The six books of a common-weale (1.5)

THe third part of the government of a Familie dependeth of the power of the Lord oues his Slaues, and of the Maister over his seruants; and in their mutuall duties one toward another. For the[*] very name of a Familie, came of Famulus and Famulatio, for that it had in it a great number of Slaues: and so of the greatest part of them that are in subiection in the Familie, men call all the whole houshold a Familie; or els for that there was no greater meanes to gather wealth than by slaues

and seruants, which the Latines call Famuli, the auntients not without cause have called this multitude of Slaues and seruants a Familie. And Seneca willing to show of what moderation a Master ought to be toward his Slaues, saith our ancestors to have called the head of a Familie, Father of the Familie, and not Lord. And for that the whole world is full of Slaues, excepting certaine countries in Europe (which since also by little and little receiue them) it is needfull here to reason of the power of Lords and Maisters over their Slaues, and of the profits and disprofits which may redound unto a Commonweale, if slauery should againe be called into vse: a question of great moment not for Families and societies onely, but for all Commonweals also in generall.

Now every Slaue is either naturall, that is to wit, begotten of a woman Slaue, or

made a Slaue by law of armes; or by some crime committed (whome men call a slaue[*] to punishment) or one which hath for money departed with his libertie, or hath plaid away his libertie, as did in auntient time the Almans: or else such an one as hath voluntarily vowed himselfe to be a perpetuall Slaue unto another man; as was the manner of the Hebrewes. The prisoner in warre was Slaue unto the vanquisher, who was not bound to put him to his ransome, if it were not otherwise agreed upon; as it was in auntient time in Greece, that the Barbarian prisoner taken in warre, might bee put to the chayne, and kept as a Slaue; but as for the Greeke, that he should be set at libertie in paying for himselfe a pound of gold. The like law almost was made amongst the Polonians, [*] where it was decreed by the States, That all enemies taken prisoners in iust wars, should remaine Slaues unto the vanquishers, except the king would pay two Florins for every head. But he that had paid the ransome of any prisoner, was bound to set him at liberue, hauing againe receiued his money: otherwise he might keepe him, not as his Slaue but as his prisoner; according to the most auntient law of the Greeks, which from them deriued unto the Romans was afterward in vse with all nations. As for debtors, prisoners unto their creditors, although it were lawfull by the law of the twelue Tables, to diuide them in peeces amongst their creditors, giuing to some more, some lesse, according to the proportion of every mans debt, if they were not able to[*] pay: yet for all that so it was, that if he had one creditour, he could not take from him his life, and much lesse his libertie, a thing much dearer than life. For the father might well sell, chop, and chaunge his children, yea and take away their lives also, but yet could not take away their liberue: for the good and noble hart would alwaies rather chuse to dye honestly, than vnworthly to serue as a base Slaue. And that is it wherfore the law of the twelue Tables (which adiudged the debtor not able to pay, unto the creditor) was shortly after at the request of Petilian Tribune of the people, taken away, and a decree made, That from that time forward the debtor should no more bee adiudged unto his creditor, or divided in peeces among his creditours, neither by them for his debt be detained; yet reseruing unto the creditor power to ceise upon his goods, or by other way of iustice to come by his debt, so as he saw he might by reason: which law continued firme and inuiolat 700 yeares, unto the time of Dioclesian, who caused the same law afterward to be published upon paine of death.

And thus much concerning all sorts of slaues: for as for them which are taken by theeves or pirats, or by false titles are sold for slaues, they continue neuerthelesse free, and in tearms of right may do all lawfull acts. As for other domestical seruants, which for wages or without wages do their seruice, they cannot by contract or agreement[*] whatsoeuer, doe any thing preiudiciall to their libertie: neither in receiuing any legacie upon condition be it neuer so little seruile: neither can the slaue himselfe when hee is manumised, promise unto his lord that hath set him at libertie, any thing preiudiciall unto his libertie, other than the seruices ordinarie & agreeable unto all such as are enfranchised.

And this is it for which the Arrests of the Parlement of Paris have oftentimes disanulled the contracts of seruants free borne, which have bound themselves upon a paine to serue certaine yeres: which neuertheles they yet do in England & Scotland, where the maisters after the terme of seruice expired, comming before the Iudges[*] of the places, enfranchise their seruants, & giue them power to weare their caps; which was the auntient marke of a slaue newly enfranchised, to cover his shauen head vntill his haire were growne: which gaue occasion unto Brutus after that Caesar was slaine, to cause certaine money to be coined * with the impression of a cap upon it; as hauing set[*] at libertie the people of Rome. And after the death of Nero, the common people went up and downe the streets with caps upon their heads, in signe of their libertie. And king Eumenes after the death of Mithridates, comming to Rome, and with his cap on his head entring the Senat, acknowledged himselfe to hold his libertie by the people of Rome. Now albeit that domesticall seruants be not slaues, and that they may do such acts of libertie as free men may, bee it in iudgement or out of iudgement; yet are they not as simple mercinarie men which labour for their daies wages, ouer whome[*] he that hath hired them hath neither power nor commaund, nor any manner of correction, as the maister hath over his domesticall seruants, who owe seruice, honor, and obedience unto their maisters, so long as they are in his house, and may with moderat discretion chastice and correct them. For domesticall seruants ought to reuerence their maister, and do them all honest seruice and duties: wherof, for that they have a mutuall comportment one of them towards the other, and belong unto morall discipline, we will not in this place reason.

