Six Books of the Commonwealth

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Six Books of the Commonwealth SIX BOOKS OF THE COMMONWEALTH by JEAN BODIN Abridged and translated by M. J. TOOLEY BASIL BLACKWELL OXFORD PRINTED IN GREAT BRITAIN IN THE CITY OF OXFORD AT THE ALDEN PRESS BOUND BY THE KEMP HALL BINDERY, OXFORD [taken from the Liberty Library of Constitutional Classics] <http://www.constitution.org/liberlib.htm> CONTENTS INTRODUCTION I. Biographical Sketch. II. The Argument of the Six books of the Commonwealth. TRANSLATOR'S NOTE. BIBLIOGRAPHICAL NOTE. THE SIX BOOKS OF THE COMMONWEALTH. BOOK I [The chapter numbers in brackets are those of the original French.] The final end of the well-ordered commonwealth [Chapter I] 1 Concerning the family [Chapters II-V] 6 Concerning the citizen [Chapters VI and VII] 18 Concerning sovereignty [Chapter VIII] 25 Concerning feudatory and tributary princes [Chapter IX] 36 The true attributes of sovereignty [Chapter X] 40 BOOK II Of the different kinds of commonwealth [Chapter I] 51 Concerning despotic monarchy [Chapter II] 56 Concerning royal monarchy [Chapter III] 59 Concerning tyrannical monarchy [Chapters IV and V] 61 Concerning the aristocratic state [Chapter VI] 69 Concerning popular states [Chapter VII] 72 BOOK III The council [Chapter I] 77 Officers of state and holders of commissions [Chapters II and III] 80 The magistrate [Chapters IV and V] 84 Concerning corporate associations, guilds, estates, and communities [Chapter VII] 96 BOOK IV The rise and fall of commonwealths [Chapter I] 109 That changes of government and changes in law should not be sudden [Chapter III] 123 Whether the tenure of office in the commonwealth should be permanent [Chapter IV] 128 Whether the prince should render justice to his subjects in person [Chapter VI] 133 How seditions may be avoided [Chapter VII] 138 BOOK V The order to be observed in adapting the form of the commonwealth to divers conditions of men, and the means of determining their dispositions [Chapter I] How to prevent those disorders which spring from excessive wealth and excessive poverty [Chapter II] Concerning rewards and punishments [Chapter IV] Whether it is expedient to arm subjects, fortify and organize for war [Chapter V] The keeping of treaties and alliances between princes [Chapter VI] BOOK VI The census and the censorship [Chapter I] The revenues [Chapter II] A comparison of the three legitimate types of commonwealth, popular, aristocratic, and monarchical, concluding in favour of monarchy [Chapter IV] That in a royal monarchy succession should not be by election nor in the female line, but by hereditary succession in the male line [Chapter V] Concerning distributive, commutative, and harmonic justice, and their relation to the aristocratic, popular, and monarchical states [Chapter VI] INTRODUCTION I. BIOGRAPHICAL SKETCH JEAN BODIN, like Machiavelli, was one of those writers whose political thinking developed under pressure of personal experience. The Six books of the Commonwealth was published early in 1576, and more than any of his other works, reflects all the facets of his very varied experience. It is the work of a humanist who had had a conservative education; of a jurist who was as familiar with the work of Du Moulins on the customary law as of the medieval civilians; and of a patriot who had turned his attention to politics in the conditions produced by the Wars of Religion. The circumstances under which the first years of his life were passed explain how he came to be all these things. He was born in Angers in 1529 or 1530 of a prosperous bourgeois family. His first patron was its bishop, Gabriel Bouvery, a man of influential connections -- he was a nephew of Francis I's Chancellor Poyet -- and a scholar versed in Latin, Greek and Hebrew. Under his influence, at the early age of 15 or 16 years, Bodin was professed in the Carmelite house of Nôtre-Dame at Angers, and then sent with three other young monks to be educated at the house of their Order in Paris. In Paris he came in contact with both the old and the new learning. His style of exposition makes it clear that he was trained in the old methods of formal argument. It is also clear that he was grounded in the traditional aristotelianism of the schools, without however succumbing entirely to its influence. He was familiar with Aristotle, but nearly always treats him as the antagonist to be refuted rather than the master to be followed. What, understandably enough, he seems to have found more attractive was the new learning centred in the Collège des Quatre Langues, later to become the Collège de France, where linguistic studies replaced theological, and Plato superseded Aristotle as the master philosopher. Its courses were open to all who cared to attend, and there Bodin probably acquired his extensive knowledge of