Common Places, Part 4 · Chapter 20
The twentith Chapter. Of Nobilitie, of Bondage, of Occupying marchandiſe, and ingroſing of wares.
ARiſtotle in his ſeconde booke of Rhetorickes writeth of Nobilitie, In Rom. 9. verſe. 4.Wherein Nobilitie conſiſteth.that the ſame conſiſteth héerein, that a mā hauehave excellent and famous Aunceſtors. For although that oftentimes euen in theſe our dayes are found mē which atchieue notable interpriſes of no leſſe excellencie than are thoſe mentioned of the forefathers, yet are thoſe auncient actes of greater eſtimation by reaſon of their antiquitie. For there is a difference betwéene foreign and foreign. A difference betwéene gentlemen and well borne men.For they are called foreign which are borne of noble parents, but foreign are thoſe which retaine ſtill the vertue of their Anceſtours, and doe not degenerate from them. A ſimilitude.We ſée that in the families of noble men the ſelfeſame thing in a manner happeneth which happeneth in corne: which is accuſtomed ſome yéeres to bring foorth more plentifully, and ſome yéeres more barrainly. And ſometime it chaunceth, that after a fewe barraine yéeres, followe other fertill yéeres. So ye families of noble men ſometime bring foorth manie excellent men, as it were a verie plentifull harueſt; ſometime as it were an vnfruitfull ſoyle, they lie barren and idle: And againe afterward they after a ſort reuiue, vntounto ye vertue of their Anceſtors. And how this degenerating commeth, the ſame Ariſtotle after this manner declareth: It commeth to paſſe oftentimes (ſaith he) that ye children or poſteritie of wiſe & wittie men become fierce and cruel, as it is written of the poſterities of Alcibiades. And on the other ſide, of méeke, louing, and gentle Parents, are borne childrē cowardiſh, ſluggiſh, and blockiſh: which we read to hauehave happned in the families of Symon and Socrates. The ſelfe ſame things may we beholde in the children of Iſrael. They had Patriarkes as Princes of their ſtocke, being men indued with great vertues and ſingular nobilitie. Of their poſteritie ſprang foorth oftentimes excellent men: which poſteritie although ſometimes it ſéemed to lie ſtill without any notable iſſue, yet GOD alwayes betwéene whiles ſtirred vp in it, ſome, either Iudges, or Kings, or Prophets, or Prieſts which excelled in life, wiſedome and godlineſſe. Moreouer the ſame Ariſtotle in his firſt Booke of Rhetorickes, writeth that the true nobilitie, or felicitie of any nation herein chiefely conſiſteth, True nobilitie requireth to hauehave vertue ioyned with the proſperitie of fortune.that together with proſperous ſucceſſe it hauehave vertue ioyned: which two thinges God gaue aboundantly vntounto the Hebrewes. He addeth moreouer, that ye people is called noble, which is not mingled with the mixture and confuſion of other nations. For which conſideration the Athenians boaſted that they were foreign, that is, of one and the ſelfe ſame ſoyle.
The Hebrewes had their ſtocke pure and vnmixed.2 But there can be ſhewed of no nation which had a ſtocke ſo pure and vnmixt as had the Hebrewes. For Abraham was the head of their ſtocke: whoſe Nephew Iacob had 12. children, of whō came the 12. tribes. Further euerie tribe had their certaine families, Landes, Cities, and Regions, which they inhabited. To be ſhort, as writeth Euſebius De preparatione Euangelica, there was no common wealth, neither of the Lacedemonians, nor Athenians: (which two ſéemed of all other to bee moſt excellent) which had their ſtocke ſo certaine, or their tribes ſo certainly deriued from one Prince and progenitour. For to nobilitie is required that the people ſhould liue in their owne lawes: But no nation at any time had their lawes ſo proper as had the nation of the Hebrewes. No Nation had Lawes ſo proper to them, as the Hebrewes hadFor lawes were giuen them particularly from GOD, which infinitelie excelled the lawes of all other nations. And they liued vnderunder their owne lawes ſo long as they obeyed the Lord. For he then defended them from all miſfortunes. But by reaſon of their ſinnes, they were ſometimes led awaie captiue by outward nations. But theſe captiues were not perpetuall: ſith after that they had bin puniſhed for their wickednes, they were reſtored to their olde places againe. Moreouer antiquitie commendeth and ſetteth forth the nobilite of a people. The cōmon wealth of the Iewes was moſt auncient.For there can be nothing of Antiquitie founde in the hiſtories of the Ethnickes, but that the ſame followed long time after that the common wealth of the Iewes was eſtabliſhd. Before the warre of Troy, The wares of Troy in the time of Iephthe.whatſoeuer is ſet forth by Ethnicke writers is fabulous. And that warre was then made when Iephthe was now Iudge ouer the commonwealth of the Iewes. Alſo it furthereth no ſmall deale vntounto nobilitie to hauehave had excellent men of that ſtocke. And there was neuer either more or more excellent men than among the Iewes. I will not ſpeake of the great multitude of children and the goodneſſe in children, which woonderfully flouriſhed among the Iewes.
