the lawes customes of their realms which they may coÌ„mute antiquate and abrogate as they list vnlesse such as haue voluntarily restrained themselues in some particulars to the consent and suffragation of their Peeres and Commons for so much as kings are the ministers and deputies vnder God to and from whom they must yeeld account and receiue punishment according to their administration to them committed if they doe abuse the same or violate their oathes And all kings for the most part in causes concerning themselues will annihilate lawes or remit and mitigate them as our dread Soueraigne Lord hath done in pardoning traytors and nefarious enemies of the State being conuicted Which counsell he likewise hath giuen vnto that gracious young Prince his sonne of so great expectation and wonder as the world hath not seene his peere in towardnesse But iust Princes will not commonly commute annihilate or qualifie those lawes by which their people may be preiudiced for such Lawes and Statutes as concerne them are enacted by their owne consents not by royall prerogatiue onely The second good State dependeth vpon that gouernment which is referred to a competent number of the wiser noblemen as if any Prince being weake of himselfe should diuolue the whole administration of his State vnto the lords and fellowes of his counsell and this is called Aristocracie Which kind of state we reade in holy Scripture to haue continued vnder Iudges from Moyses vnto the dayes of Eli vnder whome the arke of Gods couenant was lost and the politicall glorie lamentably defaced But as it followeth my iudgement yeeldeth to the learneder opinions of others That there is not any state so laudable and diuine in earthly gouernment as vnder one according to that saying of Nestor in Homer Non multos regnare bonum rex vnicus esto Vnius imperium cui Iupiter aurea magnus Sceptra dedit iussitque suis dare iur a tuendis It is not good that many kings should rule at once ouer one people let there bee one king and one kingdome vnto whome the God of might hath deliuered the golden scepter commaunding him to make lawes for the preseruation and tuition of his people The third good estate of gouernment resteth in the discreet gubernation of the Commons which is named a Democracie such as gouerned Athens in times past and the like amongst the Cantons of Swizzerland at this day Those other three remaining and framed out of the excesse or outrage of these other three good states predefined consist in tyrannie by which the prince according to lust and beyond the limits of reason law or honestie cherisheth vicious persons and by them strengtheneth his owne arme against all good people which liue oppressed and tortured vnder his gouernment The life of such tyrants is a continuall perillous and inward warre because they cannot repute themselues safe either in front in reare or on the flankes they miserably torture themselues with euerlasting danger feare And those are commonly called Tyranni qui vi armis imperium arripiunt Which with force and in armes bereaue others of their Realms and Crownes Such was Cirus Agathocles and others infinite which maintained their spoyles and rapine by rauening and spoyling These are they which despise iustice lawes and equitie these which forsake the Commonwealth to multiâ—…lie their owne priuate estates these which vexe and oppresse their people with grieuous and insupportable tributes and exactions as vassales and slaues base and abject those of these conditions may not bee called kings but tyrants and nefarious oppressors for euen as rauenous wolues greedily rush vpon the flocke so doe they to dilaniate and deuour the people of God The court of a good king containeth the least part of his riches and his Commonwealth aboundeth and ioyeth in all wealth and worldly felicitie The tyrant hoordeth vp the peoples treasure or employeth it to his priuate vse impouerishing and excoriating the poore subiects A good king hath a good Angell ayding him in the administration of his estate a Tyrant is incensed and directed by a most malicious and wicked diuell A good king punisheth the wicked and preferreth the vertuous a Tyrant cutteth off the liues of good men and prolongeth the dayes of the wicked A good king thinketh himselfe most powerfull in riches when his people doth abound in wealth A tyrant then reputeth himselfe most rich when he hath robbed the Commonwealth of all their goods a good king by the Philosophers is called a shepheard a tyrant is tearmed a wolfe finally the good and true king esteemeth much more the life and weale of his people than his owne life The Tyrant doth not only thirst after the riches and treasure but euen after the bloud and liues of his subiects also The second euill part of gouernment is called Oligarchie which is when the Commonwealth or Vniuersalitie bee forceably yoaked vnder the violent lusts and empire of a few Nobles as at Rome in the gouernment of the Duumuirate and Triumuirate and in Anarchie when the people confusedly by libidinous instinct and auaritious desire make hauocke of all vnder their gouernment vsing all kinds of dishonest pleasures and purchase as a commendable and most needfull recreation and profite For the deuill which is author of confusion and disorder raigneth in their spirits Yea ruinous and most desolate is that Nation like to prooue whose lawes are made out of their owne lusts and perturbed appetites Multitudo namque malis artibus imbuta deinde in artes vitasque varias dispalata nullo modo inter se congruens parùm idonea videtur ad capessendam rempublicam For a multitude which is first disordered and euill affected and then dispersed into diuers professions and fashions of liuing discordant within themselues are not meete to take any charge or tuition of the Commonwealth For the vulgar are neither wise nor discreet but rash and violent in all their commotions and passions especially when they haue the reynes in their owne hands The violence of which misgouernment caused Demosthenes a most learned and euer-renowned citizen of Athens through the peruerse and vniust sentence of the barbarous Athenians being banished after the losse of his countrey liberties to crie forth in the bitternesse of his spirit O Pallas Pallas quae tribus infestissimis belluis delectaris noctua dracone populo O Pallas Pallas which takest pleasure in three most pernicious beasts in an Owle in a Dragon and in the people Which kind of gouernment is not vnproperly compared to the weltring and vnconstant billowes of the sea The Romane policie when their kings were abolished was by the Senate managed a long time After which the people retaining a Democraticall state being attempered with the moderation and authorities royall and with the Patricians as appeared in the Consular estate and in the Senators did carrie with them the fasces and preheminence vntill the reignes of Iulius and Augustus Caesars So that out of the Soueraigne
or priute seales to delay any cause in iudiciall dependance proceeding by course of law yet shall the iudges proceede with mature expedition according to iustice notwistanding any precept from them directed For what can be said more to the disgracing and disrobing of any king then that which Freigius in the latter end of his politicall questions citeth out of a certaine oration of Scattaius against tyrannie Tu iusticiam imperabis interim tamen iniuriam alijs facies tu officium commendabis ab officij religione deflectes As if he should say Why wouldest thou be king to command men to deale iustly giuing in proper person example of wrong done to others How canst thou commend men for doing of their dueties and offices when thou thy selfe transgressest thy functions and dueties Thus if princes or iudges should preuaricat but a little thē their laws which ought to be the iudges of euery iust prince will restraine and reforme them And if those lawes be dissonant to the spirit of charitie trueth and equitie thē the diuine power sapience of God which are the very iudges of all laws princes iudges on earth wil correct punish them with their ministers Let therefore no partiall respect of power neither priuate affection nor vnexcusable ignorance of those laws which any iudge stewardeth blemish his iudgments For if he be partiall let him consider with himselfe that it proceedeth from affection or corruption which both are incorporate that it cannot be hidden from many men amongst infinite which behold and heare him from so conspicuous a place where all mens eyes are fixed vpon his maiestie and therefore according to Salust aequos bonosque fauere debet vt eius benefacta reipub procedant he must fauour men which are iust and good that he may declare himselfe beneficent towards the Commonwealth And if he be led by affection let him consider how fallacious a passion it is oftentimes opposite to reason euen in the men of honestest natures and constitutions shewing a kind of charitie for the most part where it falsefieth the vertue pulling downe of a mountaine to raise a molehill and to satisfie his affected commonly to deiect and make ruinous such aduersaries which percase euen in a worse case descrue much more affection Lastly but specially let him haue a speciall care to be skilfull in those lawes which he deliuereth and administreth for otherwise his honor is onerous and insupportable For if he shall with all graue and profound prudence consider how chargeable and iust accompt will be required at his hands that hauing much committed to his trust his accompts will arise to great summes not of monies and pounds but of men and people the noblest worke of diuine nature the creature in whom so soone as he was created the creator himselfe exceedingly reioyced and tooke so great pleasure that when through his owne preuarication he was taken captiue to sinne hell and death he ransomed him in the tender and vnspeakeable loue of his holy spirit in the most precious blood of his deare sonne Christ Iesus the righteous sacrifice of his vnrighteousnesse If therefore he counterpoise in equall scales of diuine reason the sacred allegeance in which he liueth spiritually bound vnto God the faithfull obedience wherein he standeth bodily subiected to his prince the zealous duetie which doth by nature inuite him to studie the weale of his countrey pondering these with his naked conscience hee will not only refuse those honors and dignities to sit in iudgement vpon Gods beloued people vnworthily or vnskilfully but rather will choose a death accompanied with the languishing sting of infinite tortures Albeit as Salust thinketh Plerosque non ijsdem artibus imperiū petere postquā adepti sunt gerere primo industrios supplices modicos esse dehinc per ignauiam superbiam at atem agere That many princes differ in their acquisition and gouernement of a kingdome because vpon the first they shew themselues industrious suppliant and temperate afterward in sloth idlenesse and pride passe their liues Euery king iudge and ruler of the people therefore ought to ponder with himselfe how great a part of the Commonweales hope dependeth vpon him which he should with his vertues and innocencie protect whereas all other meanes are forcelesse Yea verely the iudge representeth in himselfe the person of that Commonwealth where he ministreth wherefore he should sustaine the state and honor thereof by conseruation and administration of iustice bearing in carefull remembrance the trust of those things which are reposed in him A iudge is as it were an eye fixed in the kings scepter a priest of diuine iustice and equitie a moderator of the lawes the life of righteousnesse whose voyce is the pronouncer and preseruer of life and death a publike interpreter of the lawes vnto whom as to a common sanctuarie all persons oppressed with dammages iniuries repaire and refuge themselues to be relieued in equity And euen as iust iudgement is fitly defined to be the ballance of equitie the voyce of lawes and consummation of all strife and variance so is the iudge properly called th'interpreter of those lawes the steward of equitie and oracle of the Commonwealth They therefore that are fit and worthy to sit vpon the throne of equitie ought sincerely to be good men seuere incorrupt obdurate against flatterers impatient of smooth tales and secret detraction vnmercifull to them that are remedilesse inexorable in waightie causes of iudgement and such as will not transgresse the precincts of iustice in any case for according to the discretion of Aulus Gellius they must distribute to the king and begger equall measure without inclination or passion towards any mans estate or person as it was most diuinely shadowed in that misticall order of the Areopagites being a counsell in Athens consisting of sixtie citizens which successiuely through all offices and degrees of honor at length attained place vpon the seate of iustice to deale in affaires of state and in tempestuous times to prouide that the Cōmonwealth should endure no preiudice These in the darkest season of the night would decide causes in iudgement at such time as they might heare and not see the parties appealed Hence it is that Cicero saith Vir bonus ponit personā amici cum induit iudicis A good man layeth apart the person of a friend when he taketh upon him the place of a iudge And therefore iudges as saith that most reuerend Emperour Iustinianus must sacrifice pure and vncorrupt hands to God to the kind and to the law least that curse fall vpon them which our Sauiour Christ denounced against the Pharises Woe be to you interpreters of the L◅we for you haue taken away the key of knowledge you did not enter in your selues and them that would haue entred you forbad Amongst other politicke Lawes in Deutronomie deliuered from Gods mouth to the sacred prince his seruant Moses it was commanded
vulgar The first and chiefe place in all ciuile gouernment vnder princes and Commonweales according to Dion Cassius Francis Patricius Barthol Cassanaeus Hyppolito Furio Ceriolano with others which haue by their bookes opened the formes of counsels concerning the state of any kingdome remaineth to the Treasurers which by the Romanes were called Quaestores à quaerendo because they did seeke how to magnifie corroborate and amplifie the Commonwealth by lawfull and honourable meanes for the speciall weale of those states and princes vnder whom they did administer and also did faithfully conserue those riches to their trust committed Hence is it that Dion tearmeth Quaesturam primum gradumin Senatâ—… howbeit Iustus Lipsius not wholly suffragating to that opinion sayth Quòd inter magistratus fuere quaestores ordine primi dignitate vltimi Which office being auntiently deriued from the Greekes was first erected amongst the Romanes in the first bud of that Empire after it was growne to some height when the societies of those people louingly knit and assembled had in the citie by their policies valour and industrie gathered and got a great masse of treasure together wherein euery free citisen had equall share at what time they did first institute two generall Quaestores or Treasurers which were famous amongst them for their Iustice valour moderation and prudence that had the tuition thereof keeping their office in Aede Saturni This institution of Treasurers Tacitus would haue amongst the Romans when the Consular estate was first established Anno 23. after their kings were abolished some thinke they were first ordained Anno Vrb. conditae 269 But it is not so doubtfull as needlesse precisely to stand vpon that point onely this the place of Treasurers being first amongst the ciuile magistrates as at this day in Fraunce where Les generalx des finances les presedents des accomptes haue a prioritie not onely before both the Counsels strict and at large but also before the foure Primiers Presidents in that realme as our Lord high Treasurer of England hath also whose place with vs is highest next vnto the Lord Chancelour in ciuile reputation giueth me some cause to digest the same into my first booke of Offices being as I may tearme it notvnfitly that liuer wherein the blood which possesseth the mouing life of euery commonwealth is contained For euen as moneyes are fitly called the sinews of war so may we likewise properly tearme them the blood of peace and therefore that state or kingdome whose treasure is exhausted though it be most ample populous and puissant in other things may be called bloodlesse and languishing according to the saying of that learned Lawman Nobilitas sine diuitijs pené mortua est tanquam corpus exangue Riches therefore may bee properly tearmed the blood of peace that entering the veines or conduits of the liuer which may semblably be likened to the Treasurers office and reflowing thence benignely disperseth it selfe into the members of the whole bodie resembling analogically the Commonwealth for the generall sustentation and nurriture thereof It is the bone of that strong arme by which the kingdome is in time of peace strengthened against all hostile attempts It is the marrow by which that bone is seasoned soupled and confirmed or rather that arme which is strongly nourished enabled and knit with those sinewes veines blood bones and pith wherein remaineth a proportionable