But as concerning Slaues, there are two great difficulties, not yet resolued upon: the[*] one, Whether slauerie be naturall & profitable to a Commonweale, or contrarie unto nature, and vnprofitable? the other, What power the lord of right ought to have over his slaue. Concerning the first point, Aristotle is of opinion that the seruitude[*] of slaues is of right naturall: and to proue the same, We see (saith he) some naturally made to serue and obey, and others to commaund and gouerne. But Lawyers, who measure the law not by the discourses or decrees of Philosophers, but according to the common sense and capacitie of the people, hold seruitude to be directly contrarie vnto

nature; and do what they can to maintaine libertie, still interpreting such things as are obscure and doubtfull (whether it be in the lawes, or in testaments, in couenants, or iudgements) so in favour of libertie, as that they giue no way either to lawes or to testaments: And if so be that the force of the lawes be so great and so plaine as that they may not swarue from them yet do they protest that bitternesse of the lawes to displease them, calling it hard and cruell. But of these two opinions wee must chuse the better. Now many reasons there bee to proue that seruitude is profitable unto the Commonweale, and also agreeable unto nature: For every thing that is contrarie unto nature, is of no long continuance: and if you would force it against nature, yet will [*] it of it selfe againe returne unto the naturall course thereof; as is plainly seene in all naturall things. But seruitude seemeth to have taken the beginning thereof immediatly after the generall deluge; and euen so soone as any forme of a Commonweale was to be seene, and so hath alwaies euer since continued: and although seruitude in these latter times was left off, for about three or foure hundred yeares, yet is it now againe approued, by the great agreement and consent of almost all nations; yea the people of the West Indies, which are three times greater than all Europe, who neuer heard speech of the lawes of God or man, have alwaies bene full of slaues; neither hath there bene any Commonweale in the world, which hath not had slaues in it: yea the holiest men that euer lived have used them: yea and that more is, in every Commonweale the lord had power over the goods, the life and death of his slaue, except some few, where the Princes and lawmakers haue something moderated this power. Now like it is not, that all people and nations in euerie place, so many kings and princes, so many lawmakers (men for their vertue and experience most famous) would with so great consent, and so many worlds of yeares, have receiued slaues, if it had bene a thing repugnant vnto reason and nature. And what can be more agreeing unto curtesie and naturall reason, than after victorie obtained, to saue them whome thou hast taken prisoners in iust warre, to giue them meat, drinke, and cloathing, & with great charitie to releeue them? & for so great benefits to exact of them only their seruice & labor? is it not much better than in cold bloud to kill them? And this was the first beginning of slaues. Now whereas it agreeth also with the lawes of God and man, that he that hath not wherewith to pay for the fault by him committed, should be punished in his bodie; is it not better and more curtesie to have him kept to labour in the publicke works? whereof such were also called seruants to paine, another kind of seruitude. In like sort, he that shall vniustly lie in wait for another mans goods, life, or state; what doubt is there but that he is a verie theefe and robber and deserueth death? Then is it not contrarie unto nature, to saue him for labour, in stead of putting him to death: for the word Seruant, commeth of sauing, albeit that some vnskilfull Grammarians reprehend Iustinian in so saying. Now if it were contrarie unto nature, that one man should have power of life and death over another, there should be neither kingdoms nor seignories, which were not contrarie unto nature, seeing that kings and monarches have the same power ouer their subiects, be they lords or slaues, if they once fall into any capitall crime.

These arguments have some good show to proue that seruitude is naturall, profitable,[*] and honest, but it may well be answered. I confesse that seruitude is well agreeing unto nature, when a strong man, rich and ignorant, yeeldeth his obedience and seruice unto a wise, discreet and feeble poore man: but for wise men to serue fools, men of understanding to serue the ignorant, and the good to serue the bad; what can bee more contrarie unto nature? except a man should thinke it reasonable for a wise counsellour to be ouertuled by his foolish Prince; or a sober and temperat seruant to bee gouerned

by his bedlem and riotous Maister. As for them that thinke it a charitable courtesie, in[*] vniust warres to have saued the lives of their prisoners whome they might have killed, it is the charitie of theeves and pirats, who brag themselves to have giuen life unto them whome they have not depriued of life. For oftentimes it commeth to passe in vniust warres, (as are for most part those that are made by the mightie) that good men are most miserably and shamefully enforced to serue the wicked. And if the vanquished have wrongfully and without cause (as theeves) made warre, why then put they them not to death? why take they not of them exemplarie punishment? why take they them then vnto mercie, seeing that they are theeves. As for that which is said, That seruitude could not have continued so long if it had bene contrarie unto nature: true it is in things meerely naturall, which according to their naturall proprietie follow the immutable ordinance of God: but hauing giuen unto man the choice of good & euill, it chaunceth oftentimes to the contrarie; him to chuse the worse, contrarie to the law both of God and nature: in whom his corrupt opinion hath so great power, that it passeth in force of a law, of greater power than nature it selfe; in such sort, that there was neuer so great impietie or wickednesse, which hath not bene esteemed for vertue and godlinesse. Let one example serue for many. We know right well that there can be no more cruell or detestable a thing than to sacrifice men, and yet there are almost no people which have not used so to doe, who all for many ages couered the same with the vaile of pietie and religion: as yet unto this our age they of Peru and Brasiles doe, and certaine other people upon the riuer of Plat; unto which so prophane sacrifices our auncestors for all that with great deuotion resorted. With like pietie and deuotion the Thracians also used to kill their fathers and mothers, growne weake with age, and so afterwards did eat them, to the end they should not languish with sicknes, nor being dead become meat for wormes; as they aunswered the Persian king. Neither must we say that there were none but the auntient Gauls that sacrificed men; which indeed they did unto the time of Tiberius the Emperour: for long time before, the[*] Amorits and Ammonits vsed to sacrifice their children: neither was it a solemnitie among the Barbarians onely, as generally among the Scythes (as Plutarch writeth) but also among the Greeks (in whome ciuilitie nor onely rested, but euen from whome it was unto all other nations deriued): for Achilles (as Homer reporteth) sacrificed unto his dead friend Patroclus with the slaughtar of men [*] Themistocles also in the Persian warre, sacrificed three men; as did the Persian king at the same time twelue: neither could Iupiter Licius (as is reported) be otherwise appeased but by the slaughter of man, led by the ambiguitie of an old Oracle, and of the Greeke word ⋯, which without accent signifieth either Light, or a Man. M. Tullius detesteth our auncestors, for that they sacrificed with mans blood: but that he spoke as an Orator, and as best serued his cause: for M. Varro attributeth it to all the people of Italie: as also the manner of vowing in the sacred spring time to haue bene, that whatsoeuer man or beast was that yere first borne should be sacrificed. A man might also bring for example [*] Iephte general of the armie of the Israelites, who is reported to have sacrificed his daughter unto almightie God, much about the same time that Agamemnon king of the Greeks sacrificed his daughter Iphigenia [*] (whereof some well learned men haue made Tragedies) although that he sacrificed nothing unto God but the virginitie of his daughter; as the Hebrew text plainly declareth; and as Rabbi Leui, and the other Hebrew interpetors all agree. How beit other people did the like with great pietie and deuotion: which proueth well that we must not measure the law of nature by mens actions, bee they neuer so old and inueterat: neither thereof conclude, that the seruile estate of slaues is of right naturall: as also much lesse to attribute it to charitie, or to courtesie, that the people in auntient time saued their prisoners, taken in warres, whome they might have slaine; to draw a greater gaine and profit from them as from beasts. For who is hee that would spate the life of his vanquished enemie, if he could get a greater profit by his death than by sparing his life? Of a thousand examples I will produce but one. At the siege of Ierusalem under the conduct of Vespasian, a Roman souldier hauing found gold in the entrails of a Iew that was slain, made his companions therwith acquainted, who forthwith cut the throats of their prisoners, to see if they had also swallowed any of their crownes; so that in a moment there were slaine [*] aboue twentie thousand of those Iewes. O faire example of charitie towards captiues! But say some, they are nourished, they are well entreated for their seruice: but how I pray you are they nourished? and for what seruice doing? Cato the Censor (reputed the best and wisest man of his time) after that he had drawne all the seruice and profit he could from his slaues, euen vntill they were growne crooked with age, so that he could wring nothing more from them, set them then to sale to such as would giue most for them, to draw yet from them the verie price of their blood which yet remained in them, least he should be enforced to nourish them for nought, now growne impotent with age, or else bee faine to kill them, or to set them at libertie; in such sort that the poore slaues in recompence of all their seruice made, were drawne to the gallows by their new masters: not yet so happie as Pallas her mule in Athens, which growne old went about whither she list vnhalt⋯ed, no man daring in her old age to load or charge her. And whereas there is nothing more holy or more naturall giuen by God vnto mankind, than mariage; yet so it is, that it was not permitted unto slaues: yea in case that a free man taken captiue had a child lawfully begot by his wife; if the father died in the hands of the enemie, although the mother returned into her libertie, yet neuerthelesse was the child reputed illegitimat.