3 I know there be ſome which deſpiſe this nobilitie deriued from Anceſtors. Arguments againſt nobilitie.For they ſay that oftentimes of horſes are borne Mules. And they make mentiō of Iphicrates, which béeing a notable Emperour, and hearing one contumelouſlie and inſolentlie obiecting vntounto him that he was the ſonne of a ſhoomaker, made this aunſwere: Iphicrates anſwere concerning the baſenes of his parent age.My ſtocke beginneth in me, but thine endeth in thée. And he which vpbraideth vntounto a man either fortune or want of nobilitie, doth euen like him which beateth the garments, but toucheth not the bodie. For euen as garments are without the bodie, ſo nobilitie and fortune are without vsus, & are accounted among outward good things. Cicero, although hée were a man newe ſtart vp, yet hée made no great account of his nobilitie. They which giuegive themſelues to hunting prepare the beſt dogges they can get for hunting, and not whelpes though they come of neuer ſo good a kinde. Two ſimilitudes.And for battell, ſtrong and warrelike horſes are ſought for, and not the coults of good horſes.
Whereto ſerueth pedigrees, or whereto is it good,
Friend Ponticus, to be deriud from long deſcent of bloud?
Or what ſhall it auaile to thee to recken in a roe,
Great numbers of thine Anceſtors that liued long agoe?
To what purpoſe theſe arguments are vſed.It is a ridiculous thing for a man to boaſt that he can recken vp ſeuen great grandfathers. Theſe reaſons ſome vſe to extenuate the nobilitie of bloude. Neither are theſe things ſpoken amiſſe or yet without profit, eſpeciallie againſt them, which onelie for the vertue of their anceſtors will be counted noble: whereas otherwiſe they themſelues liue diſhoneſtlie, vilelie, and obſcurelie. And if any man hauehave together with vertue obtained nobilitie of bloud, Nobilitie of kindred ioyned with vertue to profitable.doubtles he hath great commoditie by it, ſyth nobilitie is not a thing altogether outward, as it was obiected. For the properties, and markes and motions of the Anceſtors are, I knowe not howe, tranſferred to the poſteritie, which although that in the next children or childrens children doe not oftentimes ſhewe foorth or appeare, yet are they ſtill kept by a certaine power, and reuiue againe in other of the poſteritie, ſo as in them the ſpirites and courages of their anceſtors are renued vntounto vertue. Wherefore, ſéeing ſuch ſparkes are ſtill reſerued in vsus, they are not wholie to be accounted among outward good things. Neither agréeth that compariſon of the Mule, which they ſaie is procreated of a horſe: for that in the Mule the generation is ſtayed. Neither can the Mule if we cōſider the common courſe of nature liue long. But they which are begotten of noble parentes, although they thēſelues degenerate, yet may they afterwarde bring foorth others. And to ſtaie euen in that ſimilitude: It no ſmall deale adorneth the Mule, that he is begotten of the horſe, ſéeing for the ſame cauſe, they are more commendable than Aſſes. But Iuuenall, Cicero, and Iphicrates ſpake of thoſe noble men, which when as they themſelues had no part at all of their fathers or predeceſſors vertue and good diſpoſition, woulde notwithſtanding be had in eſtimation for this cauſe onelyonly, that they came of a noble bloud. He which being but of obſcure parentage hath made himſelfe honorable by vertues, is of farre more excellencie, than are they which comming of great nobilitie, doe with vices and wicked actes, and with Idleneſſe & cowardice, diſhonour both them ſelues and their ſtocke. God vntounto the poſterity of Saincts graunted many things. Rom. 9. 4. Exod. 20. 6. Gen. 49. 10 Num. 1. 47 & 3. 1. &c.And how much God attributed vntounto the poſteritie of the godlie, it is manifeſt not onelie by a place in the 9. Chapter to the Romanes, but alſo by that place in Exodus, where God promiſed that he would doe good euen to a thouſand generations of the iuſt: but euen héereby alſo in that he decréed, that the Prieſtes and Kings ſhould be choſen out of a certaine ſtocke. This prerogatiue the Ethnickes contemned not. For he which praiſeth Alcibiades, (which ſome thinke was Euripides,) when he was crowned in the games of Olimpus, ſaith, that he which ſhall be happie, muſt come of a noble Citie. To which purpoſe I might cite a great manie of other things, Whether the Gentiles be more abiect than the Iewes. 1. Cor. 1. 26if néede ſhould ſo require. But what ſhall we ſay of our eſtate? Are we more abiect than the Iewes? Or may we in compariſon of them ſéeme to be without nobilitie, ſéeing Paul thus writeth, Conſider your calling brethren: Not many noble men, not manie wiſe men are called? I aunſwere, that there is no cauſe why we ſhould therefore be ſorie for our eſtate. For although (if we conſider the ſtocke it ſelf from whence we were cut off, and which we cannot denie but was a wild Oliue trée) we be obſcure and without nobilitie: To them that be graffed into Chriſt is cōmunicated all the nobilitie of Chriſt. Ephe. 5. 30,yet after we are once grafted in Chriſt, all his nobilitie is moſt trulie communicated vntounto vsus: For we are now not onelie members of him, but alſo fleſh of his fleſh & bone of his bones, ſo as now all his fathers are made our fathers. Which things, although they hauehave not happened vntounto vsus by naturall generation: yet vntounto a godlie man it ought to bée ſufficient, that they were afterward giuen vntounto vsus.
