue debts, whereby they should find, that some of the Citisens were oppressed by the others, and ruined by the vsurers. And then the tribunes protested, that they would not suffer any debtour to bee adiudged to his creditors, nor inrolled to go to the warres, vntill they had first seene a declaration of the debts, to the end they might prouide as they should find it needfull. Then did the debtors flocke together about the Tribune, to giue him ayd and assistaunce. Why should a good creditor feare to have his debts and contracts viewed, or his lands (lawfully purchased) knowne? why should he hinder the knowledge of his goods, lawfully gotten by his industie and labour? It shalbe alwaies honorable unto him; and if he be an honest man, if he loues the preseruation of the commonweale, and the reliefe of the poore, he will make no difficultie to giue a declaration of his goods for the reliefe of the publike, if need shall require. If he be wicked, if hee bee an vsurer, an extortioner, a publike theefe, and a obber of priuate men, he hath reason to oppose himselfe all he can, that his goods, his life, nor his actions may be knowne: but there is no reason to aske the vinteners aduice if they shall suppresse alehouses; or the strumpet, if they shall put downe the stues; nor of bankers, if they shall abolish vsurie; nor of the wicked, if they should have Censors.

The auntient Greeks and Latines have alwaies spoken of censuring, as of a diuine thing, the which hath alwayes preserued the greatnesse of the Roman empire so long as Censors were in credit. Titus Liuius speaking of king Seruius, who first ordained that euerie one should giue a certificate of his goods, saith, Censuminstituit rem saluberimam The opinion of the auntients touching Censors. tanto imperio, He instituted the office of Censor, a wholesome thing for so great an empire. But after that Censors were created in the Consuls place, and that by little and little they began to take knowledge of the life and manners of euerie one, then began they to respect the Censors, and to reuerence them more than all other magistrats: whereof Titus Liuius saieth, Hic annus Censurae initium fuit, a parua origine ortae, quae deinde incremento aucta est, vt morum disciplinae{que} Romanae penes eam regimen, Senatus, equitum{que} centuriae, decoris, dedecoris{que} discrimen sub ditione eius magistratus, publicorum ius, priuatorum{que} locorum vectigalia populi Romani sub nutu atque arbitrio essent, This yeare was the beginning of the Censors office, springing from a small matter, the which was afterwards so augmented, as hee controlled the manners and discipline of the Romans, the assemblies of the Senate, and of knights, also the distinction of honour and infamie were subiect to this magistrat; and the publike rites, with the reuenues of priuat places belonging to the people of Rome, were censuredThe charge of the auntient Censors. by him. The Censors office then was to receiue the number of the persons, and the valuation of their goods, to be superintendant of the treasure, to farme out the imposts, customes, and all the reuenues of the commonweale, to reforme abuses, to place and displace Senatours, to dismisse the men at armes, and to censure the life and manners of euerie one. Plutarch speakes in a higher stile, tearming the office of Censor, Most sacred and mightie. It may be some will say, that the charge was over great: yet two Censors were sufficient in so great an empire. But their charges may be deuided: for to place and displace Senators, that charge was giuen unto the Censors, to ease the people, saith Festus: the which could not be done in a monarchie, The Censors reformers of abuses. whereas the prince makes choyce of all magistrats, especially of his counsell. Yet it were necessarie, that the ouerseers of the treasure should be true Censors, that is, men without blame or reproch: for you must alwayes commit the purse to the most trustie, and the reformation of abuses to the most upright. As for the reformation of abuses, it is the goodliest thing that euer was inuented in any commonweale, and it hath best maintained the greatnesse of that empire: for euen as the Censors were alwayes chosen out of the most vertuous men of the commonweale, so did they striue to conforme the subiects to the true patterne of honour and vertue. This was done from fiue yeres to five yeres: & after that they had setled the estate of the treasure, and farmed out the reuenues. And if they discontinued this charge (as oftentimes it fell out by reason of the tediousnesse of the warres) then did it plainely appeare, that the people grew corrupted in manners, and that commonweale declined, like unto a bodie which leaues his ordinarie purging: this was manifest during the second Punike warre, when as they had no time to attend that charge conveniently, but as soone as Hannibal was retired into the territories of Naples, then the Censors (saith Titus Liuius) Ad mores hominum regendos animum aduerterunt, castigandaquè vitia▪ quae velut diutinos morbos aegra corpora ex sesegignunt, nata bello erant, The Censors applyed themselves to reforme mens maners, and to punish vices, the which had sprung up by reason of the warres, as continuall feauers doe in sicke and corrupt bodies. And yet they dealt not with any abuses, but such as were not to be censured by the Iudges: for the magistrats and the people tooke knowledge of murthers, paricides, thefts, concussions, and such like crimes, the which are punished by the lawes. Is it not sufficient, will some one say, to punish crimes and offences by the law? My answere is, That the lawes punish those offences onely, which trouble the quiet of a commonweale: and yet the greatest offendors doe easily escape the punishment of the law, euen as great beasts do easily breake through the spiders web. And who is so ill aduised, as to measure honour and vertue by the lawes? Quis est (saith Seneca) qui se profitetur legibus omnibus innocentem? vt haec it a sit, auàm augusta est innocencia adlegem bonum esse: quanto latiùs patet officiornm quàm iuris regula? quàm multa pietas, humanitas, liberalitas, iusticia, fides exigunt, quae extra publicas tabulas sunt! What is he that professeth himselfe an innocent by all lawes? how strict is innocency, to bee good according to the lawe? how much larger are the rules of dutie than of law? how many things doe piety, humanity, liberalitie, iustice, and faith, challenge at ourThe greatest viees are punished by the Censors. hands, the which are not inserted in the publike tables? It is manifest, that the most detestable vices, and that most corrupt a commonweale, are neuer called into iudgement. Treacherie is not punished by the law, beeing one of the most abominable vices: But the Censors (saith Tully) were not so curious of any thing, as to punish periury. Drunkennesse, gaming, palliardise, and loosenesse of life, are suffered with all impunity; and who can redresse these disorders but the Censor? We see most commonweales swarme with vagabounds, idle persons, and ruffians, who by their deeds and examples corrupt good citisens; and there is no meane to expel this vermine, butA necessarie reason to confirme the Censors office. by the Censor. There is yet one speciall reason which shewes that the Censors office is now more necessarie than euer: for that in old times the master of every family had absolute commaund, the father over his children, the master over his slaues had absolute power of life and death, without any appeale; and the husband had the like authority over the wife in foure cases, as wee have shewed elsewhere: but all this now ceasing, what iustice may we expect of the impiety of children against their fathers and mothers? of the ill government of maried couples? of the contempt of masters? How many virgins doe we see sold and dishonoured by the parents themselves, or that rather suffer them to live loosly than to be maried, thinking it better to cast forth their children, or to kill them, than to nourish them? and how can all this be preuented but by a Censor?