What should I rehearse the execrable and profuse filthinesse of both sexes, which[*] the poore slaues heretofore were and yet are enforced to endure and suffer? But as for crueltie showed upon them, it is incredible that we read, and that a man might speake of, if but the thousand part thereof were written: for Authors would thereof say nothing,

if good occasion were not giuen; and we have not but the histories of the most civill people that euer were in the world. For they were enforced to till the ground in [*] chaines (as yet they do in Barbarie,) and to lie in dungeons, the ladders being drawn up from them, as they yet do in all the East for feare they should be lost, or that they should set fire on the house, or otherwise kill their maisters. Now as for euerie light offence of the slaue, except he were of great price, it was so rigorously punished, as that to have broken a glasse was unto him death: as for example, the Emperour Augustus being at supper in the house of Vedius Pollio, it chaunced one of the slaues to breake a glasse; who hauing done no other fault but that (as saith[*] Seneca) was forthwith drawn unto a pond of Lampreis, which were fed with mans flesh: whereat the poore slaue crying out, fled unto the feet of Agustus, entreating him, not for his life, but that hee might not after he was put to death be eaten up of those fishes, for hee found himselfe worthie of death for the glasse he had broken: but the common opinion was, that the soule of the drowned neuer passed over into the[*] Elysian fields; or els that it died together with the body: as Synesius writ of his companions sailing to Alexandria, who in a tempest sodainly risen, seeing the outragious violence of the Sea, drew their swords to cut their owne throats, so to giue way unto the soule, which they thought otherwise to be in daunger to be drowned together with the bodie: so much the poore slaue feared to be eaten up of the fishes. But Augustus moued with compassion (as saith Seneca) pardoned the slaue, causing all the rest of the glasses to be broken, and the pond to bee filled up. Yet Dion the Historiographer, reporting the same historie, saith that Augustus could not obtaine pardon of Pollio for his slaue, neither to haue commaunded the pond of Lampries to have bene filled up, than which nothing was more pretious amongst the Remans: which for all that seemeth to have bene more probable, seeing that Seneca confesseth Augustus to have bene therwith contented, neither to haue bene therefore angrie with his friend Pollio. And to shew that this was no new matter more than two hundred yeares before,[*] Quintus Flaminius a Senator of Rome, caused one of his slaues to be slaine, for no other cause but to gratifie and please his Bardache, which said that he had neuer seene a man slaine. Now if it chaunced the maister to be flame in his house, by whomsoeuer that it was, all the slaues that at the same time were under the same roofe, were put to death euerie mothers son. As chanced at the murther of Pedanius great Pretor of Rome when question was made of putting to death al his slaues, following (as saith Tacitus) the auntient custome, the common people being for[*] the most part men enfranchised, fell in mutinie, for that they knew well the murtherer was but one, & yet neuerthelesse there must be put to death 400 of his slaues, all innocent of the fact: neuerthelesse the matter being debated in the Senat, it was there resolued, That the antient custome shuld be kept, & so accordingly al the slaues were put to death. Her passe the murthering of slaues, enforced to kill one another in the lists, or to be torne with wild beasts, so to giue pleasure unto the people, and to breed in them a contempt of death. And although the law Petronia had forbidden slaues without cause to be cast unto the wild beasts: yet was it neuer obserued, no more than the edict of the emperour Nero, who was the first that appointed commissioners to heare the complaints[*] of slaues: and after him the emperour Adrian ordained that inquisition should be made against such as had maliciously without cause slaine their slaues: how beit that long time before they were culpable as murtherers, by the law Cornelia: but that was holden in no regard, and all that the poore slaues could do to saue themselves from the fury of their maisters, was to flie unto the images of the gods, or of the emperours. For neither the temple of Diana in Rome, which king Seruius (himselfe the sonne of a slaue) had appointed as a sanctuarie for slaues; neither the image of Romulus, which the Senat had of long time appointed for the selfe same purpose; neither the Sepulcher of Theseus at Athens; neither the image of Ptolemee at Cyrene; neither the temple of[*] Diana at Ephesus, could defend the slaues from the furie of their angrie lords and masters. Howbeit that by the law of the Ephesians the slaue which without iust cause had fled unto the temple of Diana, was againe restored unto his master, being before sworne not therefore to entreat him euill: but if the cause of his flight were iust, then was he taken from his master and made seruant to Diana: except women, who might not enter into her temple. But Tiberius of all other tyrants that euer were, the most craftie in his old age, appointed his image for a sanctuarie, propounding capitall punishment unto all such as should by violence draw any slaue from the same; to the intent that by that meane the slaues might for the least occasion come to accuse their masters, yea euen of high treason. Insomuch that as Seneca writeth, a certaine Senator fearing to bee bewraied of his slaue, craued pardon of Tiberius for that he had but bene about to touch his chamber pot with a ring upon his finger, wherein the image of Tiberius was engrauen. In such sort, that the images of the emperours, but especially of tyrants were as snares to entangle the magistrats in, who oftentimes secretly murthered their slaues, for hauing recourse unto the images, so soone as they were returned thence. But the law of God had therefore much better prouided, appointing euerie mans house for a sanctuarie unto the slaue flying from his master, forbidding to restore him againe unto his maister whilest he was yet in choller. For all masters are not of like discretion to Plato, which said to his slaue, That he would sharply have corrected him, but that hee was angrie: whereas the Germans (as Tacitus saith) neuer punish their seruants or children but in their rage, and that as if they were their enemies. Thus we see the lives of masters not well assured against their slaues; and the lives of slaues much lesse against their masters. For who could assure himselfe of his life, or of his goods in the time of the tyrannie of Sylla, who had proposed thirtie Sesterties unto free men, and unto bond men liberty, as a reward if they should discover their masters, or bring in the head of any one of them that were by him proscribed? In which feare the citisens were, vntill that threescore thousand of them being slaine, and so the state in a manner againe appeased, a certaine slaue yet presented unto Sylla the head of his lord & master, whom Sylla for so doing according to his promise set at liberty, but by and by after caused him to be cast headlong from the rocke Tarpeia. At such time also as persecution grew hot against the Christians, there was no Christian master but was in daunger of his life, or els glad to set at libertie his slaues. But the feare of persecution once ceasing, the lords and masters themselves became tyrants over their slaues.