Greek and Hebrew literature, and his platonism. As a legacy of his Paris education his style was permanently modelled on the disputation, but he was a man of the renaissance in preferring Plato to Aristotle, and in being at any rate as much interested in the humane studies of languages and history as in philosophy and theology. His first sojourn in Paris ended when he was 18 or 19 years old with his leaving the convent, after being dispensed from his vows, and abandoning the study of philosophy and the humanities for that of law. The circumstances leading up to this great change of direction are obscure. But in 1547 the prior of the Carmelites of Tours and two brothers, one of whom was named Jean Bodin, were cited before the Parlement of Paris for having too freely debated matters of faith. In the event the prior and one of the brothers, but not Jean Bodin, were burned. It is not certain whether this was the author of the Six books of the Commonwealth, for the name Jean Bodin was fairly common in the sixteenth century, nor why he escaped, whoever he was. Did he recant? Or was influence used to save him, perhaps that of Gabriel Bouvery? Our Jean Bodin's written works are evidence that he was the sort of man who might easily have got into such dangers in his youth. His last book, the Heptaplomeres, a dialogue between people of different religious faiths, shows him to have been deeply interested in religion, to have been profoundly curious about all the various systems of belief professed in his day, and to have reached so detached a judgement of them that what his own convictions were is a matter of some controversy. He always expressed great repugnance for any policy of forcing men's consciences, and declared in the Heptaplomeres that under such a threat a man was justified in concealing his convictions. He never risked publishing this work. If the Carmelite of 1547 was our Jean Bodin, the reason for his leaving the dangerous environment of the convent becomes clear; and his attitude to religious persecution, and his tendency to conform his own religious profession to time and place, is explained. The same sort of ambiguity hangs over what may have been another incident in his religious experience. In 1552 a Jean Bodin was in Geneva and left about a year later. If this man also was our Jean Bodin it is evidence of his desire to acquaint himself thoroughly with what Calvinism stood for, but one cannot be certain of anything else than that he must have conformed openly to Calvinist practises. The treatment of Calvinism in the Heptaplomeres does not suggest that he became, much less remained, a convinced Calvinist. The burning of Servetus for heresy in 1553 might well have determined his leaving the city. Before this happened, about 1550, he had embarked on the study of the civil law, and but for the possible break in 1552, was for ten years in Toulouse, both as student and teacher. That is to say his life in Toulouse was the counterpart of his life in Paris. His environment was academic, and his activities those of a scholar, though Roman law had replaced the classics as the subject of his studies. His entry into the world of affairs came in 1561 when he abandoned the teaching of the law for its practice, and went to Paris to be called to the bar. He had, of course, to take the oath declaring his catholic orthodoxy required of every avocat du roi on entering into his office. The removal involved more than a change of occupation, important as that was to his development as a writer. The climate of legal opinion was very different in Paris from what it had been in Toulouse. In south France the new learning had invaded the law schools. A new jurisprudence, especially associated with Bourges, and the name of Jacques Cujas, developed out of the humanist passion for recovering and reconstituting the classical past. The great medieval civilians, a Bartolus or a Baldus, consciously adapted Roman law to the legal requirements of their own age, just as the medieval grammarian consciously developed Latin to be a vehicle for expressing his own processes of thought. To Cujas this was a work of barbarization, and he aimed at restoring the original text of the corpus iuris civilis. The results of his endeavours was one of the monuments of renaissance scholarship, and put him in the front rank of sixteenth-century jurists. Paris lawyers were at once more conservative and more practical, perhaps because the customary law of the north, though deeply penetrated by the principles of Roman law, was not a derivation from it, as was the case in the south, but fundamentally an indigenous growth. The Paris lawyer, concerned with the problems of actual legal practice, necessarily therefore perpetuated the Bartolist tradition in his treatment of Roman law.
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