The six books of a common-weale (1.2)

A Familie is the right government of many subjects or persons[*] under the obedience of one and the same head of the family; and of such things as are unto them proper. The second part of the definition of a Commonweale by us set downe, concerneth a Familie, which is the true seminarie and beginning of every Commonweale, as also a principall member thereof. So that

Aristotle following Xenophon, seemeth to me without any probable cause, to have divided the Oeconomicall government from the Politicall, and a Citie from a Familie: which can no otherwise be done, than if wee should pull the members from the bodie; or go about to build a Citie without houses. Or by the same reason he should have set downe by it selfe a treatise of Colleges, and Corporations; which being neither families nor cities, are yet parts of a Commonweal. Wheras we see the Lawyers, and law makers (whome we ought as guides to follow in reasoning of a Commonweale) to have in the same treatise comprehended the lawes and ordinances of a commonweale, corporations, colleges, and families; howbeit that they have otherwise taken the Oeconomicall government than did Aristotle; who defineth it to be a knowledge for the getting of goods: a thing common unto corporations and Colleges, as unto Cities also. Whereas we under the name of a Familie, do comprehend the right government of an house or familie; as also the power and authoritie the maister of the house hath over his people, and the obedience to him due: things not touched in the treatise of Aristotle and Xenophon. Wherefore as a familie well and wisely ordered, is the true image of a Citie, and the domesticall government, [*] in sort like unto the soveraigntie in a Commonweale: so also is the manner of the government of an house or familie, the true modell for the government of a Commonweale. And as whilest every particular member of the bodie doth his dutie, wee live in good and perfect health; so also where every family is kept in order, the whole citie shall be well and peaceably governed. But if a man shall be crosse and froward unto his wife, if the wife shall be about to take upon her the office of her husband, and not shew her selfe obedient unto him; if both of them shall account of their children as of servants, and of their servants as of beasts, and so tyrannise over them; if children shall refuse the commands of their parents, and the servants of their maisters; who seeth not no concord to be in that house, no agreement of minds and wils, but all full of strife, brawling and contention? Seeing therfore the way to order wel a citie, leaneth & resteth in the good government of families, as it were upon certain proper foundations: it behoveth us first to have an especiall regard and care for the good ordering and government of families.

Wee said a Commonweale to bee a lawfull government of many families, and of such things as unto them in common belongeth, with a puissant soveraigntie. By the word, Many, you may not in this case understand two, as for most part we do; for seeing that the law requireth at the least three persons to make a College, we according to the Lawyers opinion account three persons also, besides the maister of the house, necessary to make a familie; be they children, or slaves, or men enfranchised, or free borne men which have voluntarily submitted themselves unto the maister of the house or family, who maketh up the fourth, and is yet neverthelesse a member of the family. But for as much as Families, Colleges, Companies, Cities, and Commonweals, yea, and

mankind it selfe would perish and come to end, were it not by marriages (as by certaine Seminaries, or nurseries) preserved and continued, it followeth well that a family cannot be in all points perfect and accomplished without a wife. So that by this account[*] it commeth to passe, there must be five persons at least to make up an whole and entire familie. If therefore there must needs bee three persons, and no fewer, to make a[*] College, and as many to make a familie, beside the maister of the houshold and his wife; wee for the same reason say three families and no fewer to bee necessarie for the making of a Citie, or Commonweale, which should be three times five, for three perfect families. Whereupon (in mine opinion) the auncient writers have called fifteene a people, as saith Appuleius, referring the number of fifteene unto three entire families. For albeit that the maister of the family have three hundred wives, as had Salomon King of the Hebrews; and sixe hundred children, as had Hermotimus king of the[*] Parthians by his multitude of wives; or five hundred slaves, as had Crassus; if they bee all under the commaund of one and the same head of the familie, they are neither to be called a people nor a citie, but by the name of a family onely: Yea although hee have many children, or servants maried, having themselves children also; provided alwaies, that they be under the authoritie of one head, whome the law calleth father of the family, although he yet crie in his cradle. And for this cause the Hebrews, who alwayes show the proprietie of things by their names, have called a family אלף, not for that a family containeth a thousand persons, as saith one Rabbin, but of the word אלוף, which signifieth an head, a Prince, or Lord, naming the familie by the chief therof: better as I suppose than did the Greeks, of οἴκω, or the Latines of Famulis. But what should let (may some man say) three Colleges, or many other particular assemblies without a familie to make a Citie, or Commonweale, if they be governed by one soveraigne commaund? Truly it maketh a good show, and yet for all that is it no Commonweale: for that no Colledge, nor bodie politique can long stand without a familie, but must of it selfe perish and come to nought.