strength guiding the sacred sword of iustice in hand The charge of Treasurers consisteth in the receiuing keeping and disbursing of the prince his money consisting in the reuenewes of his Empire amplified by the tributes of his subiects supplied by the subsides fines and forfeitures of cities societies and malefactors relieued with the tallages and customes of marchants and aduenturers magnified in the prizes and presents ordinarily resulting from forraine princes and people either friends or enemies and as Titus Liuius writeth Munera Quaestoris sunt pecuniae publicae acceptio expensio signorum militarium ex auro vel argentoin aerario asserâ—…atio praedae venditio subhastatio legatorum exceptio deductio hospitij assignatio All which were most honourable attributes peculiarly permitted to the Treasurers and as Lipsius noteth it such was that auncient honour of those Quaestores that amongst the Romanes of old it was permitted vnto them to make lawes and decrees to subscribe vnto suites motions and petitions being both keepers and presedents of the Lawes and of Iustice which power is with vs and in France deuolued vnto the Lords Chancellors howbeit in that realme principally where the Lord Chancellor is highest in the kings counsels of whom in all causes appertaining the weale of that state the king taketh aduice as of some oracle so that when any rescripts edicts or decrees contrarie to law bee by the king either vpon misinformation or negligence graunted the Chancellour hath ex officio power to cancell or annullate them whereupon was first deuised the name Cancellarius which office in Venice hath the most secret particulars of that state in managing and yet is not so powerfull in his authoritie Likewise the French Generalx des finances vpon the like considerations and respects may cut off or curtall at their pleasures the kings gifts and bounties issuing out of his Treasuries Lands or Reuenewes if in their wisedomes it seeme expedient and therfore as I should thinke they might by the like reason also be called Cancellarij because they Tanquam Tutores limit the kings mind intra rationis moderationis caucellos This counsell of Treasurers conuerseth in the exportation of such commodities as euery Common-weale out of her friendship or abundance exchangeth or ministreth hauing equall respect vnto the induction or reinuection of such other marchandize as their people need and couet most Likewise in all treasures vnder ground as in mines and minerals of gold and siluer copper tinne lead and yron the richest commonly belonging to the prince of that soyle where such treasures are opened and others either bygraunt or otherwise according to legall tenure of Frank Charter or of other immunities royall in tenure of such subiects as accordingly make payment to the custome or imposition of the prince or countrey Wherefore it behooueth that such as be chosen into that place and authoritie bee men not of learning and temperance onely but of good yeares and much experience also howbeit the Romanes did make choice of their Quaestores at twentie fiue yeares according to Tacitus Which greene age could not amongst vs haue had that maturitie of iudgement and foresight in these times that is required in a worthie Treasurer although amongst those Romanes in that golden age of nature we may by circumstances find that young noble men were in all the parts of their life generally temperate and frugall with a certaine specious apparance of liberalitie yet did not in theÌ„ appeare that precocitie which is in many of our young heads of this age
fortitude were scandalized and subuerted by women Howbeit I doe not here intend from all sorts of women and in anie weightie causes of consequence to make a question of foeminine insufficiencie because in other greater causes of right and gouernment according to the auntient lawes priuiledges and customes of diuers Realmes and Countries there is great reason why they should retaine their immunities as Plutarch writeth was sometimes in Fraunce Cum Celtarum mulieres Consilijs publicis interfuissent in quibus de pace bello tract abatur At what time the French women were alwaies present at their publique Counsels in all matters ciuill and militarie For hee saith in the said Treatise how such articles of confederacie were betwixt the Gaules and Hanniball that the Carthaginian Magistrates should order all wrongs done vnto them by the Celtes and that the Celtique women answerably such wrongs as was done vnto the Gaules by the Carthaginians Which auncient custome being odious to diuers princes of that Realme in posteritie might peraduenture haue giuen cause vnto king Pharomonde of his law But sure it is that many women haue worthely gouerned heretofore in diuers places And diuerse very learned and politicke women such as Aspasia whom Pericles loued and with whom Socrates did often consult Howbeit if Counsels of the state in these our dayes should be referred vnto them I thinke neither the time nor date of their continence and experience would permit the same againe in Fraunce But that I may conclude vpon this point of secrecie for by that peculiaritie Counsellors ought to be chosen and cherished It is written in Diodorus Siculus how the Egyptians did ordaine That hee which opened the secrets of that Commonwealth to his trust committed should haue his tongue rooted out Those sixtie learned Areopagites of Athens did carefully prouide against this crime also Moreouer it is instituted by the ciuile lawes that they which diuulge secret Counsels of the publicke state shall bee burnt at a stake or hanged vpon a gibbet It is required in persons of so worthy place and nobilitie that to this faithfulnesse they superadde fortitude and honest constancie towards the defence and maintenance of iustice and truth both in giuing receiuing and in concealing of Counsell as is warned by the example of Sardanapalus the thirtieth and last Monarch of the Assyrians who through his sensualitie pusillanimitie lacke of grace and of true fortitude was within his huge citie Niniuie besieged by Arbaces captaine of the Medians through whose power and in feare of the Oracle which was fulfilled in suddaine falling downe of a large peece of the cities wals that made passage for the Medians and strooke him with such a present terror he thus feebly consulted and resolued with himselfe vpon a flaming pyre destined to that end together with his concubines eunuchs and treasure to cast himselfe leauing all the spoyles and reliques with that Monarchie to the Medians In the Prince therfore principally fortitude is required and next in his secret Counsellors whose vertues should animate him There is one most excellent note of true fortitude remaining vnto such honourable Counsellors by the example of Scauola viuely manifesting a valiant heart fortified with a iust and vnstained conscience hee when Sylla with multitudes of men in armes had entred the Senate implacably thirsting after the destruction of Marius whom hee would haue had by the Senatours then present denounced a common enemie to the state onely Scaeuola refused to giue voice against him euen when Sylla with most truculencie threatened him to the contrarie saying Albeit thou darest mee with these heapes of souldiors with which thou distressest this honourable presence although thou breath forth death against me yet will not I condiscend in loue of my blood which is both aged and little to denounce Marius our enemy through whose valour and honestie my conscience attesteth how the citie Rome and all Italie was preserued In such cases therefore Counsellors truly valiant feare onely the wrath of God threatening iniquitie least as S. Augustine writeth Through feare or affection in concealing the veritie they seeme more to respect the creature than the creator Vnto this faith and fortitude there are opposites to which diuers in their deliberations and resolutions are vehemently subiect viz. feare being a certaine pensiue heauinesse for some mischiefe future or remote and affection which is a partiall respect of certaine persons beyond the lists of reason Such people therefore are not deemed wise and prudent which feare more than is fit considering that indissoluble accord which is betwixt Prudence and Fortitude according to that wise Prouerbe of king Salomon A wise man is valiant and a learned man strong Notwithstanding the weake opinions of diuers which haue argued in my hearing That wise men cannot be valorous for so much as they summe vp with the counters of reason in the audit of prudence all chaunces and perils which may come in by circumstances and deriuations of matters According to that of Salust concerning Iugurth Quod difficilimum imprimis est praelio strenuus erat bonus consilio quorum alterum ex prouidentia timorem alterum ex audacia temeritatem plerunquè afferre solent And that which was most difficult his stoutnesse in warre and his soothfastnesse in Counsell exceeded the last of which commonly by reason of that prouidence which forecasteth perils doth inflict feare the first through exceeding boldnesse breedeth temeritie A rare position as if there had scarcely beene any meane betwixt cowardise and temeritie Actions both glorious and profitable may not be let slip through feare of vncertaine perils yet if we stand betwixt two dangers let vs with firme valour aduenture vpon that which may best emblazon our honour bearing with it true tokens of our true heroicall vertues and spirits We know by good experience that a timerous Counsellor is by desperation being a fearefull and horrible deiection or consternation of a mind base and abiect conuerted into rash courses euen as rash men are by their temeritie Furthermore it is common in the nature of things chiefely to feare dangers most imminent being more appalled at present perils than is requisite but valuing mischiefes future and remote more carelesly than they should because hopes by times or chaunces may promise some redresse for them But this is both sure and notable Vbi bonum publicum usui est id dubitare aggredi socordiae atque ignauiae est It is the part of a slothfull coward when a man shall feare to attempt any thing which may benefit the Commonwealth A prudent Senatour therefore equally respecteth head and foot for after long consultation and leisure had in expence of time he cannot without great shame and difficultie recall matters which haue beene curiously sifted before as it was spoken of Bomilchar Quâ—… cupidus incepta patrandi timore socij anxius omisso veteri Consilio nouum quaerere noluit Who
if they set their hearts vpon righteousnesse and call vpon the name of the most highest For vnto this precious gift of temperance their nature is most neare because their braines are lesse prouoked by the distemperature of their inferior irascible and concupiscentiall parts The complection therfore most eligible is sanguine aubourne haire of a meane stature vertuously instructed healthfull and long liued And these vnlesse some other defect or violence against nature peruert the same are for the most part endowed with much wisedome and wit of which excellent kind we read in the bookes of the Kings that king Dauid was as faire and ruddie with a comely countenance body well shaped of a meane stature Howbeit we find that he many times through those concupiscenciall motions was excited to sinne yet had God so blessed him that he did not loose that habite of vertue which was put vpon him with that blessing when choise was first made of him to be the seruant of God and vicegerent to rule his chosen people In election of counsellors according to Pliny it was obserued that no man vnder thirtie yeeres of age should be permitted to consult in principall causes of the Commonwealth nor men very aged as after the terme of sixtie yeeres according to Vâ—…rro Which Seneca likewise confirmeth limiting the seruice of soldiers to fiftie yeeres and of Senators to sixtie Per legem annariam For according to that Law the Romanes well knew when they might in respect of their yeeres sue to be Tribunes Quaestors Dictators Consuls or in other offices as it was limited appearing by this of the Poet Ovid. Finit aque certis Legibus est atas vnde petatur honos That age by which men may sue for honors or promotions is confined within certaine Lawes For if in respect of their experience by many yeeres old men be regarded it must be respected that by course of nature they be timerous suspicious incredulous couetous and so much more froward and fearefull as they bee more wasted in yeeres impatient of labour and paine obliuious by which defect diuers occasions are neglected talkatiue obstinate in opinion their vnderstanding dull their heate which is the spurre of action wasted Yong men are likewise void of experience much subiect to vicious affections and pleasures of nature to passions and perturbations of minde so distracted with heat of youth heedlesse temeritie and surcuidrie that they cannot obserue any temper in grauitie neither will the people cleaue vnto their counsells And as that excellent Morallist Seneca writte Iuuenile vitium est regere non posse impetum It is a vice naturally graffed in youth not sufficiently to bridle appetite Men therefore of middle age are to be chosen whose humours are plausible and temperate whose inward affections are delayed with some experience and discretion which can dispose remember and execute matters with a proportionable strength courage and grauitie whose memorie will richly serue them for things past whose vnderstanding to iudge of things present according to truth and whose imagination participating of them both can presage or prouide things to come such men are importuned with thronging multitudes for counsell and are to be chosen as I set downe before by the prince himselfe vpon good experience had of their sufficiencies Yong men admitted to that place are fitly called abortiue counsellors and certaine of theÌ„ like summer fruits of the first season soone ripe fit for the administration of weightie matters but naturally decay quickly some long before they be come to be sound in iudgment but hauing attained perfection in knowledge are the men indeed fitt for aucthoritie most excellent aboue others their wisdome continuing long with them yeelding a faire and commendable light euen to the last spiracle of their naturall life so long as the least droppe of oyle is remaining in their earthly lampes As that most reuerende Father in Christ Iohn Whytgift late Archbishop of Canterbury and the right sage and euer-worthy Lord Treasurer William Cecill declared long after the terme of sixtie yeeres euen to the last period of their breath Such yong towardly plants as are like by the gifts of nature and pleasantnesse of their wit to proue fit in time for such seruice must first be diligenly taught in Schooles and Vniuersities after good knowledge in arts commended with honest and faithfull Tutors attending them into forreine countries there to note and learne good fashions of people with their Languages and such things as I spoke of before in peregrination and then towardes the three or foure and twentieth yere of their age when firmer strength may beare it exercised and practised some-deale in the warres which is a great glory to noble yong spirits and groundeth them in the loue of vertue when armes are exercised with a perfect heroicall resolution and to good purposes as Cicero writeth Prima est adolescenti commendatio ad gloriam si qua ex bellicis rebus compaâ—…ari potest The best honour of a yong man proceedeth from his perfection in armes And according to Plato Liberum hominem maxinè decet armoruÌ„ disciplina equitatio c. Martiall discipline and horseman-ship most honoureth a Gentleman By these meanes hauing well broken the inordinate heate of youth with some manly moderation and experience they may be chosen if the Prince thinke it fit into counsell imployed in publike affares of policie till sixtie yeeres be past and then let them take leaue of their Prince returning to their quiet for the better purifying and rectifying of their consciences seeking after their soules health studying how to die a blessed death and hauing their honors and reuenues enlarged by the Princes great bene ficence towards them The Soueraigne which is the fountaine of these counsels needeth not any rules concerning his apport or carriage in administration of graue and weightie businesses of his kingdomes and state for so much as it should bee presupposed that all the wise consultations and actions of his immediate ministers issue from him as being the fountaine or Loadstarre of their direction in whom all glorie which is attained by the mature deliberations and seruices of them that attend his counsels remaineth And therefore I craue pardon herein if vnhapily some shall imagine me so foolishly presumptuous as to prescribe rules of policie for any princes not hauing sufficient in my selfe to serue those priuate purposes that are required in a single man of meane condition for well I know QuaÌ„ difficile atque asperuÌ„ sit consiliuÌ„ regi aut imperatori dare postremo cuiquam mort alium cuius opes in excelso sunt quippe cum illiâ—… consultoruÌ„ copia sunt I know that it is difficult and harsh to minister counsell vnto a King or Emperor or to any mortall man whose riches are huge and honorable because such persons are plentifully furnished with choise of counsellors Onely this in briefe the respects importing his princely care
