Princes which have not a collected power and force and such as doeth farre exceede the strength and power of the people are no farther to satisfie the souldiour then iustice his desertes and the lawes of the lande shall require Therefore Carolus passing manie countries where the forces of his souldiers were inferiour to the people did streightly commaunde that they shoulde abstaine from committing of vvronges and iniuries Sol This vvhich you have saide agreeth vvith reason but sometimes not vvith the necessity of times vvhich vvas never yet subiect to humane discretion Epi It must be confessed that the times of warres and peace are not all one but yet as vvell in the times of vvarres as also in times peaceable we ought to shew our selves studious in delivering the people from oppression For vvhat hope may we have of those cities vbi milites in cives graviùs quam in hostes grassantur CAP. 8. The readie waies and meanes to resist all occasions of declining which maie arise by the oppression of the Souldiers SOL Then we shall readily performe the same if we shall remove the occasions which are in number two namely the want of pay and want of other discipline for if the souldier vvere well paied and offending by martiall discipline well punished all disorders by these meanes would be easily reformed Epi You saie well payment ought first to be made and then discipline exercised for disciplinam inquit Cassiodorus servare non potest icinnu◠exercitus dum quod deest semper praesumat armatus Sol But ought this payment to be made at the charge of the Prince or of the subiects Epi At the common charge of the subiects because it is a common safegard 〈◊〉 benefite which equally redoundeth to all Sol You say well for garrisons are placed for naught else but to garde the good subiect from the sodain invasion or oppression of the enemy or rebell and if they ought to defray the charge that reape the benefite then every subiect shoulde make equall contribution herein Epi Wee doe agree herein that payment ought to be made at the common charge of the subiect but convenient it were that this charge were drawne to a contribution certaine for where the contributions are altogither vncertaine by the waie of cease or otherwise there the people are vsuallie oppressed and the Prince vvearied with complaints or the same reiecting the people take occasion thereby to mutinie and rebell Therefore wisely Henricus secundus rex Francorum nostra aetate tributum imperarat Anno. 1549. Quod vulgus talionum appellavit testatus seid militum stipendio daturum ne cum caeteris vectigalibus conturbaretur vt plebs abiniurijs ac direptionibus militum tuta esset At an other time payment was made by certaine citties for the maintenaunce of tenne legions vt ab incensionibus ac direptionibus militum tutae essent In like manner the counsel of Athens by receiving a composition certaine from the handes of the subiect in liew of cease and duties vncertaine have thereby mightily quieted and pacified the subiect augmented the publike treasury and advaunced and reformed that governement Epi Shew vs I pray you the order and manner of the compositition Sol The first composition taken for the west partes was framed after this maner as it may appeare by this president vvhich I doe here deliver vnto you By the Lorde President and Counsell of Mounster Whereas Iohn Mac Conoghor of Corbally in the County of Waterforde gentleman complained vnto vs that he holding and occupying two plough landes in Corbally aforesaide the same being charged with cease and other impositions vncertaine he desired to yeeld a yearely rent out of the same to her Maiestie in respect of the saide cease and other 〈…〉 charges to the maintenance of the houshold of the Presidencie or otherwise that by occasion may be imposed vppon the saide County and therefore hath graunted and compounded for him and his heires to pay to her Maiesties vse yearelie out of the saide two plough landes the summe of fortie shillings sterling which being by vs on hir Maiesties part and behalfe accepted We will and require you and every of you from hence forth in no wise to charge and impose or suffer to be charged or imposed the saide landes or any part thereof with any her Maiesties cease of horsemen horse boyes kearne galloglasse biefe mutton porke corne subsidie or any other charge or provision whatsoever tending or belonging to her Maiesties service by waie of cease to be demaunded or challenged In witnesse whereof I the said Iohn have to this parte of the Indenture remaining with the saide Lorde President set to my hand and seale the xxvi of October 1577. Epi I finde sundry matters observed in the making of this composition worthy to be commended First for that the same was effected with the consentes of the subiectes and not forced and commaunded as sometimes the Israelites were by Samuel which in his oration vnto the people saide Regem habituri estis qui decimas fructuum vobis imperaturus est neither here are they pressed by the authority of any duke of Albane to render the tenth part of all things vendable Vnde porro Belgarum ab Hispanis rebellantium orta seditio Sol I hold reasonable tributes to be a matter of so great importaunce and necessity as Princes may lawfully commande and exact the same at the hands of the subiect and therefore saith one Quid enim restaret quo princeps imperium tueri possit sublatis portorijs ac tributis And therefore when Nero offered to acquite and deliver the subiect of all tributes and impositions