Of Seruitude or bondage.
5 The firſt mention of Seruitude or bondage in the holy ſcriptures is in the 9. In Gen. 9. 5 Looke In 1. Sam. 4. 9of Geneſis. And it ſhall not be vnprofitable if we ſpeake ſomewhat thereof. The name, From whence came the name of Seruitude.if we weigh the Latine Etymologie was deriued of Seruando, that is, kéeping: becauſe thoſe whome the vanquiſhers had not ſlaine in war, they kept to themſelues, to the intent they might vſe their labour. Mancipia are goods, cattel, bondmen or captiues.Thereof were they called Seruants: as ſaith Florentinus the Lawyer, in the fourth booke of the Inſtitutes. By the ſame reaſon had Mancipia their name, becauſe they were taken with the hand from enemies, as we hauehave it in the firſt of the Pandectes of Iuſtinian. Plinie in his 7. The originall of ſeruitude.booke, the 56. Chapter, attributed the inuention hereof to the Lacedemonians. But our writinges which be more auncient, doe make vsus beléeue that he is deceaued. The cauſe of bondage is ſinne. The cauſe of ſeruitude.For warre denounced and made, if it be iuſt, it is doone for the repreſſing of ſinnes: but if it be vniuſt as touching their part which make it, yet by the diſpenſation of God it is iuſt, who prepareth thereby to puniſh thoſe which he hath knowen woorthie to be chaſtiſed. This did Daniel and other Prophetes moſt manifeſtlie declare, Dan. 9. 5.when they accounted their owne iniquities, and the iniquities of their forefathers to be the cauſe of victorie vntounto ye enemies againſt the people of God. Truely bondage is therefore a puniſhment, Seruitude is a thing againſt mans nature.becauſe it is againſt the nature and condition of man. God ordained man, not that he ſhould ſerue, but that he ſhould hauehave dominion. Wherefore the good fathers in old time, did not exerciſe dominion ouer men: they were Paſtors of the flocke, and they ruled men onelie with louelove and Counſels. And ſéeing Man is made to the Image of God, Gen. 1. 27.and that it is the propertie of God to commaund, not to execute thinges commaunded: it is prooued that men alſo are not of nature to ſerue. Howbeit, bondage muſt not be reiected by this Argument, Bondage muſt not be reiected, and why.ſéeing it is inuented as a bridle of iniquitie, and a medicine vntounto mans naughtineſſe. For thou maieſt finde manie thinges which hauehave had their beginninges of a naughtie cauſe, which muſt not be altogether reiected, but retained. Hereuppon the Apoſtles Peter and Paul verie oftentimes in their Epiſtles, Ephe. 6. 5. Col. 3. 21.put vsus in remembrance, that ſubiectes and ſeruantes ſhould be duetifull towardes their Lordes, and that they ſhould not preſume to ſhake off the yoke of bondage: 1. Pet. 2. 18.Nay rather as Peter expreſlie ſaid: Wee ſhould ſerue them though they be euill and froward. For the Goſpel hath bin ſuſpected hereof, euen from the beginning, that it raſhlie called men vntounto libertie, and thereby rayſed tumultes in Cōmonweales. Wherein men were altogether deceaued: ſith Chriſtian pietie diſturbeth not the ſtate of worldlie thinges. Wherefore conſider thou, that bondage gate her firſt originall from ſinne, the merciemercy of cōquerers being applyed thereunto. Then ſéeing GOD hath decréed by this meanes to amend peruerſe manners, it ſhould be wickedlie doone of men to ſhake off the ſame by violence. Adde herewithall, that our pride and hantineſſe is hereby kept vnderunder. The people of Iſraell ſcarcelie at anie time conuerted vntounto God, vnleſſe they were warned by this ſcourge, as each one may read in the booke of Iudges. Wherefore, that which is ſo profitable ſhould be vniuſtlie refuſed, when it ſhall be layd vppon vsus by the Lord. But and if it may ſéeme hard to anie man to obay froward and vniuſt Maſters, let him conſider that the excellent God our father inſtructeth vsus by his example, Matt. 5. 45.who with his Sunne and rayne, ſerueth the commodities, not onelie of the godlie, but alſo of the vngodlie. And oftentimes, if thou conſider the eaſineſſe of the ſtate, thou ſhalt finde it a harder matter to rule well (eſpeciallie if thou gouerne euill and fooliſh men) than it is to obay, ſo that thou ſhalt manie times finde the ſtate of ſeruing to be leſſe troubleſome: which neuertheleſſe, as well ye cōtitution of our nature not borne to ſerue, as alſo the hautineſſe & pride which euerie one of vsus hath gathered euē frō the beginning, maketh gréeuous vntounto vsus.