So the state of Families and Commonweals is alwaies in daunger of trouble and ruine,[*] by the conspiracie of slaues combining themselves together: all Histories being full of seruile rebellions and warres. And albeit that the Romans were right great and mightie, yet so it was that they could not let the slaues to rise against the state in al the

townes of Italie except Messana: and afterwards for all the lawes they could make, they could not preuent but that threescore thousand slaues rise in rebellion under the conduct of Spartacus, who in set battaile ouerthrew three armies of the Romans. For it is most certaine, that in euerie country whatsoeuer, there was at least ten slaues for one free man: as it is easie to iudge by the musters taken in Athens, where for twentie thousand citisens were found ten thousand strangers, and foure hundred thousand slaues. And Italie (victorious over all nations) had many moe, as a man may perceiue by the Oration of Cassius the Senator, whereby he persuaded the Senat for the confirming of Sylla his decree: We have at home (said he) whole nations of slaues much differing among themselves in manners, fashions, language, and religion. And namely M. Crassus alone had five hundred slaues, who daily brought in unto him the profit of their gainfull arts and trades; besides them whome he imployed in his ordinarie and domesticall seruice. Milo also in one day set at libertie 300 slaues, least they should have bene put to torture to depose concerning the death of Clodius Tribune of the people. And that multitude of slaues was it for which the Roman Senate, desirous to put a difference in the habit of slaues, to the intent to have them knowne from free men: one of the grauest Senators dissuaded the same, showing the daunger like to ensue thereof, if the slaues should begin to enter into the number of themselves; for that so they might easily dispatch themselves of their maisters, for the easinesse of their rising into rebellion, and the difference of their habits. unto which daunger Africke & some part of Spaine should be subiect, if there were such a multitude of slaue as in times past: for that they marked their slaues in the face, which they did not in auntient time, except such of them as were villanous and sturdie knaues, who were thereof called Stigmatic; who at any time beeing manumised, could for all that neuer enioy the full fruit of their libertie or the priuelege of citisens: marking the rest upon their armes. And this was it for which the Lacedemonians seeing their slaues to multiply exceedingly aboue the citisens (for the hope their masters gaue them of libertie which could get most children, and for the profit every man drew out of them in particuler) made a decree that three thousand of them such as had the most able bodies should bee taken up for the warres: whome so pressed out, they forthwith caused to be all in one night slaine, and that so sodainly and secretly, as that no man knew what was become of them, more than they which had the doing of the matter.

Now this feare that Cities and Commonweals had of their slaues, was the cause[*] that they neuer durst suffer them to beare armes, or to be enrolled in their musters, and that upon paine of death: and if by necessitie they were constrained to take their slaues, they at the same time freely set them at libertie. As did Scipio Africanus the Greater, who after the great ouerthrow of Cannas manumised 300 of his slaues, al able bodies. Howbeit that Florus writeth, That arms were giuento 8000 slaues; which we also read

to have bene done in the confederat warre. But Cleomenes king of Lacedemonia finding himselfe vnable to withstand the multitude of his enemies, as also of his slaues, his citisens being for the most part slaine; in his so great necessitie proclaimed libertie to al such slaues as were able to pay fiftie crownes for their heads: in which doing he prouided himselfe both of souldiors and money. Yea not so much as the effeminat people of Asia used their slaues in warres, except the Parthians, who might not by their lawes manumise their slaues, whom they made almost as much of as of their children: wherby they grew into such a multitude that in their armie wherwith they put to flight the power of M. Antonius, consisting of fiftie thousand men, there was but 4500 free men, as we read in Iustin: yet had they no cause to rebell, being of their masters so well entreated. But as for other people they were so mistrustfull of their slaues, as that sometimes they would not have them to serue in their gallies before they were enfranchised: as did Augustus, who at one time set at libertie twenty thousand to serue him in his gallies. And for feare they had least they should conspire together against the state, to keepe them alwaies busied in other mechanicall arts, Lycurgus amongst the Lacedemonians, and Numa Pompilius in Rome, forbad their owne citisens to vse any manuall occupation. And yet they could not so well prouide, but that euer there was some one or other desperat man, who propounding libertie unto slaues, still robbed the State. As Viriatus the Pirat, who made himselfe king of Portugall: Cinna, Spartacus, Tacfarinas, [*] and Simon the son of Gerson, captaine of the Iewes, who all of base companions made themselves great lords, by giuing libertie unto the slaues that followed them. And the civill warres yet continuing betwixt Augustus and M. Antonius, was not to be seene but fugitiue slaues stil on the one side or the other: in such sort, as that after the discomfiture of Sex. Pompeius, there were found thirtie thousand slaues which had taken part with him, whome Augustus caused to be apprehended through his dominions, and by a prefixed day to be againe restored unto their masters, commaunding the rest to bee hanged that had no masters to lay claime unto them; as we read in Appian. And in truth the power of the Arabians grew by no other meanes. For as soone as Homar one of Mahomets licutenants, had begun to raise warre in Arabia, and promised libertie unto the slaues that should follow him, he drew such a number after him, that in few yeares they made themselves lords of all the East. The fame of which libertie, and the conquests made by those slaues, so encouraged the slaues of Europe, that they began to take up armes, first in Spaine in the yeare 781, and afterward in Fraunce in the time of Charlemaigne, and of Lewes the godly; as is to bee seene by their Edicts then made against the conspiracie of slaues. And after that also Lothaire the sonne of Lewes, hauing lost two battels against his brethren, called the slaues unto his aid with promise of libertie: who afterwards gaue the ouerthrow unto their masters in the yere 852. When sodainly this fire took such hold in Germanie, where the slaues hauing taken up armes, so troubled the state of the German princes and cities, that Lewes king of the Almans was constrained to raise all his forces to subdue them.