wisely the Senate after thankes rendred vnto Nero disswaded the fact Ne Respub aere diruta momento collaberetur saying though many seditious persons desirous of innovatiō have promised the people immunitie of all tributes and impositions yet to graunt the same it were altogither vnlawefull and if it were lawful yet ought you not to do the same for the safety of the common-weale Cum eo veluti firmamento Resp nitatur Epi Be it so that they may commaunde a matter so necessary for the sustaining and vpholding of the common-weale yet for the avoiding of sedition and the discontentment of the people their consentes are required the time also is to bee regarded the nature of the common-weale is to be respected and lastly the imployment of those tributes ought to be vnto publike vses For Princes in the beginning of their governement are not to impose tributes fearing least the ten tribes for this cause shall rebell and that a new king be chosen in the place of Roboham But at such times they shal more wisely with the Frēch King being newly possessed of the Duchey of Milbaine acquite discharge the people of al tributes which did mightilie as then advance his conquest Againe the nature and condition of the common-wealth is a matter no lesse worthy of consideration then the time for if the
or no discontentment and maintained with far lesse charge they bee founde also more faithfull and stoute defendours of the confines of the country then garrisons and therefore it is saide by a man of great vnderstanding Si reges nostri capto Ludovico 12. rege Insubriae Colonias eo misissent vt quondam Celtarum reges fecisse dicuntur Insubria a Francorum ditione ac potestate non tam facile defecisset nec vero Hispani praesidijs militaribus nulla Colonia deducta perpetuum eius regionis imperium tuebuntur sed ab imperio subditi arrepta occasione desciscant oportet non aliter quam Belgae quos iam pridem colonijs Hispanorum ad imperium retinendum coniungi necesse fuisset quoniam nec vlla vis diuturna esse potest pessimus diuturnitatis custos est metus in like manner Salamina notvvithstanding the strength of garrisons doth daily take all occasions of declining but in former times after colonies were deducted then Salamina continued for many ages in their obedience in such sorte as none durst beare vppe heade but lived as vassals and obedient people vntill partly by the iniquity of the times partly by our domesticall factions and lastly by a negligence and security then found in these colonies they were overthrowne and expelled by the native borne people of that lande all which in the act of attainder of Shane Oneile more at large may appeare as also in the statutes of Absentes Sol Nowe sith the necessity of colonies doeth manifestly appeare by vnfallible proofes and examples let vs proceede vnto the profite and benefite that grovveth thereby Epi The benefites that hereby arise to the common-weale are sundry and diverse first the people poore and seditions vvhich were a burden to the common-weale are drawen forth vvhereby the matter of sedition is remooved out of the Cittie and for this cause it is said that Pericles sent into the country of Cherronesus a thousand free men of his Cittie there to dwell and to devide the landes amongst them five hundreth also into the I le of Naxus into the I le of Andros others some he sent to inhabite Thracia and others to dwell with the Bisaltes as well thereby to ridde the Cittie of a number of idle persons who thorough idlenes began to be curious and to desire chaunge of thinges as also to provide for the necessity of the poore towns-men that had nothing which being naturall Citizens of Athens served as garrisons to keepe vnder those which had a desire to rebell or to attempt any alterateration or change secondly by translating of colonies the people conquered are drawen and intised by little and little to embrace the manners lawes and governement of the conquerour lastly the colonies being placed and dispersed abroade amongest the people like Beacons doe foretell and disclose all conspiracies and as a garrison also are wont to suppresse the mutinies of such as are desirous of alteration and change and to this effect it is saide in the statute of Absenâ—es that the colonies which were sometimes deducted for the defending of the confines of Salamina then and many ages after abiding in the saide lande did nobly and valiantly defende the same against all enemies whatsoever as also kept the same in such tranquillity good orders as the kings had due subiection of the inhabitance the lawes were well obeyed and of all the revenewes and regalties they were duely aunswered as in any place whatsoever lastly they yeelde a yearely rent profite or service vnto the crovvne for ever for these causes above rehearsed it is saide Romani victis hostibus Colonias deducebant and the French conquering Lombardy did chase out the auncient inhabitants and in their dwelling placed colonies in like manner the Emperour of the Turkes from time to time of Christians whome then he reduced in servitude deduceth colonies so as it is saide that Carolus 5. imperator debellatis Pernanae regionis gentibus eadem quam Turcarum rex in coloniarum translatione ratione vsus est Sol Nowe sith as well the necessity as the profite of deducing colonies doth sufficiently appeare vnto vs let vs proceede vnto the manner and order of translating of colonies as the thirde matter vvoorthy of consultation Epi In the order and manner of deducting collonies certaine rules are