by specious enucleation of all intricate or equiuocall points and cases to be cl◅red explained to the end that all other Iudges or Iustices which exceeded in administration of them might at the first sight with commendable perspicuitie deliuer the faithfull substance of all as occasion was offered for the peoples good hauing digested them into nine Volumes of the Lawes wherin the whole essence of all by those reuerend Law-fathers was most methodically couched For as the difference of all creatures by nature proceedeth from vnitie resembling many flowers sprouting from one roote euen so doe sundrie needfull and most beneuolent Lawes receiue life and nature from the precious wisedom of God the blessed and all-healing fountaine of whose knowledge he with ineffable grace and diuine beneficence openeth to them all that are studious of righteousnesse and in tender loue with respect vnto man being the choise operation of his handes doth retaine him by the due feare and loue of iustice and saluation in eternall tranquilitie The generall benefit calmely and plentifully redounding from those Bookes iudgements reports and Law-cases by the enucleation of those learned law-men as is before expressed includeth the second point Forsomuch as concerneth humane Lawes which are ordained by nature and published by the prince which by them gouerneth the Common-wealth to relieue and rectifie the same they must be iust and possible needfull and profitable plaine prescribed not to priuate but to publike vse and benefit consenting with time and place according to the nature and custome of the Countrey which should be moderated by them such as are our statute-lawes of England Vpon these thus ordained and prouided against faultes a knowledge shewing the difference of crimes and vices dependeth As whether the nature of thē consist in impietie by violation of the first table of Gods lawes through foolish prophanation or derrogation of or from his omnipotent power and maiestie or if it be flagitious and repugnant to the second importing impietie towards parents and magistrates the defamation or contumelies of neighbours the concupiscence and losse of liuelihoods and liues wherevpon parricides and horrible slaughters are bred Towards which legall office or ministerie three speciall things generally would be required in a Iudge the first of which is in his head to retaine a firme and venerable grauitie confirmed in his countenance with some serious kinde of awfull maiestie through his continuall meditation vpon the iust iudgements of God with the charge vpon him imposed which by the diuine gift of heauenly iustice must be fostered in his heart that all proceedings drawne from thence may be seasoned with the grauitie of his cogitations which in excellent discretion will point out to him the time person and place when to whom and where hee should shew iustice naked or inuested with mercie So that by the iustice of of his heart which ministreth wisedome and grauitie to his head and by the seuere and precise prudence of his head which inblazoned in a stedfast countenance a stout maiestie withall and by the comely grace of his countenance which admirably shadoweth all in a decent austeritie there may be due reuerence and feare drawne to the person of a Iudge on euery side about him infusing horror to the malicious and wicked with loue and reuerence to good and iust persons hauing his tong so sanctified and seared with zealous praier and with a liuely cole taken from the blessed Altar by the sacred Cherubine that it may become th' oracle of Gods iustice and the iust herauld of a sincere heart For if grauitie should not appeare in all his iudgements then shall he be suspected of a partiall foolish lentitude which opinion when it is once vulgarly conceiued will preiudice him either in his reputation or in administration of the Lawes This reputation or authoritie likewise is by the first three properties delineated to life the restraint whereof will disaduantage him in his honour which by such demeanor will be blemished with some misprizion or suspect of corruption There is likewise in euery wise Iudge expedient a mature experience in sutes and variances by defect whereof his ignorance deepely woundeth or rather maimeth him Lastly the mindes constancie corroborateth him in the perfection of all declaring that in the whole course of all his iudgements iustice alone without priuate affection preuaileth Neither is it meete but most vnfit that any man should sit on throne of iudgement or giue sentence when his owne cause is heard or discussed least affection vsurpe vpon and defile the tongue of magistracie least the reuerend custome of iudgement be violated least that maiestie whereof I spoke which is meete for the sage tribunall and court of equitie be diminished least a mischieuous example corrupting the people be drawne on with it and finally least a contempt of the Lawes and equitie do succced it Now somewhat concerning that abilitie which strengthneth Iudges and iuridicall magistrates in the administration of publike causes It is therefore principally to be considered that they which sit vpon this honourable throne of iudgement and take place to giue place vnto the due distribution of right and are firmely planted for the sure supplantation of those contageous vices which being but a little licenced would disperse and spread through all parts of the Common-weales most beautifull bodie defiling it with a foule and virulent leprosie stand deeply bound in a double recognisance of soule and bodie to be studious and industrious in the science and iudiciall practise of that wholesome physicke which must be frequently ministred to the diseased members of that State In which their iudgements being credited may be by the Prince allowed and iustified also for if they doe not yeeld euen law and execution of right to all subiects rich and poore without hauing regard to any person and without letting to doe right for any letters or commandement which may come to them from the prince or king or from any other by any other cause then are they by our Lawes thus censured worthily Their bodies lands and goods to rest at the kings pleasure who shall otherwise giue iudgement or sentence of and against them The King himself also which is head and iudge of the Lawes sheweth great goodnesse equitie through the world in shewing his royall assent and contentment that these iudges substituted vnder him shall giue sentence according to the Cannon and true meaning of iustice euen against himselfe directly if he through negligence be driuen vniustly to maintaine any sute with a priuate person which will not beare euen in the ballance of equitie in which that kingly sentence is verified that therein differt a rege Tyrannus for nothing more then this doth to life expresse a true kings glorie The kings of our nation to confirme this perfect honor of a iust prince in one act of Parliament ordained in the second yeere of king Edward the third are limited That although they commaund by their great
which are so free at the first that they bee soone poore and thredbare of vnderstanding before the bruit of their rare pregnancie be well dispersed and those young men were so well instructed from their infancie that they did contend how to bee thought most noble vertuous and fit for places of reputation in their countrey by suppressing many lusts motions commotions and vnperfect passions of the mind with a moderate domination of reason and constancie They were full of modestie full of dutie and full of such religion as then was professed amongst the prophane Gentiles obseruing in all words and deeds a temperat moderation without any deturpation or deformitie And these qualities in those young Romans worthily made them eligible and fit for such great dignities and offices The Lord high Treasurer of England his office is in the Exchequer erected by king William the first for safe custodie of his crown lands and of those records which may concerne them To which Queene Marie ioyned the Surueyors generall the court of Augmentations and reuenewes of the Crowne with the first fruits and tenths of Benefices being erected by that king of good memorie Henrie the eight This office is called Scaccarium of a certaine large square table which according to Geruas of Tilburie cited by M. William Camden hath a chequered cloth brought and spread vpon it in the tearme of Easter as a place or table of iust proportion account or iudgement in all causes respecting the royall treasure or reuenewes where all ciuile causes betwixt the prince and his tenants are indifferently decided Iudges in this court are the Lord high Treasurer of England the Chancelour of the Exchequer the Lord chiefe Baron of that court with other foure Barons assistants the Remembrancer Engrosser Controller Clearkes of the Pleas and of the Pipe-office Auditors with their clearkes Apposer Chamberlaine Clerke of the Streights Marshall Clearke of the Summons deputie Chamberlaines Secondaries to the Remembrancer to the Treasurer and to the Pipe-office Also in the office of receit M. Vice Treasurer Clerkes of the Tally and of the Parchments with diuerse other inferiour officers All which are ordained for the conseruation and amplification of those foresaid reuenewes and of diuers other pecuniarie duties ordinarie and extraordinarie by which the ciuile state of all principalities is necessarily sustained for it is manifest that without the competent force of mony no Commonwealth can hold together absolute in her members And to that purpose was it first deuised when people and nations were necessarily constrained to require supplies and succours out of remote countries by commutation of cōmodities through exportation and importation of them from and to forraine places howbeit the principall exchange is for gold and siluer coyned in little round plates and besantes of greater and lesse value being authorised by the edicts of those princes and Commonweales where they bee stamped and passe currant amongst the people Foure kinds of mettall haue auntiently beene coyned amongst the Romanes one of lead which when it first was deuised exceedeth all records of true memorie as Iust. Lipsius writeth another of brasse or copper which the Romanes therefore called Pecunia quod esset nota pecudis signata of which coynes diuerse vnder the Romanes here in Brittaine as well of copper as yron likewise were stamped according to M. William Camden in his booke of Brittaine antiquities Siluer amongst the Romanes was first coyned Anno ab vrbe cond 484. F. Pictore Qu. Oculeio Coss. The coyne of gold 62 yeares after the siluer C. Claudio Nerone Marco Liuio Salinatore Coss. The beginning and end of coyning was for commerce as by pieces of some value for exchange of other commodities to people of other nations by whose diuers and seuerall stamp◅s the countries with whom they traffiqued were knowne And hence is it that those coynes of mettall are infinite which dependeth vpon two reasons also the first is vpon couetousnesse of people which would abundantly bee serued with things which their minds couet for some needfull vses the second vpon pleasures for which many men seeke for great heapes of money but the want of things desired amongst men is infinite and the choice of pleasures endlesse all which are attained by money The desire of treasure therefore can neuer bee fulfilled according to the saying of Cicero Expetuntur diuitiae cum ad vitae vsus necessarios tum ad perfruendas voluptates Dilectant enim magnifici apparatus vitaeque cultus cum elegantia copia quibus rebus effectum est vt infinita pecuniae cupiditas esset A Treasurers prudent care and whole studie therefore leuelleth at all such honourable meanes and iust occasions as may serue to bring in diuers summes and how to maintaine a continuall haruest of getting to sustaine those infinite burthens of necessarie disbursement how to leuie for the Common-wealth with good discretion and nothing without vrgent cause Vnto which contribution that it may be more liberall and cheerefull is required that the people be generally well affected both towards the prince and vnto that common necessitie which importuneth the same for the better effecting whereof some plausible and effectuall declaration published vnto them by their Soueraigne readily prepareth their hearts moouing in them a more benificent kind of alacritie and therefore it is in such cases most behoofefull Vt omnes intelligant si salui esse velint necessitati esse parendum For beeing persuaded that the generall safetie dependeth thereupon you shall find the couetous readiest to contribute Moreouer it addeth very much vnto the loue of people towards their princes and to their good opinion of his grace and meekenesse vnto them correspondently when he by suit seeketh that which his regall authoritie might exact The respects are great and those necessities important which should vrge a prince to violence in those cases yet a good Soueraigne can neuer haue cause of compulsion For when the king which hath authoritie to constraine vseth a facilitie to persuade it importeth some vehement necessitie Can any priuate Commonweale mount without tributarie wings Or could the firmament of peace be cleere if all clouds had not first beene dispersed with the thunder of warre Are armes exercised without wages Are ships prouided of men victuals and of artillerie without mony How shall officers which be continually busied in ceaselesse seruice for the common securitie haue reliefe without salaries May vertuous or needie persons bee rewarded or succoured without some generall supplies Few be those princes of Christendome so neere as I can iudge whose owne priuat reuenewes are able to supply the publicke charge onely so that the more puissant any prince is in dominion and territorie so much more the common charge doth aggrauate his necessities For this office therefore all honest and needfull meanes of getting are to bee carefully studied and prouided towards the true maintenance whereof it highly benefiteth to forbeare all superfluous damnable and
the Commonwealth offensiue vttered Wonder it is therefore why men should voluntarily drowne themselues in excesse a little is comfortable and that Prouerbe Nequid nimis very medicinable if it can be willingly disgested Rapacitie being adiunct to incontinence hurteth many proceeding from riot and immeasurable expence when princes and noble persons impose grieuous burthens vpon their subiects and tenants to maintaine that excesse or when they put cruell and vniust meanes in execution to take away mens goods by strong hand or hypocriticall violence vnder the robe of iustice Against gentlenesse being the second part of temperance the deuouring fire vengeance or crueltic standeth opposite Adiunct thereto mercilesse or as it were steeled immanitie Such are those which tyrannize ouer captiues persons prostrated nay such will not spare the dead but like wilde beastes feede vpon them with the fangues of malicious and venemous rancour Opposite to mercie which is the adiunct of Clemencie standeth lentitude or foolish pitie being the part of a blockish magistrate as I will partly note in the Morals of my third booke But crueltie doth not only resist temperance iustice but fortitude also which I shall also manifest in the Morals of my fourth booke Against modestie which is the third and last part of temperance contumaciously stand impudencie being a most detestable vice in the presence of God or of all good men which contemneth or neglecteth all decencie with honestie of life opening a large and easie way to vicious conuersation void of all feare and shame Also Pride and Arrogancie which withstand humiliation is another opposite rotten member whereby men in a blind loue of themselues imagine more excellent parts and perfections contained in them than are and arrogating vertues beyond their apprehension and practise This may be called a vaine insolent and foolish ostentation a vice riâ—…e in many princes courts and proper to flatterers braggarts and buffones Carelesnesse and negligence likewise beeing the qualities of sluggish dolts and persons assotted with curiositie which is the inordinate diligence or desire to learne arts vnprofitable euill and vnnecessarie stand opposed vnto the true studies of learning semblably scurulous prating and vnsauourie girding such as parasites stage-players and other giddie-headed Mimickes vse according vnto the opinion of Aristotle oppositely stand against ciuile and ingenuous speech discourse and affabilitie Howbeit the wittie well seasoned and discreet sayings of prudent and sage persons with a decent alacritie which minister no cause of offence but may bee with reasonable and plausible modestie conuerted is very commendable and praise-worthie For such as abhorre ieasting are deemed dull clownish vnsociable and Stoicall after a fashion Which sort of people to toward and ingenuous persons is more odious than the bitter Buffone