And this was the cause that the Christian princes by little and little released their

[*] seruitude, and enfranchised their slaues, reseruing onely unto themselves certaine seruices, and the auntient right of succession, if their enfranchised slaues should chance to die without issue: a custome yet in vse in all the lower Germanie; as in many places in Fraunce, and England also. For as yet many remembrances of bondage remaine in the Christian Commonweale: as is to be seene in the lawes of the Lombards & Ripuaires whereby slaues could not have their iust libertie, or alienat their goods, vntill they had bene twice manumised: and oftentimes the lord or master ioyned unto the act of infranchisment, That it was done for the health of his soule. For they which first laid the foundation of the Christian Commonweale, had nothing in more regard, than to find the means how Christian slaues might be set at liberty: so that in hope therof many of them oftentimes became Christians; & their masters for the health of their souls were content so to enfranchise them. Wee also read in the Histories of Africk, how that Paulinus bishop of Nolo, after hee had sold all his goods to redeeme Christian slaues, at last (which a man would wonder at) sold himselfe also unto the Vandales for his brethren. And hereof came the manumission of slaues made in churches before the bishops. Whereof, in the raigne of Constantine the Great, ensued such a multitude of poore and needie men, who had nothing but their libertie to live upon (of whome the most part would do nothing, and the rest could do nothing) as that cities were with nothing more charged than with them. Hereof, began the almes-houses, and [*] hospitals, for the reliefe of little children, of the aged, of the sicke, and of them that could not labour, to be erected and endowed by the Christian princes, at the requests of the bishops. Hereof S. Basil in his sermons complaineth, that the cries and gronings of the poore and weake were in the Churches confounded and mingled with the songs and prayers of the Priests. Much about which time Iulian the Apostata in despite of the Christians[*] exhorted the Pagan bishops by the example of the Christians to the building and endowing of almes-houses and hospitals for the reliefe of their poore. And for that poore men set at libertie, did oftentimes lay forth their children to bee brought up of the charitie and liberalitie of the Christians: Gratian made a law, That the children so exposed and left unto the world, should be slaues unto them that had so nourished and brought them up. And not long after, Valens the Emperour by an Edict gaue power to euerie man to take up the vagrant and idle persons, and to cause them to serue them as slaues; forbidding also and that upon paine of death, any to goe into the woods or deserts there to live as Her⋯ts; of whome he caused a great number which had contrarie to his Edict so gone out, to be executed; to the intent to cut off idlenesse, and to draw euerie man unto labour. But after that Idolatrie began to decay, and the Christian religion to encrease, the multitude of slaues began also to diminish; and yet much more after the publishing of the law of Mahomet, who set at libertie all them of his religion. To the imitation of whome, the Christians also so frankly set at libertie their slaues, as that all seruitude and slauerie seemed in that age to have bene shut up with the West Indians, wherein the Christians had shaken off from their necks all bondage, about the yere 1250: yet for all that, that there were slaues in Italie in the yeare 1212, it is euident, as well by the lawes of William king of Sicilie, and Frederick the second Emperour; as also by the decrees of the bishops of Rome, Alexander (I say) the third, Vrban the third, and Innocentius the third, concerning the marriages of slaues, which the Lawyers call Contabernia, or keeping of companie together: which Alexander was chosen Pope in the yeare 1158, Vrban in the yeare 1185, and Innocentius in the yeare 1188. Whereby it is euident, the Christian Common weale to have bene cleere of slaues since the yeare 1250, or there about. For Bartholus [*] who flourished in the yeare 1300, writeth that there were no slaues in his time; and that by Christian lawes men might no more sell themselves, understanding the Edicts made by the Christian princes: which when Nicholas the Sicilian, otherwise called the Abbot of Panormo had learned of Bartholus, he thought it a thing well worth the noting. Neuerthelesse we read in the Historie of Polonia, that euerie prisoner taken in good warre, was then and long time after slaue unto him that had taken him, if the king would not pay two Florins for his head, as I have before said: and yet at this present the subiects bound unto the soyle whereon they were borne, which they call Kmetos, are in the power of their lords, who may at their pleasure kill them, and not bee called into question therefore: and if so be that they kill another mans subiect, then are they acquited by paying ten crownes; the one moitie to the lord, and the other moitie unto the heires: so as we read in the lawes of Polonia; which are the like in the kingdoms of Denmarke, Sweden, and Norway. But it is more than 400 yeares agoe, since that Fraunce suffered in it any true slaues. For as for that which we read in our histories, that Lewes Hutin, who came to the crowne in the yeare 1313 (the selfe same time that Bartholus lived) set at libertie all slaues for money to defray the charges of his warres;[*] that is, as I take it, to be vnderstood of manumised men, which we call Mort-maines, whome we euen yet at this present see to be set at libertie by the kings royall letters patents, from that bond of seruitude wherby they are prohibited to marrie a wife, or to alienat their goods out of the territories of their Patron. So also we are to vnderstand the edict of Charls the fift the French king, wherin in cities every 70 families, in country villages euerie hundred families, and every 200 heads of slaues, were be charged with a man at armes; which they should not have done if they had bene in the possession of another man, & accounted as another mans goods. So it is also to be vnderstood that is written of Humbert Dauphin, who at the same time by one edict enfranchised