to bee observed first that the lands be so devided as strengths by great numbers may be deducted and therefore Duo cuique iugera tributa sunt but not long after Prolatis finibus lege Licinia septem iugera cuique civi assignata legimus the which order was observed by the Romaines But otherwise the Emperour of the Turkes iugera quindecim cuique attribuit The Romaines laboured to deduct colonies by great numbers especially out of the confines of Italy to the ende that by the proper strength and forces of colonies they might easilie defende the confines of their dominions and suppresse al such as were founde desirous of innovation Secondly we are to plant and place our colonies in the most rich and fruitfull landes Vt in eo civibus numero auctis alimenta suppetant potentiaque auctae huiusmodi novae vrbes omnem internam vim propulsare atque etiam opprimere queant Thirdly such as are to be deducted in the number of colonies we shall wisely make them but proprietaries of the landes during life onely Vt fructuarij occasu fructus in aerarium cogerentur quoad principis beneficio alius succederet quemadmodum Amurates cum Timariolis egit by vvhich constitution three matters beneficiall to the weale publicke shall arise first opportunity shall be lent from time to time to recompence servitours by these casuall profites that shall arise without imposing any newe charge vpon the common-weale secondly by the death of this tenaunt for life the profites thereof growe vnto the prince vntill the landes be newly disposed by him thirdly the prince or state being to dispose these landes at his or their pleasure shall with this rewarde binde the proprietarie of the lande during life in all services to be loyall and faithfull lastly by holding this course sundrie inconveniences shall be eschewed which vsually followe such as graunte these landes in perpetuity for in such cases they have beene founde in Salamina especially after two or three descentes to inter-marry and foster with the meere native people and by that occasion decline sometimes from their obedience at other times they are founde to make leases of their landes or to make a grant over of their estates vnto such as are not well affected vnto the governement to the overthrowe of themselves and common-weale as it may appeare in the statute of Absentes where it is saide that the colonies being possessed of their landes did make leases of diverse of their holdes and manners vnto the late Earle of Kildar attainted by occasion whereof the same came to the possession of Thomas Fitz Garralde his sonne and heire who intending a daungerous rebellion was aided assisted
governement hee hath shewed himselfe to bee the person which Archilocus describeth in these his verses He is both Champion stout of Mars his warlike band And of the Muses eke the artes doth vnderstand EPI It seemeth also convenient for the better avoiding of difficulties and dangers that such heads and leaders as shall be found to give impediment vnto this maner of reformation be committed to some safe-gard or prison and there detained all which Dionysius advised Dion sometimes by his letters wishing him thereby not to set them at liberty which hated him and the action which he had then vndertaken of reformation Sol If the Earle of Desmonde late of Salamina committed to safe-gard prison for his sundry rebellions against the Citie of Athens had there beene safely detained the warres of Salamina had neither beene chargeable nor troublesome vnto the Citie of Athens and if Iames Fitz Morrice in like maner being in safetie and custody of officers to aunswere all accusations of high treason had not beene set at large by the Iustices for the time beeing he had not then wasted burned and spoiled a great part of Salamina neither had he put the Citie of Athens to so huge and mighty a charge nor yet combined with the enemy to the great daunger of that estate Therefore it is a chiefe suerty vnto Princes and great furtherance vnto actions of importance to commit to safe-gard and prison such as may give impediment thereunto for the which cause king Fredericke did no sooner intend the warres against the French but he apprehended and put in prison the Prince of BisignaÌ„ and the County of Molotte as friends vnto the French But now sith we have spoken at large of the first part and member of this reformation let vs descend vnto the other which you have tearmed a reformation absolute and vniversall THE SECOND BOOKE OF Solon his follie CAP. 1. A description of a reformation vniversall and of the whole state and bodie of the common-wealth EPI This reformation vniversall of the whole state and body of the common-wealth is nothing els but a thorough and absolute mutation and change of auncient lawes customes and manners of the people and finally of the common-wealth it selfe vnto a better forme of governement Sol It seemeth then that this reformation respecteth three matters principally first the mutation of auncient lawes and customes secondlie the alteration and change of manners in the people and finally a new institution and a better forme of governement then before prescribed CAP. 2. Of the reformation of auncient lawes and customes EPI You have well observed my meaning and purpose and to this effect a subtile writer making mention of this reformation generall and absolute saith that he which shall attempt the same must alter and chaunge all the auncient lawes and customes quia ne leges quidem quae in ipso ortu reipub à bonis viris late sancitaeque