There is likewise another sort of people which in countenance speech action gate and gesture grossely counterfeit a kind of grauitie to conceale their foolishnesse whose adulterate sapience to men of sound iudgement is most absurd and ridiculous and others which in princes courts to make the nobler sort laugh practise though not so cunningly the parts of Tarleton by simulation deeming in themselues how that shew will bee thought somewhat contrarie vnto their owne natures which are more than halfe the same and these fellowes at vnawares palpably fall into some foolish and odious affectation of ciuilitie whereas indeede in them there is not any condition verely vertuous or constant Others which are not and yet would seeme ciuile adulterating their arrogant natures with the meere colours of grauitie slubber it vp most improperly and odiously Howbeit these qualities though herein somewhat I haue digressed from the subject of my matter are more fit for the knowledge of Palladines and Courtiers which I referre to Baltasar Castiglion and Duro di Pascolo in their discourses vpon Court-ship Onely this which Plato citeth in the person of Socrates our outside and inside must bee the same in all Contendendum est enim potiùs vt sub legitimis institutis temperati efficiamur quà m vt sub dialecticis rationibus de Temperantia disputemus quandoquidem summa quadam difficultute cognoscitur cognita sine vsu non modo nihil prosunt sed obsunt quamplurimum quodquè magis est nisi re ipsa possideatur perfectè cognosci nequit c. The fourth and last extreame of Modestie doth consist in excesse of apparrell garments and other ornaments of the bodie when they bee made onely for vaine ostentation of the mind which hath beene a notable imputation wherewith all our English men more than any nation of the world haue beene shamefully branded amongst forrenners for their disguised fashions and sumpteous habiliments beyond the bounds of prudence moderation or habilitie some women after a preposterous fashion attired like men in dubblets and some men like women in pettiecoates This excesse hath so generally dispersed it selfe in our nation that by their exterior new-fangled robes the wisest of our aduersaries or emulators in forraine parts haue past their iudgements of our giddie minds and vnconstant behauiours inwardly saying That in wearing Dutch hats with French feathers French dubblets and colletts after the custome of Spaine Spanish hose and rapiers of Valentia Turkish coates Italian cloakes and perfumes with such like wee likewise had stolne the faults and excesses of those countreyes which wee did imitate naturally Besides what a shame was it for vs to bee noted with this exorbitate excesse that base tailliers and others which worke as hirelings aspiring to that abhominable and vndecent singularitie should equall themselues in the cost and fashion of their attire with some of the greatest Barons in this land a fault not to bee imputed vnto the lawes for those are precise and strict in such comely considerations but in the dissolute and intemperate affections of people which in steed of a little libertie make a licence at large tyrannizing vpon the princes gentle disposition and lenitie Hence was it that the nobilitie to distinguish themselues by this outward apport of their degrees and riches from the rascall rabble of base ruffians were driuen to most extreame charge that they might make a difference of themselues from them equiualent in proportion Which course had the prince then kept answerable in her state abuse some Ladies and others in the like analogie then might shee with ease haue consumed the vnspeakeable masse of Treasure By this meane the substance of other tailliers craftsmen and mechanicall fellows was dayly more encreased and the fortunes of our gentlemen exhausted Which leprosie did in short time so spread itselfe through this nation that diuers liuings of auntient demesne and inheritance which haue continued in succession from manic grandfathers of one race did hang in tailliers shops and were piled vp in the Persian and Spanish merchants coffers This emulation and excesse hauing further preuailed grew to such outrage that when proper maintenance fayled in some to support such riot they violently
of vice to giue a liuely spirit to the desire of vertue to maintaine a due proportion in all Offices and to win the constant loue of a Commonwealth with excellent prudence and desert yet without these either in the prince in him that counselleth or in them both no Commonwealth can flourish for the natures of mens wits are threefold that which is principall and sacred can out of his owne iudgement without assistance aduise and execute soundly with all commendable facilitie the second dealeth wisely by direction the third can doe neither the first excellent in it selfe the second laudable by the first the last vnprofitable in all If therefore the prince haue this principall gift then is hee the Sunne to those starres of his Counsell which giue a reasonable light from his influence being a sweet perfection of goodnesse in any Commonwealth And if his Counsellours haue that diuine spirit of Sapience in themselues by Gods ordinance for the weale of his people where the prince hath this second facultie to be directed or perswaded by them yet is that notwithstanding a strong sufficient and good state But if both the Prince and his Counsell hold the substance of all good wisedome in themselues wisely to consult and direct being willing also to be counselled and directed in wisedome without doubt that dominion will flourish and amplifie Contrarily what a wretched and ruinous estate which faileth both in the prince and in his counsell As when God had purposed to destroy the state of Israel he threatened to that nation how children should beare their scepter and feeble persons direct their publicke counsels Which kind of feeblenesse is attributed not vnaptly to foolish and ambicious counsellors whom Salust in one Oration to Caius Iulius Caesar resembleth vnto the superfluous ballase of a ship which as things vnprofitable minimique precij vpon the suddaine violence of any tempest the masters and Officers being puzzled and in distresse hoise first ouer board Neither can it serue that the prince haue all which may be required in himselfe onely but that they which must ayde him in administration of his estate bee furnished with competent knowledge also for as it sufficeth not to keepe the bodie in health by withdrawing all euill humors and infirmities from the head vnlesse the heart with other principall and inward members of the bodie bee semblably with due correspondence attempered in their seuerall functions so doth it not accord that the king being absolute in his parts onely the state also should be safe if his Senatours doe not by some dutifull diligence and proportion of vertues answerable knit all up in perfection For what is hee that can consult and dispatch many serious causes at once and absolutely without helpe Suppose him more found in wisdome and knowledge than Salomon or stronger by three degrees than Hercules yet doth experience in nature teach vs that a necessarie necessitie requireth this election of approoued good Counsellors without which ayde no prince can support the burthen of a kingdome neither can his owne outward sences properly performe those inward Offices which are required towards the ruling of a multitude Besides according with Tacitus No man is so naturally prompt or hath that dexteritie to deale in his owne cause which he shall find in himselfe solliciting for another And in another place Grauissimi principis labores queis orbem terrae capessit egent adminicutis The most serious labours of a prince by which hee winneth the whole earth stand in need of helpes For they to whom much businesse and many people are committed haue much need of counsell Euery good Prince which did formerly gouerne was attended with as many Counsellors as he was with eyes eares and hands Caius Caesar with Quintus Paedius and Cornelius Balbus Augustus with Mecoenas and Agrippa Adrianus with Celsus Saluius and Neratius Marcus Antoninus with Scaeuola Mutianus and Volatianus Seuerus with Papinianus And to be short our late Princes of most fortunate and blessed memorie Queene Elizabeth and your Maiestie with Sir Nicholas Bacon Sir Walter Mildemay Sir Iohn Cheeke Sir Francis Walsingham William Lord Burghley Robert Earle of Leycester Robert Cecyll Earle of Salisburie Sir The. Egerton Lord Elesmere and Chancellor Sir Tho. Sackuylle Earle of Dorset now Lord Treasurer with diuerse others And hence is it that Cicero noteth Not with swiftnesse and bodily strength great matters are ordered but with counsell and authoritie Likewise Salust With much reading and hearing I find that all Nations haue beene prosperous so long as iust counsell preuailed with them but being once with partialitie feare and pleasure corrupted presently their wealth wasted their Empire vanished and slaâ—…erie tyrannized vpon them And as Dionysius Halicarnassaeus writeth the cause why Rome so long flourished was That the gouernours of the Empire were directed by Counsels of the Senate not following their owne opinions for by the assembly of wise Counsellors the princes wisedome is encreased As Capitolinus writeth Bonus fit si bonis amicis vtatur That Prince which maketh vse of good friends is made a good Prince By their Counsels likewise saith Otho the Emperour in Tacitus is the goodnesse and wisedome of princes opened also Salust calleth Prosperitatem regis famam Consiliarij The kings prosperitie to depend vpon the Counsellors fame and so by good inuersion the fame of a Counsellour to depend vpon the kings prosperitie But it is needlesse to stand so much vpon the necessitie thereof being so well knowne to the weakest iudgement A Counsell therefore according to Bodin is a lawfull congregation or assembly of choise persons which aduise the king in times of peace and warre how to gouerne the Commonwealth and as Furio Ceriolano defineth them Counsellors are apt persons chosen for fit businesse in whom there is required good sufficiencie towards the administration of all matters debated in Counsels Demosthenes therefore calleth consultation The chapiter and constancie the base of all vertues I will particularly speake in my third booke of Offices somwhat concerning the Councels of England and hauing in these Offices occasion generally to touch the secret councels of a state also I will breifely write what I haue in part gathered concerning the strict and priuat councell of France omitting the councell at large which is called the Grand Counsell consisting vpon the L. Chauncellour to whom with the maisters of the Requests for their more ease and expedition in publicke businesse with which theyformerly were much entangled king Charles the eight added seuenteene councelours spirituall and temporall After whom his successor Lewes the 12 superadded one prelate and two more counsellours fulfilling the number of 20 besides two secretaries whereof one did serue in place of an actuarie it being further ordayned that these should keepe six moneths continually together in councell betwixt seuen and ten in the forenoone and after dinner betwixt three and fiue houres This Senate therfore which the French king doth
Proheme of his Hystories doth affirme Will teach vs what ought to be the principall scope of our desires and detestations This which summoneth all creatures of all countries and fashions as to a generall muster imitating his diuine prouidence which in heauenly iustice and bountie bestoweth vpon euerie man according to demerit all vertuous actions are eternized by the penne of Hystorie so farre doth it surpasse the sage counsels and golden sentences of our forefathers and former Philosophers as times continuance comprehendeth more examples than one mans age This is it which maketh young mens iudgements of parill ripenesse with old age grounding aged persons in the depth of wisedome to whome long experience hath alreadie ministered a dayly triall of causes It maketh priuate men fit for Empire and Emperours earnest in vertue for victories heartening souldiours to giue a courageous charge vpon perils for honour of their countries terrifying malefactors propagating Soueraignetie by good example deuising lawes inuenting arts preferring vertuous actions enfranchised from mortalitie declaring it selfe a memorable and perfect marble-register of misdeedes and generally beneuolent This is it which aged time onely nourisheth when it eateth vp all things besides this is the patterne of eloquence the true mirrour of Philosophie the garden of knowledge and hence is it that Aristotle in his Politickes writeth how the skill of actions and Histories of deedes done most import a Counsellor to learne because things future are like their parent which came before them vpon which all euents of actions commonly depend Hee therefore which in noble Hystorie shall contemplate and meditate vpon the life of a good Prince or Counsellor may find somewhat alwayes worth his own obseruation and practise according to that saying of Seneca Aliquis vir bonus elegendus est nobis ac semper ante oculos habendus vt sic viuamus tanquam illo spectanti omnia faciamus tanquam illo videnti We must propose some one good man for our patterne and alwayes looke vpon him with the eyes of our mind that wee may so liue as if hee were looking vpon vs and so deale as if all our actions were performed in his sight Let a souldiour liue fortie yeares in seruice great and of continuall commaund as great Alexander and Caius Caesar escape in many conflicts as Anniball and Cato receiue so many wounds as Scipio and Scaeua triumph in so many victories subuert so many cities deuise so many stratagemes consult vpon so many leagues and truces enterparley with so many princes spending the full glasse of his time during those yeeres in magnificent actions and noble consultations onely like Cirus Themistocles Epaminondas Cimon Fabius Pelopidas and infinite others auncient and late yet shall one moneths reading in Liuie Plutarch Diodorus Thucydides Polybius Xenophon Dion and some few more which haue eternally recorded all the memorable actions and vertues of them all open more vnto him without bloudshead if hee will studiously conferre and reasonably remember than euer the seruice of many more yeeres with the slaughters of Myriads of souldiors could expresse The knowledge of all persons the meaning of all matters the depth of all secrets is locked vp in Hystorie In it wee find that inestimable treasure of the Lawes by which Commonweales were first ordered and instituted in the sentences of sage and prudent men confirming societies in peace and magnifying them by vertues like Physicke which is an hystoricall commemoration or rapsodie of experiments made by Physitions of old by whose Aphorismes and Precepts our Physitions direct their iudgements and medicines it is a methodicall Schoole-master of humane life examplifying the fashions and natures of people a certaine experience of their actions a sound and prudent Counsellor in difficult affaires The cruelties and exceeding lust of Domitian and of Nero which may be read in Tacitus hath power to terrifie princes from those vices which are recorded of them when also they peruse the lamentable stories of Caligula that Fax fex hominum That fire-brand and filth of men When they reuolue the monstrous obscoenities of Heliogabalus who was amongst the people a Cannon by word scorne and obloquie when they shall looke into the leaues of Maximus his life than whom no man was a more cruell slaughter man of his countrey finding what horrible epethites denominations and attributes were worthely throwne or as it were spit into the blacke legend of his bloudie gouernment being called in diuers places Busyris Phalar is Typhon what better precedent can remaine in detestation of vice Contrariwise the blessed and peaceable reigne of Octauian the goodnesse and gracious condition of Traian of Pertinax of Titus and some others are vehement prouocations to confirme and encourage Princes in iustice and honestie For euen as women which curiously fashion and attire their heads and bodies by their glasse which representeth vnto them all vndecent and comely guizes will presently shew themselues abroad amongst the people finding their bodies by that myrrour pleasingly garnished so Princes by the like resemblance find in the glasse of hystories that which giueth spurs to their vertues and policie The case is lamentable and I haue many times with heauinesse thought it how few be the Chronologiers and Historians of our age how doubtfull and vnfaithfull much of their matter how fearefully and vainly seduced by misprizion and affection Sure I am that infinite actions remaine worthie the penne of hystories nay that which men write of their own princes and nation tendeth lesse to truth than vnto vaine-glorie but that which is written by men of forraine princes people such as Mercury Gallobelgicus falsely proclaimed in his Annales of the world is both vncertaine fallacious and strongly sauouring of malice blind zeale and partiall motions of the mind Whereas if men would faithfully search out by the true records and memorials of realmes and Commonweales the vertuous and vicious actions of princes and people how would it instigate and deterre the well and ill affected rulers and commons of the world to take hold and detestation of goodnes euill In reading of them therefore we must carefully quote the map of actions with the times places the causes executions and euents of things wherein some did prosper and others perish with the reasons why those were gracious and these vnwelcome If any glorious matter happened whether it came by chaunce or felicitie by vertue or good counsell what impediments in contrarie did cause it miscarry A Counsellor should also consider by this knowledge what alterations haue formerly beene as in the realmes of England Scotland Fraunce Ireland Spaine Denmarke Italy with other Nations what Families possessed the Crownes of them and by what titles and meanes how long what the causes of those mutations were how many of euery familie did reigne which of the princes was most religious valiant wise and fortunate which not how many battailes euery prince fought against whom at what time where and vpon what occasion what warres