Now the law saith, that the people never dieth, but a thousand yeare hence to be the same that it was before: although the use and profit of any thing granted unto a commonweale be after an hundred yeare extinguished, and againe reunited unto the proprietie,

which proprietie should otherwise be unto the Lord thereof vaine and unprofitable: for it is to be presumed, that all they which now live wil in the course of an hundred yeares be dead, albeit that by successive propagation they be immortal; no otherwise than Theseus his ship, which although it were an hundred times changed, by putting in of new plancks, yet still retained the old name. But as a ship, if the keele (which strongly beareth up the prow, the poup, the ribs, and tacklings) be taken away, is no longer a ship, but an evil favoured houp of wood: even so a Commonweale without a soveraintie of power, which uniteth in one body all the members and families of the same is no more a commonweale, neither can by any meanes long endure. And not [*] to depart from our similitude: as a ship may be quite broken up, or altogether consumed with fire; so may also the people be into divers places dispersed, or els be utterly destroyed, the Citie or state yet standing whole; for it is neither the wals, neither the persons, that maketh the citie, but the union of the people under the same soveraigntie of government, albeit that there be in all but three families. For as an Emot is as well to be called a living creature, as an Elephant: so the lawfull government of three families, with a soveraigntie of power maketh as well a commonweale, as a great signiorie. So Rhaguse one of the least signeuries in all Europe, is no lesse a commonweale, than are those of the Turkes, the Tartars, or Spanyards, whose Empires are bounded with the same bounds that the course of the Sun is. And as a little familie shut up in a small cottage, is no lesse to be accounted a familie, than that which dwelleth in the greatest and richest house in the citie: so a little king is as well a Soveraigne as the greatest Monarch in the world. So Ulisses, whose kingdome was contained within the rock of Ithaca, is of Homer as well called a King, as Agamemnon: for a great kingdome (as saith Cassiodorus) is no other thing than a great Commonweale, under the government of one chiefe soveraigne: wherefore if of three families, one of the chiefe of the families hath soveraigne power over the other two, or two of them together over the third, or all three joyntly and at once exercise power and authoritie over the people of the three families; it shall as well be called a Commonweale, as if it in it selfe comprehended an infinite multitude of citisens. And by this meanes it may chaunce, that one familie [*] may sometimes be greater and better peopled then a commonweale: as was wel said of the familie of Aemilius Tubero, who was head of a family of sixteene of his owne children, all maried, whome he had all under his power, together with their children and servants, dwelling in the same house with him. And on the contrary part, the greatest[*] Citie or Monarchie, and the best peopled that is upon the face of the earth, is no more a commonweale or citie, than the least. Albeit that Aristotle saith, the citie of Babylon (whose circuit in a square forme was so great, that it could scarce on foot bee gone about in three dayes) was to bee called rather a nation, than a commonweale, which ought not, as he saith, to have more than ten thousand citisens in it at the most: as if it were any absurditie to call an infinite number of nations, and dwelling in divers places, governed by one soveraigne commaund, by the name of a Commonweale. By which meanes the citie of Rome (more famous than which was never any) should not[*] deserve the name of a Commonweale, which at the foundation thereof had not above 3000 citisens; but in the time of Tiberius the Emperor, had cessed in it fifteene millions, besides an hundred and ten thousand others dispersed almost throughout the world: not accounting the slaves, the number of whom was ten times greater: and yet in this number were not comprised they of the Provinces subject unto the Empire of Rome, neither the confederat cities, or free nations, who had their Commonweals in soveraigntie divided from the Roman Empire. Which soveraigntie of government is the true foundation and hinge whereupon the state of a citie turneth: whereof all the magistrats, lawes, and ordinances dependeth; and by whose force and power, all colleges, corporations, families, and citisens are brought as it were into one perfect bodie of a Commonweale: albeit that all the subiects thereof be enclosed in one little towne, or in some strait territorie, as the commonweale of Schwitz, one of the least of the confederat Cantons of Suisers; not so large as many farms of this [*] kingdom, nor of greater revenue: or els that the Commonweale hath many large provinces and countries, as [*] had the Persians, which [*] is reported to have had an hundred twentie seven provinces from the uttermost part of India, unto the sea of Hellespontus: or as is now also the commonweale of the Aethiopians, wherein are fiftie provinces, which Pau. Iovius without reason calleth kingdomes; albeit that they have not but one king, one kingdome, one Monarch, one Commonweale, under the puissant soveraigntie of one and the same Prince whome they call Negus.