I dispute not of the conscience to God, the which is the chiefest and most principal thing that ought to be cared for in euerie family & commonweale; the which care although it hath beene alwayes committed unto Bishops, ministers, and other spirituall officers, yet the magistrat ought to have a speciall regard that it be aboue all things held in reuerence: for although the law of God commaunds that euerie one appeare before him at the three great feasts of the yeare at the least, yet there are some which neuer goe, and so by this contempt of religion, hath sprung up by little and little, the detestable sect of Atheists, which have nothing but blasphemy in their mouthes, and contempt of diuine and humane lawes; whereby do follow infinite murthers, paricides, poysonings, treasons, periuries, adulteries, and incests: neither is it to bee expected, that eyther prince, or magistrat shall reduce those subiects vnder the obedience of the lawes, that have trodden all religion under foot. But this depends of the ouerseears or Censors, who vse diuine lawes when as mans decrees are of no force: for that Legum metus non scelera, sed licentiam comprimit, The feare of lawes doth not suppresse the crimes, but the libertie. There have beene and are at this day infinite numbers, who although they offend not the princes lawes, yet live they most wickedly, and as Lactantius said well, Possunt enim leges delict a punire, conscientiam munire non possunt. Lawes may well punish offences, but they cannot fortifie and amend the conscience. And as for the bringing up of youth (the which is one of the chiefest charges of a commonweale, whereof as of yong plants they should have the greatest care) wee see it is neglected, and that which should be publike, is left to every mans discretion, vsing it at his pleasure, some in one sort, some in another, the which I will not touch heere, hauing treated thereof in an other place. And for that Licurgus said, That thereon consisted the foundation of a commonweale; he appoynted the great Pedonome to be Censor of the youth, and to gouerne them according to the lawes, not at the parents discretion: for as the scope and end of a citie is all one, so the education of all the citisens, according to Aristotles opinion, should be all one: and so did the Atheniens decree by a publike edict, made at the request of Sophocles, knowing well, that in vaine were lawes made, if youth (as Aristole said) were not instructed in good manners. All this depends on the care and vigilancie of Censors, first to have a care of the manners and behauiour of schoolemasters.