6 But now let vsus ſée how ſeruantes muſt be handled by their Maiſters: How ſeruants muſt be vſed of their maſters. Looke In 1. Sam. 30. 11. & 2. kings. 6. ver. 13.Wherein I alleage that the ſtate and condition of thinges is of two ſortes. One which concerneth the ſaluation of ſoules, hath reſpect vntounto Chriſt and vntounto ſpirituall thinges. And as touching this, let Maiſters vnderſtand that ſeruantes are equall vntounto them: that is, they are no leſſe than themſelues, or their children, wife and kinſfolke: For ſo much as in Chriſt there is neither male nor female, Gal. 3. 28.neither bond nor free The other is of bodily, or outward and ciuill thinges: and about theſe good thinges there may and ought to be made ſome difference in apparelling of the bodie, in diet, and other thinges of like ſort, betwéene fréemen and bondmen. Who if they doe not their duetie, ſhall be accounted ſeditious and rebellious, they may be chaſticed and beaten, that through them, the domeſticall peace be not diſturbed: yet ſo, as this be not cruellie doone, but for their commoditie, that they may be reſtored to the amendment of minde. And Paul as well to the Epheſians as Coloſſians, Ephe. 6. 9. Col. 4. 1.exhorteth that euen the Maſters themſelues ſhould be equal towardes their ſeruantes. And for what cauſe they ought to doe it, he there declareth. Let them conſider (ſaith he) that they themſelues alſo hauehave a Lord in heauen. As if he ſhould hauehave ſaid: Euen as they would that they themſelues ſhould be vſed of him, ſo ought they to order themſelues towardes their ſeruantes. I beſéech you let each one of them remember that while they thinke they be not fitlie ſerued in all pointes, whether they themſelues in all reſpectes according to the commaundement preſcribed, doe obey the heauenlie Lord of all things. There is moreouer an other kinde of ſeruitude, whereof the Apoſtle maketh mention in the 5. Verſe. 13.Chapter to the Galathians: Serue ye one an other through charitie. And that in verie déede is not vppon conſtraint, but voluntarie: the which alſo, if our firſt parentes had not fallen, might hauehave place in mankinde. For it is méete that the younger ſhould obey the elder, the vnwiſer the wiſer. Truelie it is conuenient, that they which be the elder and hauehave more perſeuerance, ſhould hauehave preheminēce, ſo as we are not to thinke that this kinde of ſeruitude of which we now intreate was brought in by ſinne, but that other which is found out by power and lawe. Wherefore that is not taken away, which is ſpoken both commonlie and by Ariſtotle in his Politickes, to wit, ye ſeruitude is partlie naturall and partlie by the lawe: Neither ought we to forget, that the ſeruice of God, wherein the faithfull doe obey and beléeue him, is called a certaine ſeruitude which muſt be preferred aboue all the libertie of the fleſh. Rom. 6. 18.Hereof Paul in the Epiſtle to the Romans maketh mention at large, when he ſaith, That we being deliuered from ſinne by Chriſt, are now the ſeruantes of righteouſneſſe.