But beside that soveraigntie of government thus by us set downe, as the strong foundation of the whole Commonweale; many other things besides are of citisens to be had in common among themselves, as their markets, their churches, their walks,[*] wayes, lawes, decrees, judgements, voyces, customs, theaters, wals, publick buildings, common pastures, lands, and treasure; and in briefe, rewards, punishments, sutes, and contracts: all which I say are common unto all the citisens together, or by use and profit: or publick for every man to use, or both together. That is also a great communitie

which ariseth of colleges and corporations of companies, as also of benefits both given and received. For otherwise a Commonweale cannot be so much as imagined,[*] which hath in it nothing at all publick or common. Although it may so be, that the greatest part of their lands be common unto the citisens in generall, and the least part unto every one of them in particular: as by the law of Romulus, called Agraria, all the lands of Rome, at that time containing eighteene thousand acres, was divided into[*] three equall parts, whereof the first part was assigned for the maintaining of the sacrifices; the second for the defraying of the necessarie charges of the commonweale; and the third was equally divided among the citisens; who being in number but three thousand, had to everie one of them allotted two acres: which equal partage long time after continued with great indifferencie, for Cincinnatus the Dictator himself 260 yeres after had no more but two acres of land, which hee with his owne hands husbanded. But howsoever lands may be divided, it cannot possibly bee, that all things should bee common amongst citisens; which unto Plato seemed so notable a thing, and so much[*] to be wished for, as that in his Commonweale he would have all mens wives and children common also: for so he deemed it would come to passe that these two words, Mine and Thine, should never more be heard amongst his citisens, being in his opinion the cause of all the discord and evils in a Commonweale. But he understood not that by making all things thus common, a Commonweale must needs perish: for nothing can be publike, where nothing is privat: neither can it be imagined there to bee any thing had in common, if there be nothing to be kept in particular; no more than if al the citisens were kings, they should at al have no king; neither any harmonie, if the diversitie and dissimilitude of voyces cunningly mixed together, which maketh the sweet harmony, were al brought unto one and the same tune. Albeit that such a Commonweale should be also against the law of God and nature, which detest not onely incests, adulteries, and inevitable murders, if all women should bee common; but also expresly forbids us to steale, or so much as to desire any thing that another mans is. Whereby it evidently appeareth this opinion for the communitie of all things to bee erroneous, seeing Commonweals to have bene to that end founded and appointed by God, to give unto them that which is common; and unto every man in privat, that which unto him in privat belongeth. Besides that also such a communitie of al things is impossible, and incompassible with the right of families: for if in the familie and the citie, that which is proper, and that which is common, that which is publick, and that which is privat, be confounded; we shall have neither familie nor yet Commonweale. In so much that Plato himselfe (in all other things most excellent) after he had seene the notable inconveniences & absurdities which such a confused communitie of all things drew after it, wisely of himselfe departed from that so absurd an opinion, and easily suffered that Commonweale which he had attributed unto Socrates to be abolished; that so he might more moderatly defend his owne. But some will say, that the Massagets had all things in common: yet they which so say, confesse also every one of them to have had his pot, his sword unto himselfe, as also must they needs have their privat apparell and garments also; for otherwise the weaker should bee still spoiled of the stronger, having his garments still taken from him.