all the slaues of Dauphine, and commaunded the same to be enrolled in the publick acts and lawes of the countrey. The same curtesie used Theobald countie d'Blois towards his slaues, in the yeare 1245. To this also belongeth that which wee read of Sugerius abbot of the couent of S. Dionyse, who set at libertie his manumised slaues, so that they chaunged their dwelling. And also the auntient decree of the Parliament of Paris, whereby it was permitted to the bishop of Chalons, by the consent of his Chapiter, to enfranchise his slaues. Charles the seuenth also comming to the crowne in the yeare 1430 enfranchised diuers persons of seruile condition. And in our memorie king Henry the second by his letters pattents enfranchised them of Burbonnois, in the yere 1549. By whose example also the duke of Sauoy did the like in all his countries, in the yeare 1561. All which we see done in the great favour of libertie. Whereas otherwise the Prince, of his owne lawfull power could not enfranchise another mans slaue, and much lesse the magistrat, what intercession soeuer the people should make: neither could he so much as giue unto him that was by another man enfranchised, so much as leaue to weare a ring of gold, without the consent of his patron. For Commodus the Emperour by his edict tooke from all them their rings of gold, who had obtained that priueledge of the prince without leaue of their Patron: neither would he haue it any thing preiudiciall unto the Patron, that his enfranchised slaue had obtained of the prince this priueledge, albeit that the prince had restored him to the state of a free borne man: which was a far greater matter than to haue obtained the priueledge to weare a ring of gold: which albeit that it belonged unto the prince onely to grant, yet so it was neuerthelesse in the time of Tertullian, that the patrons had in a manner got that power unto themselves,[*] giuing unto their enfranchised slaues a ring of gold and a white gowne, in stead of yron giues and whips, causing them so attired to sit downe at the table with them, and to beare their name. And at last Iustinian himselfe by a generall edict restored all them that had bene slaues enfranchised unto the state of free borne men; so that for the confirmation thereof they needed not afterwards any the princes charter. Which law for all that we vse not: for in[*] this realme he must of necessitie obtaine the prince his letters patents, which have alwaies used to restore unto manumised men and of seruile condition, the state of free borne men, and to blot out all the staine of their old slauerie; which letters were woont to be both requested and obtained without the leaue of the patron: who for all that may lay hands upon such goods of his enfranchised slaue as were got before he was set at libertie wheresoeuer they be; as not long since was adiudged by the court of Paris: as for such things as they get afterwards they may hold them to themselves; and hauing no children, by their testaments bestow them upon whome they please. I have seene the lord of the White Rocke in Gascongue claime to have not onely a right over his manumised subiects, and also that they were bound to trimme his vines, to till his grounds, to mow his meddows, to reape and thresh his corne, to carrie & recarrie whatsoeuer he should command them, to repaire his decayed house, to pay his ransome, and also the foure accustomed payments used in this realme; but also that if without his leaue they should chaunge their dwelling places wherein they were borne, or depart out of his land, hee might lead them home againe in an halter: unto all which the aforesaid seruices his manumised people yeelded, sauing unto the last, which by a decree of the Parlement of Tholouze was cut off, as preiudiciall unto the right of libertie. Truly they whome the Polonians call Kmetons, are not compelled to do their patrons so great seruice; but yet suffer things much grieuous: for that any man may kill them for the small paiment of ten crownes, and their lord may so doe for nothing. And in former time it was lawfull amongst the Indians by all meanes to tyrannise upon their seruants, which were in number infinit, yea and to kill them also; vntill that Charles the fift by a law which he made commanded then all to be free. But in Fraunce, although there be some remembrance of old seruitude, yet is it not lawfull there to make any slaue, or to buy any of others: Insomuch that the slaues of strangers so soone as they set their foot within Fraunce become[*] franke & free; as was by an old decree of the court of Paris determined against an ambassador of Spain, who had broght a slaue with him into France. And I remember that of late a Genua marchant hauing brought with him unto Tholouze a slaue whome he had bought in Spaine, the hoast of the house understanding the matter, persuaded the slaue to appeale unto his libertie. The matter being brought before the magistrats, the marchant was called for; the Atturney general out of the records showed certaine auntient priueledges giuen (as is said) unto them of Tholouze by Theodosius the Great, wherein he had granted, That slaues so soone as they came into Tholouze should be free. The marchant alledging for himselfe that he had truly bought his slaue in Spaine, and so was afterward come to Tholouze, from thence to goe home to Genua, and so not to be bound to the lawes of Fraunce. In the end hee requested that if they would needs deale so hardly with him, as to set at libertie another mans slaue, yet they should at least restore unto him the money hee cost him: whereunto the Iudges aunswered, That it was a matter to be considered of. In the meane time the marchant fearing least he shou⋯d loose both his dutifull slaue and his money also, of himselfe set him at libertie, yet couenanting with him that he should serue him so long as he lived. Yet for all that, those priueledges which they of Tholouze boast to have bene granted them by Theodosius, seeme not to have bene so, seeing that Narbona a true Colonie of the Romans, and the most auntient that was in Fraunce, Lectore, Nysmes, Vienne, Lyons, Arles, Romans, and many others, which were also Roman Collonies, no nor Rome itselfe the verie seat of the Empire, had not any such priueledge. And thus much concerning the enfranchising of slaues.