In 2. kings. 4.7 Moreouer, Seruitude was in old time ye puniſhment of ſinne: And no man is ignorant how it is a common ſaying: What a number of euils doe craue bondage? Exod. 21. 2. What lot the debtors had among the Hebrewes.Euen as it was lawfull among the Hebrewes for a man to ſell himſelfe, and his children, when he was brought to extreme pouertie: So is it credible, that there was among them a Magiſtrate, who being required by the Creditors, ſhould conſtraine the debtors (when they had not wherewith to pay,) that they ſhould ſell themſelues and their children, that by ſuch meanes their debtes might be all paide. Which is euidentlie enough gathered by a parable written in the 18. Chapter of Matthew, Verſe. 25.as concerning the king which commaunded a debtor of his together with his children to be ſould for the ſatiſfying of him. But how the lawes of men and of God hauehave decréed towardes debtors, I will touch in fewe wordes. The Ciuill Lawes as touching debtors.At this day an Arreſt, as they call it, is in vſe, whereof notwithſtanding the ciuill lawes hauehave made no mention. And thereby the debtors are ſtaid in the ſame place, where they were apprehended, and are forbidden to depart from thence before they compound with their creditors. And in ſome common weales they which are indebted be caſt in priſon vntil they hauehave paid. In the lawes of the xij tables as Aulus Gellius reporteth in the 20. booke and 1. Chapter, There was appointed by ye Iudge the ſpace of xxx. dayes, wherein the debtor might ſéeke monie for payment of his debtes: which if he could not obtaine, he was bound in fetters and giues, & deliuered to his Creditor, who conſtrained him to woorke at home like a laboring beaſt, vntill ſuch time as he were ſatiſfied of the debt. And of ſuch bondes Liuie maketh mention, and declareth that by reaſon of them there ſprang great ſedition, becauſe the people would not be ſo cruellie handled by their owne countrimen, and by them which were rich. The Saxon lawes doe binde the debtors: but the Roman lawes no where (ſo farre as I knowe) hauehave expreſlie decréed priſons for debtors. But expreſlie (I ſaid) becauſe it ſéemeth to be gathered in ſome ſort. For in the Code [the Title] Qui bonis cedere poſſint, in the 1. lawe it is written: that by departing from the goods, impriſonment was auoyded. Whereby ſurelie it appeareth, that the debtors which would not yéeld their goods ſhould be thruſt into priſon. And thereuppon is gathered, that the departing from goods was in place of a benefit vntounto the Romans, for by it they auoided impriſonment. But they which being condemned by the Iudge, were not able to pay the condemnation layd vppon them, were puniſhed in the bodie. For they were driuen to ſo manie and ſo great labours and workes, vntill ſuch time as they had ſatiſfied that wherein they were condemned: As we hauehave it in the Digeſtes, in the title De Poenitentia the firſt lawe, in the Paragraphe, Generaliter.
8 Howbeit, by the Romane lawes, power is not taken away from the Magiſtrate, but that he may caſt them into priſon, which by craft doe circumuent ſome, to the intent they may truſt them with monie, againſt whome afterward they vaunt: when they ſhew that they hauehave not wherewith to pay. Howbeit, this is doone by authoritie of the Iudges, not that the lawes hauehave expreſlie ſo decréed. But that this ſhould be doone by priuate men, ye Roman lawes hauehave in plaine wordes forbidden: As we hauehave it in the Digeſtes, De Reg. Iuris, in the lawe, Non eſt ſingulis. Neither were frée men brought into bondage, for not paying of debtes: As it is in the Code, De Actione & obligatione, in the lawe, Ob as alienum. Yea and by Iuſtinian verie gréeuous puniſhmentes are decréed againſt them which durſt to attempt it, as it is in the Authentickes, Vt nulli Iudicum liceat, in the Paragraphe, Quod vero, Col. 8. where he decréeth that they which hauehave committed this wicked acte, ſhould looſe their right of demaunding that which is due vntounto them. Further, that they ſhall pay as much monie vntounto him that hath the wrong [as the debt commeth to.] Neither was anie man thruſt into priſon for publike debt: as we may ſée in the Code, De Exactionibus tributorum, in the lawe, Nemo. Bartolus alſo, about the lawe Alia, in the Digeſtes, De Matrimonio Soluto, ſaith, that the bargaine is of no force, wherein a man bindeth himſelfe to priſon, if he paie not the debt within a certaine time, ſo bereauing himſelfe of the benefit of departing from his goods. Of the ſame opinion is Panormitanus de Pignoribus, in the Chapter, Lator. Howbeit, two caſes are here excepted. The firſt is: if he that is not able to diſcharge the debt, hauehave alienated all his goods before for deceiuing of his Creditors: As we hauehave it in the Digeſtes, in the title, Quae in fraudem Creditorum, in the laſt lawe. The other caſe is, if a debtor, when he gate other mens goods into his handes did knowe that he had not wherewith to paie, as it is written in the Digeſtes, De Iure dotis, in the laſt lawe but one. Neither are we to paſſe ouer that which is in the Code De captiuis poſt liminio reuerſis, in the laſt lawe, which was made by Honorius, that if anie captiue be deliuered at the coſt or charges laide out by an other: he when he ſhall be returned home, ought to repay the charges to him that hath redéemed him. And if perhappes he ſhall not be able to repaie him, he ſhould ſatiſfie his redéemer by ſeruices and labours, and finallie by his trauell for the ſpace of fiue yeares. And thus much as touching the impriſonment or bondage of debtors out of the Romane lawes.