haue beene for a thousand and six hundred yeeres past and since betwixt England and Fraunce England and Scotland England and Spaine England and Ireland England and Denmarke what with Wales what with Heathens and Mahemetans what ciuile and intestine commotions which and in how many battailes that were conquerors what occasioned their ruine or victorie also the causes and captaines of commotions how they were vanquished or quieted what benefite or mischiefe ensued thereon Hee that can well and aptly make relation hereof may passe the muster with more than ordinarie pay for his paines If a Counsellor therefore hauing vnderstanding requisite accustome himselfe with patience in much reading which is commonly most yrkesome to the purest and most precious wits that benefite is vnspeakeable which by the knowledge of hystories shall enrich his mind and vnderstanding considering how the examples of a priuat and publicke life the beginnings augmentations proceedings conseruations and inclinations of realmes with all ciuile commutations are discouered by them The knowledge of which shall not be very long in attaining for so much as men of this place shall find noble vse thereof dayly Prudence is one speciall gift of God attained by prayer and the due feare of his Maiestie which as the wise Salomon sayth is the beginning of all wisedome Since therefore it doth principally respect the knowledge and practise of wise magistrates to be possessed of that princely iewell I will in so short as I can open the substance thereof according to the morall obseruations in Philosophie Prudence therefore is the Gouernesse and Iudge of all vertue the knowledge which teacheth men how to liue blamelesse or a true mentall affection declaring as Cicero writeth what honest and profitable things with their contraries wee should desire and detest It is likewise a kind of cunning which with a mysticall honest and profitable dissimulation myneth into the depth of causes and actions And in another dâ—…finition Est bona animi affectio habitus indagandi quod verum sit It is a good affection and habite of the mind to sent out the truth Prudence is either large and vniuersall which wee may tearme heroicall prudence or a vertue strict and distinguished that being composed of consultation cunning opinion and sagacitie openeth the truth in all actions and therefore it is imposed as an euerlasting iewell and endlesse victorie both in peace and warre for any prince to weare neere himselfe Duo sunt qua ab egregijs principibus expetuntur sanctitas domi in armis fortitudo vtrobique prudentia Two properties are required in excellent good princes in his Realmes sanctitie in his warres fortitude in both places prudence The substance of prudence is truth by which humane reason should entirely be gouerned Truth is the Medium betwixt arrogance and dissimulation mouing men to shew themselues plaine in word and deed There is another definition of politicall truth not much different which is a kind of habite to speake a truth in all publicke and priuate causes without any fraud arrogance or dissimulation Towards the knowledge of truth by lore of Philosophie fiue vertuous qualities are required The first is Science being a sure and infallible knowledge and apprehension of any thing which may proceed out of the causes thereof either by naturall instinct or some other reasonable demonstrations as in Theologicall and Mathematicall practise for so much as the learning contained in those Sciences teacheth such things as cannot easily be wrested otherwise by reason As first appeareth by the definition of Religion which is the seale or bond of Theologie being the true feare loue and honour of God which religion bringeth a zealous care and reuerent ceremonie towards the worship of a superiour nature which nature we call diuine because it so farre exceedeth the corruption and perfectest apprehension of man and amongst others by the Prophet Dauid vnto the kings of this earth as a monition or exhortation it is deliuered Vnderstand O you Kings serue the Lord with feare and reioyce in him with trembling c. And therefore if religion were nothing but humane policie which the damned and execrable Atheists imagine in their foolishnesse yet must wee certainely know that if the feare of God aboue were not men would contemne all lawes and vertue imagining that all men had free leaue in their owne corrupt natures which they most impiously would make their God and be by the same directed to doe their owne hearts lusts The Mathematickes also Quae sunt quasi comites administrae viri politici Which are as it were the companions and agents of a Polititian and which Plutarch placeth in the soule of man as being a part of the Theorique or contemplatiue faculties are arts likewise which cannot otherwise bee wrested And hence is it that Science is called Habitus demonstrandi per causas A habite of demonstration by reasons The second meanes towards the knowledge of truth is art being a kind of mentall habit or experimentall skill to performe and perfect things by such means as without them they otherwise may bee done and as Tacitus writeth Apud maiores virtutis id praemium fuit cunctisque ciuium si fiderent bonis artibus licitum petere Magistratus It was proposed to our auncestors and vnto all citizens for a reward of their vertues and as a thing allowable to sue for reputations and offices if they did build vpon their knowledge in good arts And from hence are all trades professions and mysteries by which men liue and attaine worldly happinesse drawne and deriued The third part of truth is Prudence it selfe being a certaine habite effecting such things by reason as either tend vnto the weale or harme of persons Hence is it called Prudence in men to consult graciously for themselues and others to gouerne priuate families and to serue or minister vnto the Commonwealth in publicke causes fortunately and beneficially The fourth being Intelligence nobly placed in the mind of man is a kind of habite moouing the mind enclining and yeelding it selfe constantly to things which cannot be by demonstration perfected It is likewise a certaine habite of experiment had in the principles or heads and grounds of causes from whence all proofes are drawne The adiuncts and parts of Intelligence according to Metopius the Pythagorean Philosopher are iudgement and contemplation both of them issuing from reason The fifth and last part of truth is Sapience being a most absolute and perfect knowledge of such things as are contained within the limits of humane apprehension as well in metaphysicall as in naturall causes howbeit especially leuelling at diuine matters according to the definition of it Quae est rerum diuinarum amplissima scientia Which is a most ample skill had of diuine matters Onely that which regardeth humane policies or affaires is more properly tearmed Prudence which as Aristotle sayth is the cause meanes or procurer of Sapience But of this last part of truth
for onely by that grace the countenance which is the exterior pulchritude of this head is made cheerefull as saith Salomon by this the heart receiueth vigor and courage the liuer a long life the lights which are indeed the very lights of this politicke bodie receiue illumination and power for out of the mouths of very babes and sucklings the strength thereof shall be deliuered as it was by little Daniell By this the hands are made strong and the fingers ◅ght to breake a bow of steele this couereth the bodie with fatnesse girdeth the loynes with gladnesse and poureth marrow into the bones lastly this maketh the feete of that bodie like Harts feete swift and liuely for transportation and inuection of all commodities and earthly blessings making the whole bodie strong and lustie like an Eagle This is the consummation and perfection of all the first and last of Gods blessings in euery kingdome to preserue the soule being the true religion spotlesse and without schismes or heresies so neere as the princes wisedome can Which your sacred Maiesty to the most high pleasure of God to the Commonweale of his Church and to the vnspeakable comfort of your people haue done in your royall edicts and prouisions against the Papists and Puritanes within your realmes and dominions Without this zeale and studious worship of God we well know that all the mentall faculties which are guided by the light of naturall reason with all the vertues intellectuall and spirit of liuing are all of them mortified in man And therefore your Maiesties sanctitie and pietie shineth amongst the members of this bodie which are set to continuall care and diligence how to keepe a cleane soule within a sound bodie against the time when our annoynted Sauiour and shepheard shall call the kings of this earth which are his Officers vnder him to bring in their flockes then in the first ranke shall your Grace being one of his best stewards deliuer vp out of your two faire sheepefolds Brittaine and Ireland the fairest and goodliest troupe in obedience and number with cleere white fleeces of pure wooll sound and entire before the blessed Lambe immaculate that your Highnesse may with thē receiue the wages of eternall life before the most high and euer-liuing God which great audite how soone it will bee summoned and how suddaine since it is hidden in that vnreuealeable booke of Gods incomprehensible mysteries from humane knowledge it behooueth all princes that they haue their accounts readie least they beeing taken vnprouided bee cast out with the wicked and reprobate sheepheards of Israell Since therefore God hath preuented your Grace with the blessings of goodnesse and hath set a crowne of pure gold vpon your head since hee hath graunted vnto you long life euen for euer and euer since your honour is in his saluation onely since this worship and glorie is imposed vpon your Highnesse since hee hath giuen you euerlasting felicitie and made you glad with the ioy of his countenance because your Grace his annoynted did put your whole confidence in him Certaine it is which hee promised by the spirit of his kingly Prophet That his boundlesse mercie shall not suffer you to miscarrie euen when so many shepheards of his people shall be consumed in your sight by the spirit of his nosthrils vanishing like smoake out of the presence of his iustice the angels of Gods sword and indignation scattering them and in all diligent obseruation of wise men which by the computation of times and conference of prophecies as well those that were first deliuered from the spirit of God in the Patriarks and holy Prophets as by the diuination of our Sauiour Iesus Christ himselfe in the Gospels and in all humane ◅dence and Mathematicall iudgements of Philosophers by the course and motions of nature it is apparant that this world gaspeth and languisheth as being readie to be dissolued and as I may fitly compare it in the taste of a sapient palate to Vinum fugiens which is alreadie spent vnto the lees Since therefore your most royall Maiestie reuiueth in your owne person and posteritie this old Brittaine league as a second Cadwallader but doubtlesse vnder the ioyfull and propitious comfort of the Gospell like to bee most fortunate in your domination vnlike to the first Cadwallader who was the last and vnfortunate king of great Brittaine that reigned before your Highnesse and fled from the wrathfull countenance of Gods deuouring Angell which then with plague and pestilence vnpeopled this land What more happinesse can wee wish or meditate vpon in this mortall life than after the time of our corruption and sinfull seruitude to be ioyned all in one flocke vnder Christ Iesus euen as in this life wee liue and breathe together after that happinesse vnder the blessed pasturage of our annoynted shepheard vnder God Doubtlessely were it not a vaine prophecie mee seemeth that should bee performed in your Grace which was long-since presaged of Arture king of the great and lesse Brittaine who was a most zealous captaine in the cause of Christ that a little while before the consummation of the world hee should come againe perfecting all that goodnesse to the Christian Church which by his taking away was then newly begun What is he that shall in these later times sacke these proud wals of Antichrist Shall not he first arise out of the North Certaine it is that if any shall demolish that proud tower of Babell and supplant from the lowest foundations that synagogue of superstition by casting out the Symoniacall money-changers from the Temple by purging all cleane for the great audite and euerlasting supper of our soules it is your sacred and highly renowned Maiestie and as Carl. signifying Charles which interpreteth noblenesse and magnanimitie is one of your Maiesties names well according with your most gracious and heroicall nature so doth your most excellent highnesse as a right renowned champion in the cause of God want nothing towards the execution and consummation of this euer triumphant enterprize but perfection of time to make all absolute Gird then thy sword vnto thy thigh O thou most mightie according to thy worship and renowne Good lucke haue thou with thine honour ride on because of the word of truth of meekenesse and of righteousnesse and thy right hand shall teach thee terrible things for thine arrowes are sharpe and will subdue those people that are thine enemies thy seate is euerlasting and thy scepter righteous for thou louest equitie loathing iniquitie therefore hath God annointed thee with the oyle of gladnesse aboue thy fellowes Hence is it that thou art fairer than the children of men hence is it that thy lippes ouerflow with grace because God hath euerlastingly blessed thee Then with a valiant courage and diuine spirit from aboue wee may liue to see your blessed Grace aduauncing your selfe in the name of God like Iudas Maccab◅s in his holy warres against Gods enemies which arose and like a gyant harnessed