Wherefore as a Commonweale is a lawfull government of many families, and of those things which unto them in common belongeth, with a puissant soveraigntie: so is a Familie the right government of many subiects or persons, and of such things as are unto them proper, under the rule and commaund of one and the same head of the familie. For in that especially consisteth the difference betwixt a Commonweale and a Familie:[*] for that the maister of a familie hath the government of domesticall things, and

so of his whole familie with that which is unto it proper; albeit that every house or family be bound to give something unto the Commonweale, whether it be by the name of a subsidie, taxe, tribute, or other extraordinarie imposition. And it may bee that all the subiects of a Commonweale may live together in common, in manner of Colleges, or companies, as did in auncient time the Lacedemonians, where the men apart from their wives and families, used to eat and sleep together by fifteene and twentie in a company: As also in auntient time in Creet, all the citisens of all sorts men and women, young and old, rich and poore, alwaies eat and dranke together; and yet for all that, everie man had his owne proper goods apart, every one of them still contributing what was thought expedient for the defraying of the common charge. Which thing the Anabaptists in our time began to practise in the towne of Munster, hauing commaunded all things to be [*] common, excepting their wives (of whom they might have many) and their apparell, thinking thereby the better to mainteine mutuall love and concord among them: in which their account they found themselves farre deceived. For they which admit this communitie of all things, are so farre from this good agreement of citisens among themselves, which they hope thus to maintaine, as that thereby the mutuall love betwixt man and wife, the tender care of parents towards their children, and their dutifulnesse againe towards them, and in briefe the mutuall love of neighbours and kinsmen among themselves, is quite extinquished; all the kind bond of bloud and kindred (than which none stronger can be imagined for the friendship and good agreement of citisens) being by this meanes taken away. For that which thou shouldest dearely love must be thine owne, and that also all thine: whereas communitie is of the Lawyers justly called of it selfe, the mother of contention and discord. Neither are they lesse deceived, which think greater care to bee had of things that bee common, than of things that be privat; for wee ordinarily see things in common and publick to be of every man smally regarded and neglected, except it be to draw some [*] privat and particular profit thereout of. Besides that, the nature of love and friendship is such, that the more common it is, or unto moe divided, the lesse force it is of: not unlike to great rivers, which carry great vessels, but being divided into small branches, serveth neither so keep back the enemie, neither for burthen: in which maner love also divided unto many persons or things, looseth his force and vertue. So the lawfull and certaine government of a familie, divideth every privat mans wives and children, servants and goods, from all other mens families; as also that which is unto every particular man proper, from that which is to them all common in generall, that is to say, from a Commonweale. And withall in every well governed Commonweale we see the publick magistrat to have a certaine especiall care and regard of the privat goods of orphans, of mad men, and of the prodigall: for that it concerneth the Commonweale to have their goods preserved unto them to whome they belong, and that they be not embeseled. As in like case the lawes oftentimes forbiddeth a man to procure, to alienat, or to pawne his own goods or things, except upon certain conditions, as also unto certaine persons; for that the preservation of every privat mans goods in particular, is the preservation of the Commonweale in generall. And yet neverthelesse although[*] lawes be common to al, it is not inconvenient, but that families may have their certaine particular statutes for themselves and their successors, made by the auntient heads of their families, and confirmed unto them by their soveraigne Princes. As we have example in the most honourable nation of the Saxons, amongst whome are many families, which use certaine their owne privat lawes, quite differing both from the lawes of