The lawes of God touching debtors.9 The lawes of God hauehave made no mention of impriſonment of thoſe debtors which hauehave not wherewith to paie, but bondage they hauehave laid vppon them. And for better vnderſtanding of the matter, we will define a ſeruant or bondman. A ſeruant defined.He is an inſtrument indued with reaſon, which being ſeparated from others may execute his office, and is not at his owne libertie, but is in ſubiection of an other man. Of the kindes of ſeruitude.But of ſeruitudes there be manie kindes. Some hauehave taken place by the right of victorie, and they which tooke bondmen in the warres, had power ouer them of life and death. Others are made bondmen, not by the right of warre, but becauſe they hauehave ſould themſelues by reaſon of pouertie. Or elſe they hauehave bin plucked away from their parentes, or from their Lordes, or elſe frō the ſentence of the Iudge, when they were not able to make ſatiſfaction for that which was ſtolen. Others be bondmen, becauſe they hauehave bin procreated of parentes being bondmen. Further as touching diuine lawes, ſome ſeruantes were Hebrewes, and others were ſtrangers, as Chananites, Phyliſtians, and men of Tyrus &c. Bondage mitigated by the laws of God.God by his lawes did verie much mitigate the ſeruitude of the Hebrewe bondmen. Firſt, he would not that they ſhould be ſtraitelie gouerned by their Maiſters, that is by proud dominion and hautineſſe. Leui. 25. 3…Beſides he decréed, that deliuerance ſhould alwayes be at hand, and that it ſhould not be hindered by anie reward. Deu. 15. 12.Moreouer ye Iewes might not be conſtrained to ſerue aboue ſixe yeares, for the ſeuenth yeare he was ſuffered to goe frée. Exod. 21. 2.Neither did he alwayes ſerue out the vj. yeares. For if the yeare of Iubile had fallen in the third or in the iiij. yeare of ye bondage, he eſcaped frée. Beſides he would hauehave a bondman of this kinde, to be dealt withall like a hyred ſeruant, that letteth his labours to hire. Neither was it lawfull by the lawes of God, to ſell an Hebrewe vntounto ſtrangers. And when he was let goe frée, it was commaunded, that he ſhould not be ſent away emptie, but that a portiō of corne, of ſhéepe, and of other goods ſhould be giuen vntounto him. And not onelie he himſelfe was deliuered, but together with him, his children, and alſo his wife, ſo that ſhe were an Hebrewe. For the bondſlaues which were ſtrangers were neuer redéemed nor yet deliuered, vnleſſe the Maiſter were willing: and the children procreated by them, were kept in perpetuall bondage. It is manifeſt by theſe thinges which I hauehave rehearſed, that God did verie much eaſe the bondage as touching his owne people the Iewes. VntoUnto this lenitie it ſéemeth that Conſtantine alſo had reſpect, as it appeareth in the Code, the ſecond lawe, De patribus qui filios diſtraxerunt. For it ſuffereth not, that children ſhould be ſould by their Parentes, vnleſſe it be in extreme neceſſitie of hunger. And he will that they ſhould ſtraightway returne to fréedome, when there ſhall be offered an opportunitie of redéeming, either by reſtitution of the monie vntounto the byer, or elſe by putting an other bondman in his place. And albeit that the lawe of God did ſo mitigate ſeruitude, 2. kings. 4. 1yet did the widowe make requeſt vntounto Elizaeus, that it might not happen vntounto her children: partlie becauſe Mothers couet to hauehave euils though they be eaſie to be turned away from their children, and partlie becauſe that clemencie of God expreſſed by the lawes, was not perfectlie kept by cruell Maſters. For which tranſgreſſion, Ier. 34. 12.Ieremie did earneſtlie rebuke king Zedechias, becauſe perhappes he feared leaſt that children being alienated, ſhould by Creditors be driuen vntounto Idolatrie, which then had inuaded the x. Tribes.
Of Traficke, or occupying of Marchandiſe, and ingroſſing of vvares called Monopolium.