But now here might a man say, If it be so that the Mahometans have enfranchised all the slaues of their religion, which hath course in all Asia, and almost in all Africke,[*] with a good part of Europe also; and the Christians have semblably done the like (as we have before showed:) how commeth it to passe that yet the world is so full of slaues and slauerie? For the Iewes may not by their lawes have any slaue of their own nation, neither by the lawes of the Christians may they have any Christian. Truely all in that swerue from the law of God: For the law of God forbiddeth any slaue to

be made by the order of the Israelites amongst themselves, except that any of them shall of his owne accord giue himselfe in bondage to another, and suffer his eare to be[*] bored through to a post with an aule: truely it adiudgeth the debtors vnto[*] the creditors, and suffereth the Iewes to bee sold for pouertie: yet the same law commaundeth them at the seuenth yeare to be set at libertie. And although a man have enthraled himselfe, and suffered himselfe to be thrust through the eare with an aule, insomuch that he be bound to perpetuall seruitude: yet neuerthelesse all the interpretors of the law affirme, That in the yeare of Iubiley he shall againe recover his libertie, except he had rather againe serue than become free. But such bondslaues as were borne of those kind of slaues which had of their owne accord giuen themselves into bondage, they were in the fiftith yeare to be set free: at which time the law by[*] the sound of trumpet denounceth libertie unto all manner of slaues. Yet doth the law permit them to have straungers, of another nation and religion than their owne, in perpetuall bondage; and that their posteritie and nephews might vse the same right against straungers, that straungers might against the Isiaelites: than which kind of slaues Iulian the Emperour writeth none to have bene better. You see (saith he) how willingly the Syrians serue other nations: and contrariwise what a loue of libertie is in the people of the Celtes. But the Iewes when they had bought any straunge bondslaues of the Christians, or of the Pagans, they instructed them in their owne religion, and so circumcised them: which thing Traian by a speciall law forbad: and albeit that they had yeelded vnto their lords or maisters religion, yet neuerthelesse they enforced them still to serue: Whereas by[*] the law it was prouided, that such straungers as being circumcised had receiued the law of God, should enioy the same priuiledges and benefits that the natural citisēs did. The same law (saith it) shal be unto the stranger & the citisen. That is it that God by the Prophet Ieremie [*] complaineth of, Slaues not to be set at libertie according to the law: and therefore a most heauie bondage to hang over the maisters heads from their enemies. Hereupon also Philip the French king draue the Iewes out of his kingdome, confi⋯cating their goods, for that contrarie unto the law they circumcised Christians, and tooke them unto themselves into bondage for slaues. The like deceit we see the Mahometans to vse, whose manner is to circumcise and to instruct in their religion such Christians as they have taken in warre, or bought of pirats, or at leastwise their children, whome neuerthelesse they compell to serue with all their children and posteritie. Whose example the Portingals following, compell the bondmen whome they have bought out of Africke, to abiure the Mahometan religion, and instructing them in the Christian religion, cause them neuerthelesse with their children and ofspring to serue them in perpetuall slauerie: so that now whole droues of slaues are sold and that openly in all parts of Portugall, as if they were beasts. In like manner the Spaniards hauing brought the Neigros unto the Christian religion, keepe them neuerthelesse and all their posteritie for slaues. And albeit that Charles the fift had by a generall edict made in the yeare 1540 set at libertie all the slaues of the West Indies, neuerthelesse a sedition there rising through the couetousnesse and insolencie of them that were in greatest power, Gonsales Pizzare gouernor of that prouince reuolted from Charles: whose power when Lagasca had discomfited, and for publike example had caused him to be beheaded together with the chiefe men of that rebellion, hee according to the edict, set at libertie all the slaues; yet with condition, that they should still serue their patrons. And yet for all that it could not be brought to passe, but that Lagasca returning into Spaine, these late enfranchised men fell againe into their slauerie: and especially for the profit which their lords and masters werein hope to have by the selling of them: to the imitation of the Portugals, who first called in againe Seruitude, now for many worlds of yeares buried in forgetfulnesse in Europe; and are in [*] short time like enough to disperse the same over all Europe, as it is now alreadie begun in Italie. For now a good while ago Africa and Asia, and the Easterne part of Europ also have accustomed to nourish and bring up in every citie, stocks of slaues, in like maner as if they were beasts, and of them to make a great marchandise and gaine. For within this hundred yere the Tartars (a kind of Scythian people) in great number with fire and sword entring into the borders of Moscouia, Lituania, and Polonia, carried away with them three hundred thousand Christians into captiuitie. And not long ago euen in our memorie, Sinan Bassa hauing taken the Ifle of Gozo neere unto Malta, led away with him 6300 Christians, and all the inhabitants of Tripolis in Barbarie, which he sold in Graecia. So that it is not to be maruelled that the captaine of the Turkes Ianizaries, and either of his Chauncellors (whome they call Cadelesquiers) vse euerie one of them at their entrance into their office to receiue of the prince three hundred slaues. For as concerning the Turkes Pretorian souldiors, and those youths which are taken from the Christians as tribute, and are called tribute children, I neuer accounted them for slaues; seeing that they are enrolled in the princes familie, and that they alone enioy the great offices, honours, priesthoods, authoritie and honour; which nobilitie extendeth also unto their nephewes in the fourth degree, and all their posteritie afterward beeing accounted base, except by their vertue and noble acts they maintaine the honour of their grandfathers: For the Turkes almost alone of all other people measure true nobilitie by vertue, and not by discent or the antiquitie of [*] their stocke; so that the farther a man is from vertue, so much the farther hee is (with them) from nobilitie.

Wherefore seeing it is proued by the examples of so many worlds of years, so many inconueniences of rebellions, seruile warres, conspiracies euersions and chaunges to have happened unto Commonweals by slaues; so many murthers, cruelties, and detestable villanies to have bene committed upon the persons of slaues by their lords and masters: who can doubt to affirme it to be a thing most pernitious and daungerous to have brought them into a Commonweale; or hauing cast them off, to receiue them againe? Now if any man shall say, That the rigour of the lawes may by forbidding, and seuere punishment moderat the cruelty of maisters over their slaues:

