The Six Bookes of a Commonweale

Jean Bodin

Translated by Richard Knolles

44 chapters · about 40 h

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The opening

. Chap. I €j[ what the principal? endis of a, xcell order edCommomioeale .

€j[ what the principal? endis of a, xcell order edCommomioeale .

Commonwealc is a lawfull gouernment of many families, and of that which vnto them in common belongeth,with a puiflanc fbueraigntie . This definition omitted by them which haue written ofa Commonweale, wee haue placed in the firft place:.for that in all arts and actions, it behoueth vs firft to behold the end, and afterward the meanes to attaine therunto . For a definition is nothing elfe than the very end and fcope of the matter propounded, which if it be not well and Ibrely groundedjwhatfoeuer you build thereupon mud together and in a moment fall. And yet oftentimes itfalleth out with many,that hauing propounded vnto themfelues certaine ends.yet on they not attaine vnto the end by them defircd; no more than the vnskilfull archer who fhooteth farre and wide from the marke he aimed at, whereas he which fhooteth markeman-like, although he mifle fomewhat the marke, yet fhall he flioot neerer.than he, neirher fhall he want the commendation ofa good archer,hauing performed what a skiifull archer fhould haue done. But he which knoweth not the end of the matter he hath in handj is as farre from the hope of attaining thereunto, as he is from hitting the marke,which fhooteth at randon,not knowing whereat . W hereforc let vs well examine the end, and cuety part of the definition by vs before propounded . Firft wefaidthata Commonweale ought to be a lawfull or rightfull gouernment:for that the name ofa Commonweale is holy^as alfo to put a difference betwixt the fame,and the great aflemblies of robbers and pirats,with whome we ought not to haue any part,commerccment,foeietie,oralliance,butvtterenmitie. And therefore in ail wife and well ordered Commonweales, whethcrquellion be of the publike faith for the more fafetie to bee giuen •, of leagues offenfiue or defenfiue to bee made; of warre to bee denounced, or vndertaken 5either for the defending of the frontiers of the kingdom, or for the composing of the controuerfies and differences of Princes amongft themfelues •, robbers and pirats are ftill excluded from all the benefit ofthe law of Armes. For why? Princes which gouerne their States by their owne lawes,and thelawes of nations, haue alwayes diuided their iuft and lawfull enemies,from thefe difordered, which fecke for nothing but the vtter mine and fubuettion of Commonweales,and of all ciuill focietie . For which caufe, if ranfome promifed vnto robbers for a mans redemption, bee not vnto them accordingly payed, there is no wrong done forthatthclawesof Armes ought neitherto be communicated vnto them, neither are they toenioy the benefit ofthofe lawesjwhich lawfull enemies being taken prifoners, or free men enioy.Yea the lawes do permit him that is taken ofrobbers, not thetby to loofe his libertie;but that he may neuertheleffe make his will,and do all other lawfull acres: which for all that was notin former time lawfull for them to doe,which were taken by their iuft enemies. For that he which was fallen into the hands of his lawfull enemies,by the law of nations did to • gcth’er with his libertie loofe alfo allfuch power ss he had ouer his owne things.Now ifa man fhould fay, that the law commaundeth to rcftore vnto the robber his pawnc, his things committed vnto thee vpon truft,or what thou haft of him borrowed; or to repoffeffe him, beeing by force thruft out of a poflefsion, neuer fo vniuflly by him obtainedjthere is thereof a double reafon: the one,for that the robber in fubmitting himfelfevnto theMagiftrat, and fhewinghis obedience vnto the lawes, indemaunding jufticc,defcriieth to be therein regarded: the other, for that this is not fo much done in fauour of the theefe or robber,as in hatred of him which would vneonfeionably detainc the facred thing left to his truif,or by way offeree proceed to the gaining of that which he might by cotirfe of jufticehaueotherwife obtained. Ofthefirft whereof we naue Samples enow, but none more memorable than that of ^ittgujltu the Emperour, who caufed it to be proclaimed by the found of the Trumpet, that he would giue ten sefiertiees vnto him which fhould bring vnto him Coracotos, the ring leader of the thecues and outlawes in Spaine: which thing Ccr^w/^j vnderlhnding, of his owne accord prefented himfelfe vnto theEmperour, anddemaundedofhimthepromifed reward: which ^^ugujius caufed to be paid vnto him, and fo receiued him into his fauour,to the intent that men fhould not thinkc, that hee would take from him his life, to deceiue him ofthe reward ptomifed j or yet violate the publike faith and fecuritic with him, who of himfelfe offered himfelfe vnto the triall of j’uftice: albeit hee might haue juftly proceeded againft the fellpn,and fo haue executed him. But he that fhould vfe fuch common right towards pirats &c robbers,as is to be vfed againft juft enemies, ^0U^ °Pen a dangerous gap to all vagabonds.to ioyne themfelucs vnto robbers and theeues *, andaflurc their capitall anions and confederacie,vnder thevaile of jufticc. Not for that it is impofsible to make a good Prince of a robber, or a good King of rouer: yea,fuch a pirat there hath becne,who hath better deferued to be called a King, than many of them which haue carried the rcgall fcepters and diadems, who haue no true or probable excufe ofthe