the Empire, and from the common lawes and customs of Saxonie. And betwixt the dukes of Bavaria, and the Counties Palatines there are also their particular lawes, as well for the lawfull succession in the inheritance of their houses, as in the right of the Electorship, which is in these two honourable houses, alternative, by the auntient decrees of their predecessors: which laws & customs the duke of Bavaria, with great instance required to have renewed at the diet of the Empire at Auspurge, in the yere 1555 which is not so in the other families of the Electors. Betwixt the houses also of Saxonie and Hess, are their domesticall and proper laws [*] confirmed unto them by the Emperour Charles the fourth, and Sigismund. In like maner it was decreed betwixt the houses of Austria, and Bohemia, that for lack of heirs male, the one of them should succeed into the inheritance of the other, as we see it is now come to passe. And not to go further than this [*] Realme, I have seene a charter of the house of Laval granted by the King, and confirmed by the Parliament of Paris, directly contrarie to the customes of Anjou, Britagne, and Mayne, wherein the most part of their inheritance lie: by which Charter the first inheritor (able to succeed) is to enioy all, being not bound to give any thing unto his coheirs, more than the moveables; with charge, that the heire male shall beare the name of Guy de Laval; or of Guionne, if she bee an inheritrix, and the armes plaine. In like manner in the houses of Baume, Albret, and Rhodez, the daughters by the auntient lawes of their auncestors, were excluded both in direct and collaterall line from inheriting, so long as there were any males in what degree soever; deriving as it were into their families, the law Salique, usual unto the Princes of Savoy. Such lawes of families, which the Latines had also, and called them Ius familiare, were made by their auncestors and chiefe of their families, for the mutuall preservation of their inheritance, name, and auntient armes; which may in some sort well be suffered in some great and honourable families: which privat lawes and customs by us thus spoken of, have oftentimes preserved from destruction, not onely families, but whole commonweals; which was the cause that in the diet at Auspurge in the yeare 1555, the Princes [*] of the Empire after long civill warre, wisely renewed the auntient lawes of great houses and families, as having well perceived that by that meane the Empire was to be preserved from ruine, and the state of Almaigne from a generall destruction. Which for all that, is not to take place in other obscure and particular base families, to the intent that the publick lawes, so much as is possible, should be unto all men common and the selfe same. For it is not without great cause to bee suffered, that the lawes of privat families should derogat from the customes of the countrey, and so, much lesse from the generall lawes and ordinances. Neither are they which come after, by this law of families by their grand-fathers, & great grand-fathers made, contrarie to the common customs and lawes, further bound than they themselves shall thereunto give their consent. For which cause the successors of the house of Albret, of Laval, and of Montmorency obtained decrees from the Parliament of Paris, contrarie to the auntient charters of their predecessors; for that they were contrary unto the customes of those places, when question was of the successions of Laval, of the Countie of Dreux, and of Montmorency, which they would make indivisible, contrarie to the custom of the Viscomptie of Paris: For it beseemeth that the customes of families should bee subiect unto the lawes, in like maner as the heads of families are subject unto their soveraigne Princes. Much lesse are the lawes of families and kindreds, allowed by the decrees of the Romans, to be be suffered, least for the privat the publick should be neglected: as Camillus complained with Livie, [*] What (saith he) if the sacred rites of families may not in time of warre be intermitted, pleaseth it you that the publick sacrifices and Roman gods should even in time of peace be forsaken? For it was a law of the twelve tables conceived in these words, Sacred privat Rites, firme be they for ever: which M. Tullius translated into his lawes. And thus much in generall, concerning the similitude and difference of a Commonweale and Familie: now let us discourse also of the singular parts of a Familie.