I will passe over with silence the abuses which are committed in suffering of commediesCommedies and playes pernitious to a commonweale. and enterludes, the which is a most pernitious plague to a commonweale: for there is nothing that doth more corrupt the citisens good manners, simplicitie, and naturall bountie; the which hath the more power & effect, for that their words, accents, gesture, motions, and actions, gouerned with all the art that may be, and of a most filthy and dishonest subiect, leaues a lively impression in their soules which apply thereunto all their sences. To conclude, wee may well say that the Commedians stage is an apprentiship of all impudencie, loosenesse, whooredome, coozening, deceit and wickednesse. And therefore Aristotle did not without cause say, That they must have a care least the subiects went to commedies: he had said better, That they should pull downe their theaters, and shut the commedians out of the citie gates: Quia (said Seneca) nihil tam moribus alienum, quàm in spectaculo desidere: For there is nothing more contrarie to good manners, than to haunt plaies. And therefore Philip Augustus king of Fraunce, did by a publike edict banish all players out of his realme. If any one will say, that both Greeks and Romans did allow of plaies: I answere, that it was for a superstition they had unto their gods; but the wisest have alwaies blamed them: for although a Tragedie hath something in it more stately and heroike, and which doth make the hearts of men lesse effeminat, yet Solon hauing seene the Tragedie of Thespis plaied, did much mislike it: Whereof Thespis excusing himselfe, said, It was but a play: No (replyed Solon) but this play turnes to earnest. Much more had he blamed Commedies, that were then vnknowne: and now adayes they put at the end of euerie Tragedie (as poyson into meat) a comedie or jigge. And although that comedies were more tollerable among those that dwell in the Southerne parts, beeing more heauie and melancholy by nature, & for their naturall constancie lesse subiect to change; yet should they be vtterly defended to those that live towards the North, being of a sanguine complexion, light and inconstant, hauing in a manner all the force of their soule in the imagination of the common and brutall sence. But there is no hope to see playes forbidden by the magistrats, for commonly they are the first at them.

It is the proper charge of the graue and wise Censors, who will bee carefull to entertaine the honest Gimnasticall exercises, to keepe the bodie in health: and of musike to restraine the appetites under the obedience of reason: I meane musike, which doth not onely signifie harmonie, but also all liberall and honest sciences;Two meanes to maintaine a citie. hauing a speciall care, that this naturall musike be not altered, nor corrupted, as it is at this day, seeing there is no thing that slips more sweetly and insensibly into the interiour affections of the mind. And if we may not preuaile so much as to have the Ionique and Lidian songs, that is to say, the fift and seuenth tunes banished out of a commonweale, and defended from all youth (as both Plato and Aristotle said it was necessarie) at the least let not the Diatonie musike (which is more naturall than the Chromatique or Enharmonique) be corrupted by other medlies: and that the Dorien songs, or of the first tune (the which is proper to sweetnesse and seemely grauitie) be not disguised into manie tunes, and so deuided, as most part of musicians become fooles or mad men, for that they cannot tast of a naturall musicke, no more than a weake stomake corrupted with delicates, can digest good and substantiall meat. All this depends of the Censors dutie: for that neither Iudges no any other officers will euer regard it.

They also complaine of excesse in apparell, and that the sumptuarie lawes are trodden under foot. It shall nueer be reformed, if therebee not Censors to see the lawes executed, as in old time the Nomophylaces, or Law keepers, did in Athens. And therefore an auntient Oratour said, That the Tribune which first restrained the Censors authoritie, had ruined the commonweale: It was Clodius, one of the wickedest men of his time, which law was sixe yeares after disanulled by the law Caecilia.

Seeing then that to censure is so goodly, profitable, and necessarie a thing, let vs now see, if Censors ought to have any jurisdiction: for it seemes it should be but a iest without some jurisdiction. Yet I say, that the Censor ought not to have anyThe Censors ought to have no iurisdiction. jurisdiction at all, to the end that his charge be not intangled with sutes and controuersies. In like sort, the auntient Roman Censors had no jurisdiction; but a looke, a word, and a dash with a pen, was more bloudie, and touched more to the quick, than all the decrees and iudgements of the magistrat. When as they made their scrutiny or suruey, you should have seene foure or fie hundred Senators, the order of horsemen, and all the people stand trembling before them: the Senatour fearing lest he should be put from the Senat; the horseman from his horse, & rankt among the baser sort: and the simple citisen to be rased out of his order and from his line, and placed among the tributaries: as Titus Liuius doth testifie, That 66 Senators were rased at one time out of the register, and excluded the Senat. And yet lest this great honour and authoritie of the Censors should make way to aThe Censors have no power not iurisdiction. tyranny, if they were armed with power and iurisdiction, or if any should be condemned without hearing; it was therefore wel aduised they should haue nothing but the censuring and reformation. And therefore Tully said▪ That the iudgement of the Censors did onely make men blush: and for that it did but touch the name, the Censors correction was called Ignominia, Ignominie; the which differs from infamy, depending upon the Iudge that hath publike iurisdiction, and in causes that L. 1. de ijs qui ntant infam. make men infamous. And therefore the Pretor did note them as infamous, that were cassiered with ignominy, the which had beene ridiculous, if they had beene infamous. And yet the doubt which Lawyers have made, If ignominious men should suffer as the infamous; shewes plainly, that Ignominy and Infamy is not all one, as manie have supposed.