great honours and reueneues being proposed to the Proficients in those studyes did by his imperiall Edicts warranting the promulgation of that Booke cause to be generally read in all his dominions for the better establishment of his many kingdoms and people in publick weale and tranquilitie According to whose sage method and forme of Lawes being much more excellent and conspicuous then all other ciuill institution by which any principalities were euer gouerned I purpose by Gods assistance to inuest this Counsell not maiestically roabed in scarlet and purpure according to the reuerence and dignitie thereof yet in the verie best which my slender faculties can afford hauing neuer attained any fruitfull substance out of that paradise of diuine and humane knowledge equally combined by the perfection and fulnesse of Gods grace First therefore iustice being as Cicero calleth her Omnium virtutum domina Regina The Lady and Queene of all othervertues By the imperiall institutions is thus defined Perpetua constans voluntas suum cuique tribuens A perpetuall and assured will to giue euery man his due And deriued as I suppose from Ius which is right tanquam Ius stans immobile veliuris statio As a sure immoueable or implanted right being the same in effect with the definition of iustice Iuris prudentia which I call the knowledge how to discerne of any cause aright Est diuinarum humanarumque rerum notitia iusti atque iniusti scientia A notice of diuine and humane affaires a science which maketh a true difference betweene right and wrong Comprehending Sapience which by Philosophers is defined to bee the science of diuine and humane matters and therefore Iudges and Interpreters of the Lawes were antiently called Prudentes and Sages Hence proceedeth it that Ius by the difference that I can make in our vulgar is termed euery thing that is thought and done aright For according to Master Bodine it differeth a lege Quoniam sine iâ—…spect at ad id quod aquum bonum est lex autem ad imperantis maiestatem pertinet Because it without motion or coaction is wholy imployed in righteousnes and goodnesse whereas Lawes haue reference to the Magistrates maiestie The substance of iustice is compounded as it were of three principall elements of the minde of honestie which is a plaine and cleanly perfection of the minde constantly conuersing in iust dealing and decencie of Innocencie which comprehendeth our pietie towards God and our zealous obedience vnto the lawes of his holy Scriptures with the perfect duties true charitie which euery well-affected person exhibiteth towards all sorts of people in their degrees and of Equitie which in my iudgement is as it were a perfect Law truely written in our heartes with the penne of godly reason Or as it is otherwise defined Equitas virtus est qua quis recté legem in multis instantijs deficientem corrigit moderatur Equitie is avertue by which the law failing or wanting in many principall vehement and vrgent points is corrected and moderated This is the same lawe which ruleth in his Maiesties Courtes of Chauncerie where the bitter censure and rugged Letter of the Statute is qualefied mitigated or rectified by the mercifull interpretation or discretion of the Iudge or Chancellor being Legis Custos quem penes est â—…am cancellatio quà m interpretatio modificatio sententiâ—…m velrerum in legibus aquâ—… magis acerbarum The Treasurer of the Lawes in whose power it resteth to cancell interpret or qualifie sentences and causes somewhat sharply censured by the strict Letter of the Lawes And this doubtlesly seemeth to be that diuine and superexcellent grace which giueth glorie with vigor to iustice or rather as I may fitly call it Equitas est quasi cor Iusticiâ—… Equitie is as the heart of iustice The first of these concerneth our owne persons in particular the second belongeth our neighbours in speciall and the third respecteth all degrees of people in generall Ius which I call right being a percept or prescript of the King tending vnto the weale of his subiects committed to promulgation and administration and formed according to precise reason and vpright conscience is two fold being either publicke as appertaining the whole Commonwealth state or priuate concerning euery peculiar person in Commoditie Priuate right is either that which is by nature Qualege omnes vbique terra rum principes obligati sunt By which Law all princes whatsoeuer vpon earth stand bound obliged being common to all creatures liuing From whence the coniunction of male and female wedlocke procreation and education of children proceed as I touched in oeconomie before Or that which is nationall and generally belongeth all people for in such case vpon constraint nations made lawes wherevpon warres captiuities and slaueries ensued repugnant vnto the right of nature which hath made all persons free From which nationall right all contracts and bargaines comerce or entercourse of Marchants from one place to another location or the letting of any chattels goods or commodities for hier conduction or the vndertaking of any worke for wages people in association or societie Emption as when men receiue any thing of others for a price agreed vpon betwixt them that deliuer and those that receiue selling borrowing and lending with such like haue issued Ciuill right is that by which euery Commonwealth is gouerned Euen as those ancient laws which King Pharamonde and Gombaldus king of Burgundie made which were said to be the ciuill Lawes of France One of them being that kinde of masculine law which they terme Salique first written in the Germanetongue and instituted Anno Christi 422. So called of the people of Salij dwelling in Franconia neere the riuer Rhyne to which lists at that time the borders of the French Empire stretched And the other called Gombet comprehending diuers necessarie statutes peculiar to that nation Semblably these our Parliamentall Lawes in England which we call the Statute Lawes as of the Commonwealth from whence the modification gouernment of the peoples natures and of the Commonwealth proceedeth is the same in and to all effects and purposes with that which is called the Ciuill law respecting this Realme and Commonwealth generally And such were the lawes of Solon and Draco vnto which the people of Athens that had during the Greeke monarchie been a free State and royall Commonwealth were subiected in particular For as these our Statute Lawes of England are only made established by the popular consent and vnanimitie wherevpon they take title of commonwealthes Laws so were the ciuill Laws of all free Cities deuised and established for the generall behoofe of those peculiar States by consent of all the free Citizens and therevpon called ciuill Lawes For being by the generall Suffragation and consent of the people put in force and established they must needfully Legem pati quam tulerant Vndergoe their owne Lawes So that
word Plebs or Folke to the baser commons and vnto priuate persons of meane condition is onely proper whereas Populus or people includeth nobles and all others their inferiors generally Plees of Princes or such mandates as onely proceed from the kings will and pleasure to whom the people haue ascribed all soueraignetie consist in letters mandatorie missiue or in writs of diuers natures as in the priuiledge of our princes according to forme of our commonlawes of this Realme or by decrees awarded vpon his highnesses owne knowledge or out of any of his highnesses courts for the processe and aduancement of iustice betwixt partie and partie or in that which is most neare vnto the legall meaning and interpretation of Placita principum in our common lawes of this realme in cases of treasons and felonies of diuers natures being called Placitacoron◅ Plees of the crowne or by the kings proclamations and edicts bearing the same force that lawes parliamentall haue which by the Romanes were called consttiutions Edicts of magistrates were called the lawes of honour because by those noble patritians and honorable magistrates which made and caused them to be publikely proclaimed that title was by the Lawfathers and Consuls permitted and assigned vnto them by speciall priuiledge retaining the like vigor with their ciuill lawes generally receiued and ratified To such edicts may those orders warrants precepts inhibitions and actes of the like nature awarded and subscribed by the secret counsellors of our princes in these dayes be fitly resembled semblably those metropolitical and ◅piscopall mandates and promulgations within their seuerall prouinces and diocesse concerning Church discipline as all other writs and precepts proceeding from other speciall magistrates of the commonwealth of what nature soeuer as from iustices in th'eclesiasticall and ciuill commissions either for causes criminall or for the peace and from Maiors Deanes and Chapters Archdeacons and other head officers of towns corporate colledges lordships with such like within their seuerall liberties awarranted by the statute lawes of this realme and retaining someforce of those lawes as being mediate meanes legally limited and ordained towards the readier and more commodious aduancemēt of iustice are not improperly called Edict a magistratuū Sentences of prudent persons were opinions of certaine Sages of the Laws chosen to decide weightie matters in controuersie betwixt parties And these Law-fathers or Iudges did enucleate diuers difficult points thereof by reason and conscience These through permission of the Emperor did interpret all the Lawes and were called Iurisprudentes or the learned in the Lawes from whose opinion being once confirmed no Iudges might in any Cases haue appealed Like vnto them is our reportes of Lawcases and the iuridicall sentences of our learned Iudges in matters of long suspence and ambiguitie which haue depended many yeeres in sute at our Commonlawes of this Realme betwixt persons in certaine cases of right and at length haue been finally determined after infinite proofe and long discussion by the full consent of all our learned Iudges Howbeit these reports and finall sentences in such Cases cannot binde the Iudges of after-times in the same Cases to giue sentence accordingly which argueth that amongst vs those reports or finall sentences of Iudges haue not such legall force as those Sense◅tiae prudentum being th'opinions of men learned in the Lawes had formerly Howbeit they be vehement motiues inductions and guides vnto Iudges in such Cases to leane vnto the like opinions For considering that it hath beene diuers times seene in a case contrauertible after it hath been commended vnto legall tryall that the Iudges of the Kings bench of the Common plees and of the Exchequer haue all of them differed and dissented in their opinions deliuered of one and the same case amongst themselues euery Court yeelding reasons probable for the maintenance and corroboration of their diuers sentences It should therefore seeme to stand with great right and reason that such sentences of reuerend and learned Iudges in our Common-lawes formerly giuen and past should not necessarily binde all other Iudges after them which grounded vpon good and probable reason with equitie may percase in some pointes vary from those former Notwithstanding if all the learned Iudges of this Realme assemble in the Exchequer or els-where to conclude vpon any weightie case ambiguously depending in the Courts either for the Prince or for any subiect of what condition soeuer should with a francke consent and vnanimitie giue opinion according to their priuate consciences and sincere interpretation of the Law without question it must of force moue the Iudges in succession which handle the like cases to dispatch them by that precedent and with expedition accordingly Ciuill right vnwritten or customarie being approued with long vse and consent of the people imbracing it retaineth equall force with the Lawes The Lacedemonians vsed those customarie Lawes altogether and the Athenians from whence certaine learned in Antiquities suppose the ground of our English common-lawes to be deriued and brought hether first in the Greeke tongue euen as the Egyptian lawes were by Orpheus out of Egypt into Greece which are said to be the true grounds of all nationall and ciuill-lawes at this day through the world And these Lawes were all of them written and preserued as Records in Bookes This is the difference betwixt the right of nature and of ciuill right that the naturall is firme and immutable the ciuill is changed and and abrogated by consent of persons at any time As when in a present Parliament such a Statute happeneth to be repealed annullated or antiquated which had been enacted instituted and established in other Parliaments before Finally the whole scope of all iustice and law whatsoeuer with the grounds wherevpon all crimes and trespasses be perpetrated punished and redressed in Iustice and equitie concerneth either persons or goods The course of our English lawes holdeth in erection of Courtes which Ceriolano termeth Counsels and these are either Ecclesiasticall or ciuill The great Court of Parliament consisting of both deuiseth laws most behoofefull for the time not to the Prince or any particular person onely but for the Commonwealth as those ancient Law-makers Zaleuchus Char◅ndas Onomacritus Philolaus Draco Pittacus Androdomas did before most of whose Hystories are extant adding vnto them Lycurgus and Solon eternally famous for teaching methods of excellent gouernment These our Parliament lawes like liuely blood dispersed through the members and prouinces of our whole Common-wealth are executed in time and vpon needfull occasion as is fit ministring matter for all other inferior courts which haue iurisdiction ouer all causes needing present succour No lawes are in force against these Parliamentall acts or institutions The causes there handled being either Ecclesiasticall or ciuill binde all persons of this kingdom forsomuch as the whole substance of this Commonwealth high and low rich and poore is supposed to be there If therefore any thing passe in
that in all the partes of their people and nations assembled Iudges should be constituted which might iustly iudge the people poising the ballance of equitie with euen hand and briblesse for somuch as bribes bleare the sights of sage men making contreseit the words of iust magistrates And hence was that prohibition either of acceptation or exception for or against any sorts of persons It is a notable sentence left vnto Iudges by that most religious and honest king Iosophat highly worth the consideration Looke vnto it you that are Iudges for you do not execute the lawes of men but of God and according to your innocencie equitie so shall your iudgements be rewarded For these and such indifferent respects Iustice is fitly resembled to the helme in a shippe which being misguided endangereth the vessel pilote officers and sailers representing the realme prince magistrates and people Vpon this misrule or misguidance of the Common-wealth by corrupt iudgement or iniquitie whereupon the deuouring tempests of iniuries contumelies and deceits arise Kingdomes by Gods iust iudgement and indignation are translated from one nation to another roiall families extinguished and the prince with his people oftentimes subuerted as is verily frequent vnto them that with diligence read histories in example I will now speake somewhat touching their administration of Iustice in ciuill matters which is either declared in causes litigious brought before them for the tryall of lands and goods or in penall cases for transgressing Lawes in some one of the three parts of iustice which they violate wherein the conscience of the Iudge with the causes of equitie should make the true ballance of right Penall cases for priuate transgressions be semblably referred in forme though not altogether in substance to the Iudges discreet conscience This onely should remaine euer greene in his memorie that all iudgements in ciuill causes be well attempered with a mercifull benignitie if the nature and qualities of the faults and delinquent permit First therfore it is to be weighed that all offences either respect the contumelies of persons comprehending iniuries th' expence or losse of goods including damages and offences or hurts done to people including maymes and slaughters Iniuries therefore are harmes proceeding from a voluntarie and malicious heart thirsting or hunting after hurt of others Damages include losse procured by the delinquent either through vniust molestation by sutes vniustly commenced of any nature where the innocent is impouerished or by violent rapine theft or extortion Offences and hurtes are of diuers natures either by riots affrayes conspiracies or murthers of themselues as principals or by subornate persons and assistants as accessaries acted executed And herein is to be considered that all maner of wrongs and iniustice proceed either from election and will perturbation and appetite ignorance and vnderstanding euen as in contrary those actions which are iust are operations or proceedings deriued from the fountaine or habite of iustice For the iudgement of all iust aâ—…d â—…iust actions rest in them according to that of Salust Quibus pro magnitudine â—…perij ius iniurias omnes curae esse deces To whose care according to the limits of their Commission or circuit all rights and wrongs are referred Which right and wrong is twofold according to the Lawes consisting vpon accusation and defension which last depending vpon lawfull maintenance is thought by the Law-men to be more laudable then the other These principles thus considered with the qualities of the persons and offences the reuerend Iudge shall finde it engrauen with the true penne of dinine iudgement and reason in his owne conscience in what sort to whom and when to shew clemencie Certaine it is that mercy most graceth the person and mouth of a Iudge if it be modefied with good prudence and grounded vpon a discreet charitie for he that hath mercie is blessed saith Salomon And in the 19. Chapter of the same the Lord will exchange his mercie for his intimating also that he will haue mercie and not sacrifice Forasmuch as his mercie reacheth from generation to generation of those that feare him If therefore Iudges will graciously consider the forme and glorious fashion of Gods mercie-seat which besides many gorgeous and most specious ornaments was by Gods speciall direction and commandement compassed with a most precious crowne of finest gold it shall be comfortably shewed vnto them how much he respected the throne of his mercie which was many degrees exalted aboue his seat of iudgement They should therefore shew mercie with cheerefulnesse as Saint Paul counselleth the Romanes For he which watereth shall be refreshed with raine according to Salomon Nothing so much beautifieth the grauity person and maiestie of a Iudge as when his seuere iustice is delayed with clemencie Which Vulcatius Gallicus calleth a kingly qualitie and he which would conciliate peace loue and obedience amongst men must gouerne with a languishing or vnwilling hand to strike home as grieuing or repining at the punishment Hence is that saying of Cicero Nihil quod crudele vtile est enim hominum naturae quam maximè sequi debemus maximè inimica a crudelitas Nothing cruell can be profitable for the greatest enemie to nature which we should especially follow is crueltie Such was that renouned and prudent Consull his speech whom in other places I cited before in one Oration to Caius Caesar Neque quisquam te ad crudeles pâ—…nas aut acerba iudicia invocet quibus ciuitas vastatur magis quà m corrigitur sed vt prauas artes malasque libidines ab iuuentute prohibeas Let no man prouoke thee to inflict cruell or award ouer seuere sentences which rather confoundeth then correcteth any Commonwealth but only to restraine Youth from wicked courses lusts Iudges therfore should so punish Vt metus absit charit as retineatur To keepe out feare retaine loue And therfore those Iudges rulers of the people which pinch and gird them extreamly sequestring or abrogating their liberties with more then a competent seueritie stand themselues in most danger for their hearts cannot be so lowly depressed but that they will finde a time to peepe vp againe Whereupon Cicero most sagely censureth of that point Acriores sunt morsus intermissae libertatis quaÌ„retentae A libertie intermitted biteth neerer the bone then a restrained libertie It behoueth them therfore in their iudgements to bridle their wrath because men in rage for the time doe nothing neither consider of any thing as is right Antoninus Pius the Emperor vsed to say that mercie was it which adopted Coesar into fellowship of the gods onely mercie which consecrated Augustus amongst men Howbeit I doe not in any case wrest vnto that excesse of lenitie which the Phylosophers call Lentitude being a vice of the minde which breedeth an exceeding securitie with dissolute manners and behauiour in men For he that vpon the former considerations would seuerely punish some vices in certaine persons