10 Whereas the holy Hiſtorie ſpeaketh of the Traficke of Salomon, In 1. kings. 10. The traficke of Salomon.that Narration hath two thinges woorthie to be obſerued. Firſt, that it may be declared how Salomon had ſuch ſtore of horſes, ſéeing Paleſtine bréedeth not manie of thoſe beaſtes. In déeds it hath manie Aſſes, and alſo manie Moyles and Camels, but verie fewe horſes. Wherefore it is declared, that Salomon eaſilie prepared himſelfe horſes out of Egypt. Further it is ſhewed, that riches came vntounto Salomon not onelie by Nauigation, but alſo by way of Marchandiſe out of Egypt. The matter was on this wiſe: In Egypt there is an increaſe of a great number of horſes, and thoſe fierce and couragious, which not onelie doe ſuffice that Nation: but alſo other Nations adioyning doe fetch from thence. Which was not permitted of them to be doone fréelie: For Pharao would hauehave a certaine tribute thereby. So as there was a certaine appointed cuſtome giuen for the carying away of euerie horſe, euen as at this day we ſée in ſome kingdomes. And forſomuch as Pharao was the father in lawe of Salomon, this prerogatiue of his, he gaue vntounto him: Namelie, that ſtrangers ſhould not carrie horſes out of Egypt, The licence that Salomon had touching the carying of horſes out of Aegypt.but by the leaue of Salomon, and by paying the cuſtome which he himſelfe had appointed. Wherefore it was eaſie enough for him, to hauehave plentie of horſes in his owne kingdome. Moreouer, through that cuſtome, there came verie much vntounto his Treaſure. And he exacted the cuſtome by a certaine companie of his owne Marchantes whom he had appointed vntounto this office.
11 Howbeit this kinde of gaine ſéemeth not onelie to be vile, but alſo incommodious and hurtfull vntounto Nations and prouinces. foreign.For it hath reſpect vntounto foreign, which is then doone, whē as a certaine kinde of thinges are committed to ſome one man alone to be ſould. Ingroſſing of wares are forbidden by the Romane lawes: Ingroſſing of wares forbidden.As it is in the Code De Monopolijs, in the lawe, Vnica. By which verie ſtrait lawe, Zeno the Emperour decréed, that they which vſed ingroſſing of wares, ſhould be diſpoyled of all their goods. And he added, that euen the letters of the Emperours ſhould not be heard, if they ſhould ſéeme to giuegive anie man licence to ingroſſe or get all into their handes. And vndoubtedlie, they that ingroſſe all into their owne handes, ſell not thinges according to their value and woorthineſſe, but ſet a priſe vppon them at their owne pleaſure. But how this kinde of Traficke ſerueth to gaine and getting of wealth, Ariſtotle ſheweth in his firſt booke of Politickes, the 7. Chapter, bringing the example of Thales Mileſius. The notable act of Thales Mileſius.Againſt him was pouerty vpbraided: Namelie that whereas he was more ſtudious in Philoſophie than the reſt, he alſo ſéemed to be in more neceſſitie than others. Wherefore he being minded to defend Philoſophie from the reproch of ill men, ſéeing he foreknewe by Aſtrologie, that the yeare following there would be a great plentie of Oyle, before that winter ſhould paſſe away, that is, before the Oliue trées ſhould hauehave flowers, hyred all the ſtorehouſes, the wine preſſes, and oyle milles. And whenas there followed a great fruitfulneſſe of the fruite of Oliues in Chios and Miletum, none could hauehave anie ſtorehouſe or inſtrumentes for Oyle, vnleſſe it were permitted them by Thales. Theſe thinges when he ſet foorth to hyre, he ſomewhat rayſed the price: whereby he gate an abundance of monie, and gaue fooliſh men to vnderſtand that it will be an eaſie matter for a wiſe man, if ſo he thinke fit, to gather vntounto him great ſtore of monie. The ſelfe ſame fact dooth Cicero rehearſe in his firſt booke, De Diuinatione: but ſomewhat after an other ſort than did Ariſtotle. For he writeth not that the ſtorehouſes of Oyle were hiered, but that the Oyle it ſelfe was bought. This dooth Plinie ſhewe in his 18. booke the 28. Chapter, but he aſcribeth it not to Thales, but to Democritus. And he ſaith, that he did not foreſée a great plentie of Oyle, but a verie great ſcarcitie, and bought for himſelfe all the Oyle which ſhould be growing in the countrie. The ſame Ariſtotle brought an example of him, which bought vp all the Iron at Siracuſa. And when the Marchantes were come to the Faires, he ſomewhat aduauncing the price, gate verie much gaines. This did Dion the Tyrant take in very ill part, and therefore draue him out of the Citie. For he ſuppoſed that the ingroſſing by priuate men was not profitable to his exchequier. Strabo in the fourth booke of his Geographie ſaith, that the Tauriſci, (which at this day we call Taurinati, being a people towardes the Alpes in the borders of Italie, had in times paſt excellent Gold mines. And when in the digging of Golde they were holpen by other Italians, who afterward tranſported into diuers partes of Italie that which they receaued for their wages: thereof it came to paſſe, that in ye ſpace of two moneths Gold in Italie was ſould a third part better cheape than it had bin before. Wherefore the Tauriſci ordayned an ingroſſing in their own handes, by meanes whereof it ſhould be lawfull for themſelues onelie to ſell their Gold. And there are accuſtomed to be made ingroſſinges of Sault, and of Alum, and of manie other thinges which belong as well to meate as to drinke. And this (as Ariſtotle teacheth in the place now alleaged) hauehave the Commonweales and princes of Cities attempted, when they hauehave néede of monie. And this ſometime did Charles the 5. The lowe Countries of Flanders, Holland, &c.within our age in the lowe countries: And likewiſe the king of Portingall as touching ſpices.