By the auntient custome of Greece, it was lawfull to kill any one, or any of his children that was noted infamous, as the Orator Libanius saith in his pleading for Halirhotius. Now although the Censor had rased any Senator out of the Register booke, yet if he would make petition unto the people he was admitted, and sometimes absolued and restored: but if there were any accuser that did second the Censor, or if the Censor himselfe would accuse any as a priuate man, if the accusedA censure is no iudgement. were found guiltie, and condemned by the people, or by Commissioners deputed by the people, then was he not onely ignominious, but also infamous, and declared incapable euer to beare office: and therfore those which were censured, they were not iudged, but yet they were as a man may say, foreiudged: and if the Censor were an eloquent man, he would oppose himselfe as an accuser of those that would seeke to bee restored against his censure: as Cato did against Lucius Flaminius, making an oration against his filthy and disordred life, hauing rased him out of the register of Senators. But those that were better aduised, and had some hope of restitution, sued for some office, or honorable commission from the people, the which if they obtained, they were freed from all censure of ignominie, or else they were restored by the other Censors five yeares after: if hee did performe neither the one nor the other, he was not admitted into the Senat: neither could a horseman recover his horse nor his ranke. And (Vlpianus speaking of these men) doubts whether they are to be admitted as witnesses. And for the better confirmation hereof, Cicero brings in an example of Caius Geta, who was excluded the Senate by the Censors,Pro Cluentio▪ and yet afterwards he was chosen Censor: and a little after speaking of censuring, he saith▪ That the auntients would have the Censors office to carrie a certaine feare, and not a punishent. The which was partly the cause why the Claudian law was disanulled, the which would not have any Senator excluded the Senat, nor rased out of the registers, if he were not accused before both by the Censors, and condemned by either of them, the which had imbased the office of Censor, being so reuerend, as the Senate of Rome would not permit the Censors (after their charge expired) to bee accused, or called in question for anie thing that they had done during their charge: the which was lawfull against all other magistrats. And it seemes for the same reason the Emperour Constantine did teare the libels of accusation propounded against the Surueilans or Ouerseers at the Councell of Nice, saying, That he would not iudge them that were Censors of euerie mans life. And for the same cause Charlemaine in his constitutions hath made a Canon, That no prelate should be iudged without 72 witnesses, freeing the Pope from the censure of any man: the which hath bene obserued vntill the councell of Constance, where it was decreed, That the Pope should be iudged by the Councell. I will not heere dispute if the ecclesiasticall iurisdiction be well grounded; but it is to be feared, that hauing presumed so much, they are likely to lose both iurisdiction & all ecclesiasticall censure, the which hath alwaies bene of great consequence: for euen as the auntient Diuides (who were antient Iudges and Prelats in Gaule) did excommunicat kingsCaesarin Coment▪ and princes that would not obey their decrees, euen so the ecclesiasticall censure amongst Christians, hath not onely maintained discipline and good manners for many ages, but hath also made Tyrants to tremble, and reduced Kings and Emperours unto reason, pulling oftentimes their crownes from their heads, and their scepters out of their hands, forcing them to make peace or warre, to chaunge their dissolute life, to do justice, and to reforme the lawes. All the histories are full, but there is none so famous, as of Saint Ambrose, who did censure Theodosius the Great, and Nicholas 1 Pope, who censured Lothaire King of Italy: and Innocent, who did excommunicate Lewis 7 King of Fraunce, to whom for three yeres space no priest durst administer the Sacrament.