sunt sufficientes vtilesque sunt ad eos câ—ves frenandos qui in eadem repub à maiorum virtute degenerarunt pravi facti sunt for saith he where we finde the times and people thoroughly changed embracing now that which is found contrary to their former course and manner of living wee ought also to chaunge the auncient lawes and customes for contraria subiecta non debent eodem modo tractari The Romaines may herein be vnto vs a liuely example for after they had subdued Asia Africa and in a manner had reduced vnder their governemental Greece they fell eftsoones into a corruption of manners contrary to all their former discipline institution and accustomed manner of living their auncient lawes and customes established for creating of Magistrates they mightely abused selling their voices of election openly in the market place for mony in like manner did they abuse al other their auncient lawes and customes namely the lawes and customes which devided the common-weale and power thereof into the handes of the people and Senators so as there could not be a reformation of that estate without a mutation made of those auncient lawes and customes then growne by the iniquitie of those times out of vse Sol But what neede vvee search forraine examples when Salamina doth afforde sundry proofes thereof where we may beholde many auncient customes and privileges granted no doubt at the first for the advancement of publike services but now turned by a generall corruption in the subiect to the ruine of themselves and the lande of Salamina which must of necessitie bee altered and chaunged before any thorough reformation may there be established all which may appeare vnto such as shall reade the Act of Absentes which is lefte vnto vs as a register of the fall and declynation of the state of Salamina wherein it is manifest that the Lords of the several counties of Carthelagh and Wexforde being places priviledged maie keepe and hold all manner pleas within the same by occasion and vnder pretence and collour whereof the kings lawes writtes or other processes be not obeyed neither anie other lawe or iustice there vsed or administred for the quieting and good ordering of the subiect so as in defaulte thereof the kings enemies have them in servage al murders robberies theftes treasons and other offences remaine vnpunished the kings wardes reliefes escheates and all other his profits and revennewes are there withdrawne and the service strength and assistaunce of the saide subiect is greatly minished all which more at large shall appeare to such as shall pervse the saide statute so as we may conclude that without a mutation made of these auncient customes and priviledges now growne out of vse and declyned from their first institution by a generall corruption in the subiect the state of Salamina may never be perfitly and thoroughly reformed For as the state of Rome in manner as afore declined coulde not by the lawes sumptuarij ambitus neither by any other new lawe be sustayned and vnderpropped without a thorough alteration made of all other the auncient lawes and customes thereof so may we not expect in these daies a thorough reformation of Salamina by the lawes of Captainshippe the lawes against Coiney and Liverie the lawes against taking of pledges the lawes against wilfull murder or any other new lawe whatsoever made for the reformation of Salamina without a thorough alteration made of the auncient customes and priviledges thereof all which we there sometimes imployed in that service were daily taught rather by experience then by any learned or deepe discourse that may be made therof In like manner if the custome of Captainshippe the custome of Coiney and Livery and the custome of taking of pledges the custome of Tanistery the custome of protecting and supporting of traitours had not beene abolished by lawes then all newe lawes whatsoeuer would have beene founde vnprofitable for the reformation of Salamina for in such cases it is saide by learned writers that leges novae minus prodesse queant ad
footemen galloglasse kearne hasbutteres horses horseboyes huntes studkeepers officers and adherentes and more then this these Nobles and Lordes did leade as Captaines the people thus assembled vnto the accomplishing of act and actes offensive and invasive without speciall authority Epi By these statutes and recordes thus by you remembred it seemeth that all the warres of Salamina did proceede from the greatnesse of the Nobles and Lordes Sol So much the recorde it selfe doeth report where as it it is saide that their greatnesse was such as they did acknowledge no superiour nor any obedience vnto Athens It is saide also that the might and greatnesse of Iames sometimes Earle of Desmonde Garralde Fitz Garralde Earle of Kildare and Thomas Fitz Garralde his son was the occasion of many rebellions as by the recordes of Salamina more at large it may appeare Epi It seemeth also by the recordes of Salamina by you now remembred that the Nobles Lords by their greatnes did mightily oppresse the cōmonalty inforcing thē to graunt ceases benevolēces finding of men at armes as horsemen footemen galloglasse kearne hasbutters horses horseboyes huntes studkeepers officers and adherents Sol Yes verily for by way of protection and defence the nobility did levie exactions intollerable so as they were forced to establish a law that no man within the land of Salamina shall have any tribute or exaction or any other vnlawful imposition of or vppon any subiect within the same lande Epi