should not admit when times are dangerous a small fault to escape vnpunished but prouide so that it may be with moderation and clemencie chastised punishing nefarious and hainous crimes with due serueritie for examples And so much concerning mercie by discreet mitigation of punishment In other places where seueritie should take force as occasion shall offer It is not permitted that a Iudge should command and prohibite what he list himselfe without legall warrant albeit it might rest in his arbitrament yet whereas all articles cannot be seuerally comprised in the Lawes and forsomuch as many circumstances breed doubts in such cases men are referred to the conscience and religion of the Iudge neerly to determine by course of iustice according to sinceritie further scope then this is not permitted vnto any being by that benefit freed from perill of punishment though he giue sentence against the Law for the case not being throughly discussed yeeldeth him some colour for excuse excepting alwayes in litigious cases that it resteth not in his power to giue away the goods proper of any man beyond the limits of reason and equitie That kinde of iustecying which is said to bee common amongst the Turkes is in my iudgement very tollerable and soone ended for the Iudge closing his eyes giueth eare pondereth pronounceth and dispatcheth the most part of causes very commendably freeing and releasing the sutors from expence of time and monie both which inconueniences happen vpon the processe of our Lawes in Christendome For it had beene oftentimes better that he which hath iustice to guard his good cause should in commencement thereof haue let his sute fall then after a long and litigious dependance buy the iudgement of it with more chardge then the maine was worth being onely referred to the credite of iust victorie for his meede Moreouer by such dilatory meanes it often happeneth that white is died into blacke either through deceit corruption or ignorance of the Iudge and elsewhere by the rigor and false interpretation of the Lawes Howbeit to noble minded men which are able to forbeare if the sute proceede from misprision or some misconstruction and not from any litigious humour of the aduersarie I deeme it a principall tipe of their honours and much auaylable as Cicero saith Paulum nonnunquam de suo iure decedere In administration of ciuill causes also there is one most commendable part requisite in a iudge that he withdraw his hands from the rewards of priuate or poore persons which would gladly giue somewhat for fauour in their iust and honest causes For iudges of that nature are blinded with auarice whose fashion is to make a gaine of all causes both honest and dishonest hence was it that iudges lege Clodia were prohibited to take any rewards of persons in suite In speciall all such rewards and gratifications as are giuen either to further a good or a bad cause sauing the fees lawfully limited to the iudges and pleaders in regard of their salaries and paines are dissalowable and if any be tollerable then onely such as are taken by them of great princes which reward their paines in aduancement of iustice onely For such as sell iustice and truth are abhominable and so bethose also which take gifts of any man to further a faultie for in that false participation if he further him then doth he manifest violence to iustice and if not then doth he deceiue the briber of his money both which are abiect and contemptible these may well be called mercenarie iudges and corrupt hirelings Now somewhat so short as I can concerning the knowledge and studies required in iudges iudiciall magistrates The due reuerence and feare of Gods omnipotent vertue which illuminateth his vnderstanding perfecteth his wisdome amplifieth his maiestie refresheth his spirits corroborateth all his iudgements must aboue all things before and after iudgement and continually with a zealous and effectuall prayer from a soule blessedly breathing after spirituall consolation be principally retained And therefore it is written by Moyses that iudges should be men of courage fearing God dealing truely loathing auarice And for this cause the Prophet Dauid calleth them Gods saying that all the children of the most high doe right and iustice vnto the fatherlesse poore and needie His ordinarie studies therfore for pleasure and ornament are best approued in the sweete concord of morall Philosophie which will enable and confirme him in his profession and conuersation this teacheth him how iustice is a vertue yeelding euery man what is his owne and willing all men to discharge their dueties Cicero calleth her the Queene and mistresse of all the other vertues because she taketh perfection from the rest being as it were a concordance or harmonie of all the parts when appetite subiecteth it selfe to reason It is also an affection of the mind iustecying all men beneuolently and cherishing humaine societie this is also called equitie which in euen ballance pondreth euery mans right answerable to desert and dignitie Aristotle termeth it an affection of mind enabling men to doe iustly which kinaleth in them a zeale or feruent desire of equitie It is according to M. Bodine a kind of Geometrie which being disanulled drowneth the concorde and societies of cities it teacheth the difference betwixt honesties and their contraries it pointeth out the extreames of good and euill it directeth how to rule priuate families it sheweth what authorities and offices are proper to fathers husbands and masters it declareth the maintenance of a priuate state it instructeth persons in the vertues and discipline of a magistrate it describeth the forme of a Commonwealth it prescribeth the true meanes and knowledge to susteine cities which are in danger of subuersion it deuiseth excellent lawes and statutes to rectifie them conclusiuely the surest and firmest foundations of Empire are good lawes moderating and measuring out all liberall sciences and good arts Which good lawes as Freigius calleth them are the mistresses of vertue commanding people in their liuing to demeane themselues honestly and profitably with a restraint or prohibition of things bad and the contrary Iustice according to some learned moralists is knowen by these attributes or qualities first she will not challenge any thing which is not her owne then she doth neglect her owne priuate lucre in respect if she may thereby further the common equitie There be sixe kindes of Iustice according to some very learned philosophers and they should seeme to be very certaine one iustice is legall being a kind of voluntarie affection to doe and desire iust things and by this legall iustice are men wholie bentand inclined for the benefit of their contrey The second a morall iustice which I prementioned out of th' imperiall institutions being a constant and perpetuall will yeelding each man his owne The third a kind of exchanging or commutuall iustice keeping a precise and religious equalitie of things amongst men The fourth is a iustice distributiue by which
euery man is out of the common charge of his contrey rewarded and relieued according to demerite The fifth is a coniunctiue iustice appliable to persons and causes tyed together in any termes of iustice And the sixt is disiunctiue alluding to causes and persons which are not by any meanes of equitie compared or knit together This vertue principally respecteth the benefit of others more then her owne which as Aristotle saith is not so specious in her fellow vertues According to Valerius and some other Philosophers there are two parts of iustice the first obedience which is generall by which th' inferior offices of the soule are subiected vnto reason being imployed in keeping a proportion amongst popular societies respecting the commonweale instructing persons in the reuerence and loue of iustice and equitie the second part is priuate restoring right to all men which is also twofold One part thereof holdeth a simetrie in contracts and negotiations amongst men th' other being distributiue imparteth rewards proportionable to their demerites And this distributiue part of iustice is called equalitie being the companion of peace and concord Quae in tribuendis honoribus rerūinter ciues communium aequa diuisione seruatur Which equalitie is kept in distribution of honors and in equall diuision of things amongst citizens countrimen c. Cicero defineth the law which is deriued from iustice to be reason graffed in humane nature vnto this all lawes and institutions customes edicts estatutes which further the conseruation of Commonwealths haue reference And in obseruation and violation of them iustice iniustice are opened There is no diuersitie betwixt law and vertue sauing that vertue by words and promises benignely perswadeth whereas law commaundeth compelleth and inhibiteth The distributiue part of priuate iustice cheefely concerneth magistrates consisting in rewards punishments iust gouernement teaching all sorts of people to know their offices places dignities and degrees in the Commonweales to take good notice of themselues without ostentation or insolence This vertue Philosophers conferre with geometrie because it is vniforme Iniustice is either generall or particular that which I terme generall and illegitimate is a kind of habite of the minde depraued and corrupted by means whereof men in dignitie and magistracie digresse from the sincere and sacred gubernation of the Lawes permitting those that are vnder their authoritie to be defiled and infected with contagious vices The particular iniustice is that iniquitie by which any man taketh or giueth from or vnto persons more or lesse then standeth with reason or desert Out of the whole substance of iustice according to Cicero these branches or properties are obserued and found Religion pietie duetie veritie vindication graticude mercie liberalitie magnificence friendship all which fasten themselues to the lists of reason And herein are three sortes of Lawes comprised one naturall not deriued from opinion but from a certaine force in vs innated another customarie which hath by consent of nations and people without written law tradicionally continued in force a long time the third legitimate which are recorded in bookes written and knowne according to my diuision out of the ciuill institutions mentioned before This law is twofold as either in the most needfull respect in vs which should intimate the most zealous inuocation adoration of Gods blessed maiestie being both in holy writ all sanctions of men vehemently imposed vpon vs the other relyeth vpon humane societie which is called equitie from whence that Philosophicall definition of Law was drawne which calleth it the art of equitie and goodnesse All morall parts of iustice whereof this booke of Counsell intreateth are therefore comprised in true religion which is the iust and vnfained seruice of God In pietie which exhibiteth a iust respect of persons our superiors in degrees offices In veritie being the iustice of our tongues consounding with a true heart which is the diuine treasure of faith In vindicatiō which is a iust and lawfull defence or offence against open violence In gratitude which is a iust remuneration of benefits answerable to mens faculties In mercie which is a principall part of diuine and naturall iustice towardes our brethren depressed with afflictions In liberalitie which is a iust dispensation of necessarie reliefe to certaine persons according to reason In magnificence which is a iust largesse imployed to vertuous and godly purposes And in friendship which is of it selfe a naturall iustice due to vertue The opposites of which are accordingly called the branches of Iniustice Since therefore all vertues seeme most specious when they be conferred with opposites I will define their contraries Therefore against true religion I plant hypocritiall superstition with precise curiositie being the vaine vnprofitable seruice of God fashioned after the newfangled humors and schismaticall fancies of nice greene heads From whence floweth that detestable plague impious prophanation of Gods sacred power contempt or disestimation of others and religion the blasphemies of damned persons Epicures and Athiests which deeply roote impietie sacriledge infidelitie and periurie Against pietie stubbornly marcheth fourth impietie being a want of due beneuolence obedience or charitie towardes magistrates as when we contemne or calumniate rulers which is prohibited by Moses A singular of example of which hainous contempts or contumelies remaineth to vs in the person of blessed Paul the Apostle who being appealed before the high Priest Ananias for his diuine and most eloquent exordium of his Apologie Viua voce saying that hee had to that day serued God was maliced or emulated rather by the Iudge which hauing dispiteously interrupted his period commanded a souldier then present to strike him who did accordingly buffet his face whereupon Paul in anguish of spirit moued said to the high Priest God will smite thee thou painted wall for thou sittest to iudge me according to the Law and commandest thou me to be smitten contrary to the Law then certaine that stood by told him that he did not well to reuile the high Priest which he presently acknowledging in ignorance as not hauing considered what magistrate he was said It is written thou shalt not raile vpon the Iudges nor speake euill of the ruler of the people From hence matureth the disobedience of children and people towardes parents magistrates and towards their Countrie from whence issue scornfulnesse contempt of reuerence and dutie Principall actors in this Scaene of diuels are parricides traitors to their Soueraignes and countrie murtherers and trecherors vnto their masters with others such as are of the venemous spirit of Cayne Dutie being by disobedience confronted herein looseth his prerogatiue that stubbornnesse which taketh root in pride contumeliously reiecteth it Hence is that sottish selfe-doting louing and ouer-pleasing of men with hypocriticall obedience exhibited vnto true vertues and a readie willingnesse to commit idolatrie by the service of profane and dishonest affections Immanitie with lenitie combate against iust vindication specified in these two properties when the correction is greater then