What law can there be more iust, more strong, and indifferent, or better than the laws[*] of God, which hath so wisely prouided as to forbid to chastise slaues with whips (which the Roman lawes permitted) and willeth the slaue to be enfranchised, if his maister shal breake any lim of him? which law Constantine the Emperour afterward approued. But who shall prosecute the suite against the lord for the death of the slaue? who shall heare the complaint? who shall exact due punishment therefore? shall hee that hath nothing to do therwith? considering that tyrants hold it for a rule in policie, That one cannot be too seuere unto his subiects, so to keepe them low and obedient. But the Spaniards (some will say) entreat their slaues courteously, teach them, and bring them up, yea and that much more kindly than they do their hired seruans: and they againe on their part serue their lords and masters with all chearefulnes and loue incredible. But concerning the Spaniards it is a common saying, That there are no maisters more courtious than they at the first; as generally all beginnings are pleasing: so also it is most certaine, That there is no greater loue, than the loue of a good slaue towards his lord: prouided that it meet with an humor agreeing with it selfe. For which cause the law of God (in mine opinion) hath so wisely prouided that no man should serue a perpetuall seruitude, but he which hauing serued seuen yeres, and so well tasted the humor and disposition of his master or creditor, had consented to bee his slaue for euer. But sith there are so few men one like unto anothe⋯ and contrariwise the varietie and naturall disposition of them infinit, what law giuer can unto them all prescribe one generall edict, law, or rule. The auntient prouerb, which saith, So many slaues, so many enemies in a mans house, showeth right well what friendship, faith and loyaltie a man may looke for of his slaues. Of a thousand examples of antiquitie I will recite but one, which happened in the time of Iulius Pontanu⋯, who reporteth, That a slaue seeing[*] his lord absent, barred the gates, and hauing shamefully abused his mistresse, bound her, tooke his maisters three children, and so going up to the highest place of the house, seeing his maister comming home, first cast downe unto him upon the pauement one of his children, and after that another: the wofull father all dismaid, and fearing least hee should throw downe the third likewise, with prayers and teares besought the slaue to spare him that was yet left, promising him forgiuenesse for that hee had alreadie done, and libertie also if he would but saue that third. Which his request the slaue yeelded vnto, upon condition that he should cut off his owne nose: which he chose rather to doe; than to loose his child. But this done, the slaue neuerthelesse cast downe the third child also; and so at last to take that revenge of himself, which his lord thought to have done, cast headlong downe himselfe also. And not to be tedious, I omit poysonings, murders, burnings, and many other mischiefes oftentimes euerie where done by slaues. But these inconueniences, you will say, are counteruailed and recompensed with other mutuall profits; for that by receiuing in of slaues we cut off the infinit number of vagabonds and bankrupts, who after they haue deuoured al, would pay their creditors with [*] bils: & that by that means might be driuen away such a multitude of rogues & naughtie doers, which eat up whole townes, and as drones sucke the hony from the bees: ioyne also unto this, that of such idle mates, theeves and pirats furnish themselves; besides that, famine and euil prouision for the poore, draw into townes all populer diseases; for the poore we must nourish and not kill, although it be in a sort to kill them, to refuse to nourish them (as saith S. Ambrose.) These reasons beare some show of truth.[*] For as concerning debtors, if they be not able to pay, God his law commaundeth them to be adiudged to their creditors for seuen yeares, but yet not into perpetuall bondage howbeit that the law of the twelue tables, practised in all the West Indies, and in the greatest part of Africke, will that they remaine still prisoners unto the creditors, vntill they be fully satisfied. For they which have taken away from debtors in ciuil cases the benefit, to leaue unto their creditors all such goods as they had, and command them to be committed not to their creditors, but to prisons, as the Turkes do; seeme to mee to take away not onely from the creditors, but also from the debtors, all power to keepe themselves, yea and their lives also, as taking from them the meane for them to trauell, and to gaine to acquit themselves. But as for theeves and pirats, there was neuer in any time moe than when the multitude of slaues was encreased: For that the slaue not able to endure slauerie, and at length breaking from his maister, was alwaies constrained to be a theefe or a pirat, not being able to endure his maister, neither to show himself being marked, nor to live hauing nothing to live upon. A better example whereof cannot be than that of Spartacus the fensor, who at one time assembled out of the verie bowels of Italie three score thousand slaues; when as at the same time aboue fourescore thousand pirats with nine hundred saile of ships were rouing over all the Mediterannean, and had with so great forces taken 400 cities upon the sea coast; as that the Roman Empire was both by land and sea as it were beset with theeves and robbers. But the wise law giuer is not hee that driueth robbers out of the Commonwealth, but he that suffereth them not therein to enter: which may easily bee done without that direfull slauerie, so dreadfull unto states and cities; by erecting in every towne and citie publick houses for poore children, where they may learne diuers trades and occupations, as they do ⋯ Paris, hio⋯s, and Venice, and other well gouerned towns, where Seminaries of Artiz⋯ are brought upto the great benefit of the Commonweale. But in such places as wherein slaues are now alreadie receiued, I am not of opinion to have them altogether and ⋯pone time set at libertie, as Charles the Emperour did at Peru: for that so they hauing nothing to live upon, nor occupation to gaine by, and delighted with the sweetnesse of idlenesse and libertie, would take no paines: in such sort that the most part of them died for hunger: but the best way is, by little and little to enfranchise them, hauing before their enfranchisement taught them some occupation whereby to releeue themselves. Now if some shall say, That no man is a good master, but he that hath before bene a good seruant: I say that to be an opinion euill [*] grounded, although it be right auntient: for there is nothing that doth more discourage and ouerthrow, (and if I may so say) a bastardise a good and noble mind, than seruitude; or that doth more abate the naturall maiestie of good natures to commaund over others, than to have bene once a slaue. Salomon also the maister of wisedom saith in his Prouerbs, That there is nothing more intollerable, than when a slaue is become a maister, or a handmaid a mistresse: which he referreth not only unto a more misticall sence; as when our intemperat desires beare rule over our reason: but unto him also which so dainly passeth from one extremitie to another; as from seruitude to commaund. But if it be true that reason and the law of God is alwaies and euerie where to take place, and that it was not shut up only within the bounds of Palestine: why should not that law so profitably & so wisely made by God himselfe, concerning slauerie & libertie, stand in force, rather than that which was by mans wisedom deuised? Howbeit that the Tartars (which are by many thought to bee descended from the ten tribes of Israel) have alwaies enfranchised their slaues at the end of seuen yeres: yet with condition that they should depart out of their country: which condition was first by Papinian (the great lawyer) reiected, but afterwards by him againe receiued; but beeing ioyned unto enfranchisments; is accounted as if it were not written at all. And thus much concerning the power of a maister over his slaue, and whether slaues are to be suffered in a well ordered Commonweal. But now that we haue sufficiently, & yet also as briefly as was unto vs possible, entreated of a Familie, & of all the parts therof, which is the foundation of the whole cōmonweale; let vs now likewise also speak of a Citisen & a City.