Herein they were provident of the preservance and continuance of the estate of Salamina for nothing giveth greater occasion of declining then the oppression of the cōmonalty For the Israelites beeing mightily oppressed by the Aegyptians vvere thereby inforced to follow Moyses by whom they vvere restored vnto their libertie The Persians Medorū imperio infensi were thereby induced to follovve Cyrus And the naturall citizens of Rome being not defended from the oppression and furie of Hanniball tooke occasion of revolting and rebelling How displeasing oppressions be every where vnto the multitude the same the people of Salamina have livelie vvitnessed when as they tearmed sometimes the exactions of Coiney and Liverie imposed by the nobility and Lordes of that land by the name of grievous exactions nay vvith great Emphasies they tearme it the frette of our times and substaunce nay yet with greater indignation carryed against this manner of oppression they tearme it by the name of that horrible and most detestable custome of Coiney and Liverie yea they terme it to be the very nurse and teate that gave sucke and nutriment to all disobedience rebellions enormities vices and iniquities of that realme over fowle and filthie here to be expressed and such as did iustly provoke the wrath and vengeance of the almighty God vppon the people of that lande The like oppression of the nobility over the meaner people was sometimes the authour of many seditions in Rome and provoked the people to demaunde Tribunes which as arbitrators of the insolencie of the nobility might give them iust defence from their oppression And this stirreth the people sometimes the better to make their deliveraunce from the oppression of the mighty with the consent of the forrain enemy even to the invading and destroying of the people country CAP. 6. The meanes to withstande all occasions of declining growing vnto the com +mon-wealth by the greatnesse of the nobilitie SOL Sith this seemeth to be a matter of so great importance to defende the multitude from the oppression of the mighty it shall be convenient that we now proceede vnto the meanes whereby we may in such cases as well abate the greatnes of the Lordes and Nobles as also deliver the multitude from their oppressions and wrongs Epi The meanes are sundry Sol What be they Epi First we are to establish lawes wherby as well the dignity of the Nobles as the liberty of the people may be preserved and defended according to the example of all common-weales well governed Sol Herein Salamina is found inferiour to noe nation especiallie for lawes which respect the liberty and welfare of the people the which is the matter nowe in deliberation Epi What be they Sol The lawes against Coiney and Livery the lavves against Captainship the lawes against taking of pledges contrarie to the common law with many other lawes prohibiting vnlawfull customes and exactions so as it seemeth that good lawes are not sufficient to render a common-weale happie and prosperous Epi Noe surely no more then a medicine well prepared may cure the diseases of the body if the same be not rightly applied it resteth therefore that governoures provinciall doe diligently intend the observation of these lawes in such sort as they be inviolable whereby in a short time they shall confirme the mindes of the multitude and render them secure quiet and contented Sol This which you haue saide by sundry actes and recordes nowe extant for Salamina maie appeare for there it is saide that the people were not onlie drawne from rebellions and vnlawfull attempts by the extirpation of this exaction of Coiney and Livery but they were sometimes by the due exaction of that lawe stronglie indued to affect and imbrace iustice and peace so as al commaundementes by waie of iustice are there obeied Naie that vvhich is more in place of cursing and rebellions there is founde ioie iolitie and blessing of that goddesse Minerva the protectour and defendour of Athens by whose providence so great an evill was remooved So as we maie conclude that nothing doeth so much induce a nation or people be they naturall subiects or gained by conquest to imbrace that governement which is prescribed vnto them by those which have rule power authority over them there is nothing I say so availeable to render thē loyall subiectes willing embracers of governement as a iust defence given by due execution of profitable lawes from all oppressions and wronges Epi You have saide the trueth for a nation conquered desire their former libertie for no other cause so greatly as thereby to possesse that which is their owne freelie and securelie so as enioying the same they have attained the ende of their desires and rest for the most parte contented with the governement But on the contrarie with the oppression of the mighty the thoughtes and desires of their former libertie are daily kindled in such sorte as they sticke not to practise with forraine enemies the restitution thereof It is necessary therefore in such countries that the lawes for the defence of the multitude against oppressions bee holden inviolable in such sort as everie one maie confidentlie saie with the governoures of Darius it is the lawe of the Medes and Persians which maie not be broken Sol But some provinciall governoures of Salamina have beene founde more studious with Savanorola in making of profitable lawes then faithfull observers thereof whereby the whole countrie of Salamina hath vvell neare perished but I could vvish that with Savanorola