12 But to returne to Salomon, He cannot be accuſed of filthie and hurtfull gaine: For he vſed not this foreign, of what ſort ſoeuer it were, within his kingdome, ſo that he did no harme to his Citizens. But thou wilt ſay, yt by vſing of this trafficke in Egypt he did hurt the Egyptians. No not one whit: For he preſcribed not any thing to the Egyptians, for it was lawefull for them to buy of whom they would, & that for the vſuall price. Alſo it hindered no ſtrong nations at all: Becauſe the Noble men and Princes which were neare neighbours, or elſe marchantes might not otherwiſe bring out horſes from thence without the graunt and good will of Pharao, vntounto whom alſo it behooued to paie the cuſtome appointed by him. But if that Pharao would graunt this right of his vntounto Salomon, it was frée for him to doe the ſame without iniurie to anie man. I am not ignoraunt of this, that there bée ſome of the Hebrewes which thinke that this right giuen to Salomon, pertained not onelyonly vntounto horſes, but alſo vntounto ſilke. For they iudge that the Hebrew word Micue is euen the ſame in effect that is Ticua, wherby is ſignified yearne or a thread of ſilke. In verie déede, garments of ſilke were in great eſtimation in the eaſt and ſouth Regions, therefore they thinke, that as well horſes as ſilke might not be brought out of Egypt, vnleſſe it were by Salomon or by his agents. Howbeit the matter is vncertaine, namely as touching ſilke: wherfore I will not much ſtriue about that matter. But this I affirme, that euen héereby is gathered, (which alſo other good authors as I ſhewed before hauehave taught,) that ye ingroſſing of wares is a very certaine and ready way to make gaine. But of what price the horſes were, The price of thoſe horſes which Salomon caried out of Aegypt.and for how much they were carried out, it is declared. A Chariot of foure horſes coſt ſix hundreth ſicles of ſiluer or drachmes: That is after the account of our times two hundreth and fortie crownes of the Sunne, as Budaeus a verie learned man in his booke De Aſſe hath declared, when he purpoſelie tooke in hand to expound this place. So that they paid for euerie horſe 60. Crownes: which alſo is in vſe at this daie. For a horſe of luſtie courage and great, as are barded horſes, will bee of no leſſe price than thréeſcore crownes.
13 But when as Pharao ſendeth the people crying out vntounto Ioſephe, In Gen. 14.and he ſelleth Corne, it is not méete that they which ingroſſe wares into their owne hands ſhould hereby defende their naughtie couetouſneſſe. They doe therefore vſe the ſame becauſe it helpeth to make them verie riche. A thing doubtleſſe not beſéeming to a man that is wiſe and of a good nature. For ſometimes priuate men buy of Princes a right of ſelling this or that kinde of thing, ſo as it may be lawfull for them alone, and they themſelues ſet a price, not according to iuſtice, but according to couetouſneſſe. Wherefore ingroſſing of wares muſt be condemned, as being that which hurteth the publike profite, and is againſt iuſtice. Yet do I not deny, but that the common wealth it ſelfe ſtanding in any neceſſitie, ſo as it wanteth money, may ordaine that certaine things be ingroſſed for a publike benefite. For I thinke there is no difference betwéene this, and to impoſe a newe taxe. But here the caſe is altered. The king commaunded that corne ſhould be gotten together and kept for a publike ſafetie. For priuate men neglected this care, therefore it behooued the Magiſtrate to hauehave here a great regard. Moreouer, he hindred not others which would do this. Herein alſo was the commaundement of God, which excuſeth whatſoeuer may here ſéeme abſurde vntounto mans reaſon. Iuſtinian forbad ingroſſings, becauſe it was brought in not to the vtilitie, but to the deſtruction of the people. And becauſe it was chiefely vſed in the Countrie of Paleſtine in reſpect of the ſlyme which there groweth, to wit, that ſome one man bought all that ſtuffe, that he alone might ſell it abrode, and the Gretians call that ſlime foreign: hereof it came to paſſe that thoſe ingroſſing of thinges are commonly called Aſphalta. But in this place we ſaie that either this was no verie ingroſſing, or elſe that whatſoeuer we reade here to bee doone, muſt not be drawne to an example, ſéeing we hauehave the commandement of God againſt it.