robberies and cruelties which they caufe their fubie&s to endure. As Demetrius the pirat by way of reproach faid to Alexander the great, ^nat ne na^ karned of his father no other occupation than piracie, neither from him receiued any other inheritance than two fmall frigots: whereas he which blamed him °fpiracic 1’oamed about neucrthelcffe, and with two great armies robbed the world without controlmcnt,albeit that he had left him by his father the great and flourifhing kingdome of Maccdon. W hich frank fpecch fo moued Alexander pot to the reuengc of the iuft reproach giuen him, but vnto coramiferation, with a certaine remorfe of confeience: in To much that he pardoned Demetrius, Sc made him general ouer one of his legions. And not to go further for examples, in our age Solyman the great Sultan of the Turks, with great rewards allured vnto him Hariademu MnobarbutPragut Reis}8c Occhialjthrce of the mod famous pirats of our memoryjwhom he made his Admirals, and great commaunders at Sea; by their ftrength to confirme hi? owne power, and to keepe vnder the other pirats, then roaming all about the feas, and fo to affure his n-af^ue> Truly by fuch allurements to draw arch pirats into good order,is,and fhal be al • waics commendable: not onely to the end, not to make fuch people through difpaire to inuadc the State ofother princes, but alfo by their meanes to ruinate and brino- to naught other pirats,as enemies to mankind: who although theyfeeme to line in neuer fo much amitie and friendfhip together, and with great equalitie to diuide the fpoile, (as it is reported of Bargain* and Vitriatm ‘,the arch pirats)yet for al that they ought not to be ofright called focieties and amities., or partnetfhips; but confpiracies,robberies, & pillages: neither is that their equal parting of the fpoile, to be rearmed a lawful dinif:on,buta mcere robberie: for that the principall point wherein confifteth the true markeandcogniianceofamitieinthem wanteth, that is to wit, right gouernment, according to the lawes of nature . And that is it, for which the auncient writers haue called Common wea!s,Societics of men aflcmblcd to line well and happily together. Which as itmay ferue for adefcripn’on of a Citie,fo can it notftand for a truedefinitionofaCommonweale, as hauing in the one part thereof too much, and in the othcr too little: three principall things efpecially to bee required in euery Commonwealth,wanting in this description,, that is to fay,thc. farnily,rhe foueraigntie, and thofe things which are common to a Citie, or commonweale: joyning hereunto alfo^that this word,Happily,as they vnderftand it, is notneceffatie: for otherwifc vcrtue fhould haue no prize, if the fauourable wind ofprofperitie ftill blew not in the poope thereof, which a good man will neucr confent vnto . For a Commonweale may be right well gouerned, and yet neucrthclefTe afflicted with pouertie,forfakcn ofiriends.befieged by enemics,and ouerwhelmed with many calamities: vnto which cfhte Cicero himiclfe confefieth him to haue feene the Commonweale ot^jMarfeils in Prouince to haue fallen,at fuch time as it was by Cairn C£far triumphed vpon: which he faith to haue bene the beft ordered and moft accomplifhedthat eucr was in the world, without exception . Andfocontrariwifeit fiiould come to pane, that a Citie, or Commonweale, fruitfull by fituation, abounding in riches}f]ourifhing, and well ftored with people, reuerenced of friends,feared ofenemies,inuincible in arms/trong in fortification, prowd in buildings, triumphant in glorie,ihould therefore be rightly gouerned, albeit, that it were furcharged with all villanies,and grounded in all mancr of vices. Andyet neuerthelefle mod: certaine it is,that vertue hath not a more capitall encmie,than fuch a perpetual fucceffe as they cal moit happy; which to ioine together with honefty,is no lefTe difficultie,than to combine things by nature moft contrarie . W herfore fith that we may without reproach want other things;as alfo without praife abound therein: but that vertucs we cannot without great imputation wantjor be with vices polluted withoik infamie: it mull needs follow, that thofe things which arc thought to make the life of man morebleffedjthat is to lay, riches, wealth,large tenitories and pohefsions, not to be ofnecefsitie required vnto well ordered Cities, and commonweals: fo that he which will looke further into the matter, mult as little as hee may decline from the beft or molt perfect Hate of a Commonweale, Forasmuch asbythegoodnes of the end we mcafure the worth and cxcellencie,as well of Cities and Commonweals,as of all other things: fo that by how much the end of euery Citie or Commonweale is better or more heauen-like,fo much is it to be deemed worthily to excell the reft- Yet is it not our intent or purpofe to figure out the onely imaginary forme and Idea of a Commonweale, without effe£t, or fubftance,as haue Flato, and Sir Thomas UPfore Chauncelor of England.vainely imagined: but fo neere as we pofsibly can precifely to follow the beft lawes and rules of the moft flourifhing cities and Commonweals. In which doing, a man is not bee iuftly blamed, although hee fully attaine not vnto the end hee aimeth at, no more than the good Pilot, by force of tempeft driuen out of his courfe; or the skilfull Phyiitian ouercome with the force of the maladie, are the lelle eftecmed: prouided, that the one hath yet in the cure well gouerned his (icke patient; and the other in his courfe, his /hip.

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