True it is, that the abuse of a censure of so great consequence, hath made the ministers, the discipline, and their censure to be contemned, the which consisted in interdiction, suspension, and excommunication: for many uppon light causes, and without cause did excommunicate, yea they have set downe 39 causes wherin a man did incurre excommunication ipso facto, without iudgement or sentence; and which is more, they did excommunicate Corporations, Colleges, Vniuersities, Emperours, Kings, and Kingdomes, without distinction of age, sexe, innocents, or mad men, although since (but too late) they have somewhat corrected this abuse: but in this kingdome it was decreed by the statutes of Orleance, that they should not vse any excommunication, but in crimes and publike scandall. The Prelats, Bishops, and Popes, have alwayes pretended the censure of manners and religion to belong unto them, as a thing whereof judges and magistrats take no knowledge, but in case of execution. And since the auntients and ouerseers have used the like prerogative in many places, a thing which is verie necessary, if there be no Censors, as well to reforme the peoples manners, and to watch over them, as to countenance the dignity of Pastors Bishops and Ministers, whom we cannot esteeme and honour too much, for the charge and dignitie which they beare; God did wisely prouide, making choice of his ministers, and giuing the prerogative of honour unto the tribe of Leui, aboue all the tribes, and to the family of Aaron, of the which the Priests only were, aboue all the Leuits, giuing them the tenths of cattell, fruits, and of all heritages, with great honours and priuiledges: and by an article of the law of God it is said, That he that shall disobey the sentence . 17. of the high Priest, shall be put to death. And they that shall abase the estate of the Ministers, Bishops, and Auncients, and seeke to take from them, all ecclesiasticall censure, with their goods and honours, to see them poore and scorned, they contemne God, and regard not religion, the which is a matter verie considerable: andThe pouertie and contempt of the ministers makes religion to bee contemned. it was partly the chiefe cause, why the chiefe Minister of Losanna forsooke the towne, for that the heads of the Cantons could not indure that the Antients should have the censuring of manners: yet the one is most necessarie in euerie well gouerned commonweale, either to create Censors▪ or to submit themselves to the censure of the Bishops.

The Seigneurie of Geneue reserues this prerogative to their Bishops, Ministers, and Auntients, to have the priuiledge of a Corporation, and to censure the lives, and manners of men in their consistorie, and yet without any iurisdiction to commaund, or to execute their sentences, either by themselves, or by the officers of the Seigneurie, but for disobedience they excommunicate him, a matter of greater consequence: for the person excommunicated, after a certayne time is pursued criminally before the magistrate, by the Inquisitour of the faith, as in the catholike church, but not so soone: for there hath beene some one excommunicate fifteene yeeres, and afterwards conuented before the Inquisitor of the faith, who meant to proceed against him, hee hath appealed to the Parliament, where his appellation was reiected, & he condemned in a fine, decreeing, that he should be seized on, and carried to the Bishops prison, commaunding the Inquisitor to proceed in his triall, euen unto a definitiue sentence, and to certifie the Court. It was in those daies, when as it was lawfull to excommunicate any man euen for pettie debts, although the debtors had made it knowne that they had not any thing. But after the edict made at Orleance, and confirmed by the Parliament, the Bishops and Auntients could not vse such censures within this realme. At Lions Mrde Moulin was much discontēted against the consistorie, saying, That under colour of their censure they attempted uppon the temporall iurisdiction, and yet hee blamed it in the catholike church. But taking away suspension, interdiction, and excommunication, the ecclesiasticall censure is of no force, and by the same inconuenience, good manners and discipline is abolished: but there is no reason, that for disobedience in slight matters, they should vse such censures.

The auntient Censors did set notes and marks uppon the registers against those that deserued it, to aduertise their successors in their charge of those that were so noted, if they did not amend. In my opinion that should suffice, and not to proceed against them by any amercements, or to excommunicate them for want of paiment. I leaue it to the wise to decide, whether it bee better to diuide the temporall censure (touching maners & other things aboue specified) from the ecclesiasticall censure, or to ioyne them together. But yet it were better to allow both to the Bishops & Antients, than to take all from them, and thereby to depriue the commonweale of that which is most necessarie: for wee see those estates which doe vse it, to flourish in lawes and good manners: we see whooredome, vsurie, mummeries, and excesse in all things rooted out, the blaspheamer, ruffian, and idle vagabound banished; and without doubt, those commonweales which shall vse such censure, shall continue and flourish in all vertues: they which neglect lawes, vertue, and religion, will bee contemned, as it happened in Rome not long before the ruine of the empire; when as in stead of Censors, they created an office which they called The Tribune of Plaisirs, as we may note in Cassiodorus. But for that the Censors office was first instituted in regard of taxes, subsidies, and imposts, and to make a stocke for publike necessities, let vs also speake of treasure.