houses which should be demolished All criminall causes according to the forme of our Lawes are either treasons or felonies and those courts in England which are ordained for tryall of them that stand appealed for such crimes are the Kingsbench or Gaole deliueryes Which iudgements are through all Counties of this Realme once each yeere at the least and in some oftner according to the greatnesse of the shire and of that necessitie which may happen vpon the manifold offences tryable where the factes were committed if it bee not otherwise determined by the Kings priuie Counsell Treasons according to the lawes of our Nation are crymes of such heinous nature as either concerne the Prince in his life or State As when a man compasseth or imagineth the Kings the Queenes or their eldest son his death the violation or constupration of the Queene or of the kings eldest daughter vnmaried or of the Prince his wife the levying of war against the King in his Realme or abroad the counterfeiting of his great or priuy Seale or of his moneys th'importation of false money counterfeit to the stampe of his Realmes and knowing it to be false to kill the Ghancellor Treasurer or Iudges of the Kings bench or of the common plees or the Iustices in Eire the Iustices of assise or any Iustices of Oyer derminer doing their offices there is another petit treason when a seruant slayeth his Master and a wife her husband a man secular or religious any Prelate to whom he oweth faith and obedience Moreouer if any thing should happen vnnamed respite must bee graunted till by Parliament it be adiudged and ordayned treason or felonie Paricides such as kill their parents openly or closely and such as are either accessaries or abettours punished with extreame torture of death according to th' imperiall Lawes Howbeit such as kill their kinsfolke or allyes vndergoe the law prouided against murtherers Felonies are of diuers natures including any capitall iniustice as in life or liuing towards diuers persons of which some be murtherers others in theft and robberies and some in deceit appendant to that nature but in a more venemous degree Murtherers therefore which with artificiall instruments poysons or sorceries take away the liues of people according to th' imperiall lawes are punished with death Theeues secretly stealing and purloyning publicke treasure or sacrilegious persons yea Iudges themselues if hauing charge of any common treasure they should imbezill the same with all assistants receptors and abbettors are condemnable to death Other thefts not of such heynous condition are satisfied with exile The rapes of widowes wiues or virgines are comprehended herein by the same punishment Falsifying or counterfeiting of written Chartiers Euidences Records Leases or counterfeiting of seales with such like of the same nature punished with death Publicke violence which is done with weapon or artificiall instrument finable to the the third part of his goods which offendeth Pettie thefts sometimes with losse of life and in certaine cases with lighter punishment at the Iudges discretion The lawes of ambition of requiring a restitution of goods taken away with those that concerne victuall c. are all handled in the publike iudgements expressed in th' imperiall Institutions For as much as concerneth the studies and readie knowledge of our owne Lawes I haue sufficiently spoken before In iudgements criminall generally requiring the deepest and soundest discretion of Iudges there is one question which I haue heard controuerted Whether in them it be better and more expedient to shew mercie then rigor but it is by the stronger part of opinions confirmed that in the gouernment of a multitude where the crimes are treasonable or infectious seuere punishment much more auaileth then lenitie Which Tacitus no lesse sagely though liuing in a tyrannous Empire doth confirme Yet forsomuch as it is no part of my profession but in somewhat impertinent to declare the substance of all these causes criminall according to their natures I will pretermit and handle only such things as are required of a Iudge in his general decision or execution of them Punishments therefore are either frequent or rare mitigate punishments of multitudes together with frequent practize of them And he which hastily proceedeth to sentence of condemnation will be generally said and condemned to haue done it willingly If occasion so require that for a genenerall good and quiet a multitude must vndergoe punishment make specious demonstration that it is onely done to preuent further offence and not in regard of the fault shew neither wrath nor gladnesse in punishing inflict not any strange or extreame punishments for they be dangerous the Iudges which punish after new fashions are vndoubtedly cruell Be not partiall in punishing as in dealing more seuerely with some then with others whose faults are of equall qualitie Neither be present spectators at the execution of malefactors which violent irous appearance hath drowned many princes in the blood of their Tyrannie And whereas it doth happen frequently that many persons and some of the best estate and qualitie cannot be punished with death but with the great danger and hatred of the Iudge which he should wholy neglect honourably respecting the person of veritie represented in himselfe it is required that in heinous causes all the heads be cut off together and that not leasurely one by one For often reiteration of blood giueth suspition of mercilesse truculencie stirring malice in many men and pleasing few onely the due respect of seueritie bent against them whose pardons are full of perill presently washing out the note or malice of that seueritie with remission and indulgence of other offendors whose crimes being of a more humble nature include not much danger in them Hauing and retaining alwayes a precise respect of the natures and qualities of the persons offending and of their offences according with that rule in Salust Vos sceleratissimis hominibus quiaciues sunt ignos◅ere aequo animo paterer ni miserecordia in perniciē casura esset I could be contented that great offendors shold be pardoned were it not that such mercie would turne to mischiefe Onely this should be regarded that amongst many persons combined in offence a few of the principals be cut off Necem etenim paucorū aut vnius hominis calamitati publicae maiores nostri semper anteponendam esse putauerunt Our fathers alwayes thought it expedient to preferre the death of some few persons or of one man rather then to permit a generall calamitie by the effusion of much blood It hath been anciently customed but I will not prescribe such dangerous phisicke to wash away the enuie of blood-shed with shedding the blood of certaine vile persons as sacrifices piacular against publike hatred as I noted in my first booke by the example of Sir Richard Emson and Master Dudley in the second yeere of King Henry the eight To great offences therefore either presumptuously or bloodily
their assured succours but the speciall assurance is grounded in the generals person who may by prudent direction so fashion out his estate that he preuent his enemies of all wayes and meanes tending to his preiudice whose principall happinesse is to force them into such a difficult strait as without his clemencie no reliefe may seeme to remaine vnto them Hee should also concerning auxiliaries and power of confâ—…derates repose surest trust in succours of them that reciprocally stand in most need of his helpe or of him that either in respect of priuate profite or detriment is interessed in depth of the cause not building in any case vppon those whom hee hath benefitted least hee remedilesly exclaime against ingratitude by the example of Demetrius Poliorcetes who hauing been a great friend and faithfull anchor of the Athenians yet being vnfortunately vanquished by his enemies Athens that vngratefull citie would neither receiue nor protect him comming thither for refuge where he was the shield-herne before whereat Demetrius was more vexed then for the losse of his whole estate And likewise Pompey being vanquished by Caesar fled to Ptolemie king of Egypt whom he some yeeres before had restored and planted in his kingdome but for such his goodnesse towardes him Ptolemie tooke away his life Which if ingratitude may doe Princes and Generals should not thinke but that in truces leagues confederacies and pactions which are but temporary conuentions or accords without any sufficient hostages sureties cautions or pledges deliuered if daunger and losse of the whole armie depend thereupon little hope will remaine of keeping league or friendship with most Princes or opposite Commanders in warre But if it were admitted that any Prince should partake with the forces of some more puisant than himselfe as his friend assistant let him assuredly perswade himselfe that it is either because he findeth by reasons good and more then probable that his helpe can restore him or else because he likewise hateth those parties against which he ioyneth in armes so much as cannot be with any meanes pacefied And hence it is that vpon due deliberation after the example of the Romanes first had the Generall with huge force and in short timâ—… should doe his designe For they comming with multitudes of men to the field presently decided the cause with their swords To the conquered they granted conditions of peace and lawes or deducted colonies of souldiers for tuition of their purchase so that in short time they finished their warres and without any great expence of treasure For the Romanes would not trifle or waste away the time of their businesse in idle or vnnecessarie parliance and yet so truely noble that they more respecting the name of conquest then the couetous nature of conditions offered would immediately when the field was wonne out of their natiue heroycall customes and inclinations graunt vnto the vanquished all fauourable libertie declaâ—…ing more then matchable magnificence in that according to that saying in Salust against Catiline Vict is nihil praeter iniuriae licentiam eripiebant Romani The Romanes tooke nothing from them whom they subdued but a licence or power to doe them harme If any spoyles were gotten them they brought into the publike treasurie for maintaining of the souldiers and casing of the peoples tributes so that the Romanes were inriched and bettered by their warres Neither was it permitted that any Consull albeit he had in sundry noble battels and victories amplyfied the Empire should passe in pompe and triumph thorough the Citie vnlesse he brought with him into the common treasurie infinite spoyles of gold and siluer also How souldiors ought to be resolued in battell and to demeane themselues by direction of their captaines is spoken of sufficiently before onely this must be narrowly respected which is most forcible to the stirring vp or cooling of their maruall courages in fight or vpon the point of charge that sodaine speeches and reports bee dispersed with warinesse and ready circumspection through the battels as Quinctius the Consull vsed in his battels against the Volscians For he finding his souldiers incline in the vaward cryed vnto them amayne Why turne you faces in the front my good souldiers considering that they which fight in the reare haue got the victorie Remember my good fellowes your honour which is layd vp as you know in the bosomes of your enemies from whence you must eagerly winne it with your weapons This sodaine speech of his did adde such courage to them that with a valiant resolution vniting and knitting vp all their forces together they became Lords of the field In the Citie Perugia there was a faction betwixt the families of the Oddi and Baglioni in opposition mortally diuided but the Oadi being more weake were banished by that State howbeit in the night-time by meanes of certaine their friends within the towne they got enterance priuily purposing with their forces to possesse the market place and to that ende had one to goe before them with a great mallet of yron to breake the locks of those chaynes which barricadoed the streetes in euery place to the great hinderance of their horses as they should passe they therfore hauing marched vnto the last chaine and being readie to possesse the place where they purposed to make a parado fitting themselues for that exploit in hande the souldiers pressed so farre and fast vpon him that should haue broken the chayne that he was forced to call for more roome and to bid them giue backe they therefore bing in a troupe confused and close together receiued the word by the sound of Eccho from the first to the last And those which stood in the reare not knowing the meaning thereof did turne faces and so were occasion of their generall subuersion In such sort Iugurth seeing the state of his battels desperate vpon the comming in of Bocchus strooke terror into the hearts of his enemies by speaking in the Latin tongue which Language he had learned at Numantia that the field was his that to resist his forces was in vaine that a little before he had slaine Marius with his owne hands and therewithall pretending that it was brought from the slaughter of Marius shewed his sword yet smoking and dyed with blood Moreouer this ought specially to be noted in fight that he which can patiently susteine the first charge and yeeld with calme temper to the rage of his enemies though they betwise in number so many may spend all their forces by warie lingring and catching of occasions wilily watched for He should also which commandeth them giue good respect in his fighting to the aduantages of ground winde and sunne and with fresh handfulls for his better seconding and reliefe march gallantly forward Neither can it be spoken what incouragement it addeth to the souldier faint and wearied with blood and conflict when hee seeth new succours freshly charging and participating of their trauels with martiall alacritie Neither is it a small terror to
as all Philosophers hold it the most naturall and best course of nourishing infants that she teach vnto them frugalitie reseruing and encreasing her husbands stocke with her owne huswiferie In briefe as Freigius in his Oeconomicks noteth that she be modest stout iust and silent In like sort that children should bee brought vp in the true knowledge feare and worship of God in obedience loue and honour to their parents in patience of their fathers seueritie that they bee silent without procacitie when he speaketh that they be dutifull vnto their schoolemasters and vnto those that teach vnto them the gouernment of themselues that they be studious of those arts and professions to which their parents haue applied them that they be taught to loath pestilent idlenesse and voluptuositie beeing the perdition and confusion of all youth from the highest to the basest that they be reuerend towards magistrates and vnto their betters that they bee true in word and deede that they lend dutifull and willing eares vnto the words and instructions of men learned honest and wise that they bee modest For in all his Dialogues wee find that Plato with most vehemence and principally doth adhort parents to be carefull in education of their children verely beleeuing Non posse genus humanum absque gubernataribus vel honestè viuere vel foeliciter gubernari That the children of men can neither liue honestly together nor be gouerned happily without Masters and Rulers Lastly the duties required in seruants are subiection fidelitie promptnesse attention assiduitie with obedience vnto their maisters frugalitie moderation in diet and apparrell truth in matters concredited vnto their truth patience and facilitie howbeit I will as before referre my selfe in this true moralitie vnto the spirit of God speaking in those Oeconomicall precepts and commaundements which were deliuered by the blessed Apostles Peter and Paule in their Epistles and by our Sauiour Christ himselfe in diuerse places and parables of his holy Gospell diuinely shewing and teaching the duties of fathers wiues children husbands seruants and of all other magistrates in their places by the lore of decencie All which Offices of wiues seruants and children haue reference vnto a superiour by which they bee secluded from hauing absolute power ouer themselues Such is that diuine force of order and true disposition in all thinges which are created of God Whether it be lawfull for Christians to retaine slaues to whom the Gospell hath graunted libertie such as in diuerse parts of Christendome vnder the Popes Supremacie be tollerated and vsed being in part naturall and partly legall slaues as you shall find in the imperiall institutions Sub tit de seruis I referre my selfe to the learneder opinions of Diuines Cannonists and ciuile Doctors which can make a perfect decision of that doubt but sure am I that amongst the true professors of Christs Gospell seruitude is disallowed and abrogated by the generall libertie which was graunted by Christ Iesus to them that beleeue Concerning seruants by nature I referre my selfe to Aristotle As euery familie composed is of seuerall persons so doth each Common-wealth or citie consist of many families This assembly being thus associated in the tutelage combination or communion of one Empire and Law out of his owne proper force can maintaine protect and gouerne the state of his affaires by policie being the third part of prudence which as Plutarch defineth in his booke of three Commonweales is that state and order that euery citie should obserue in the rule and gouernment of things We find in holy Scripture how God himselfe ordained this politicall doctrine and order by his immediat seruant and interpreter Moyses proposing an example to posteritie from whence many most behoofefull precedents towards the administration of Kingdoms Estates and Seignories may be taken by this is the Prince himselfe directed as by some diuine caball according to his capacitie and to that grace which God hath poured into the hearts of his secret counsell how to gouerne all the people of this earth For euen as to the Pylot his course and compasse by which he capeth and wendeth euen as health to the Physition and victorie to the captaine so to the Prince and Magistrate the blessed and peaceable life of his people and citizens is proposed that they may grow plentifull in riches powerfull in armes ample in glorie constant and honest in vertue Likewise wee find those policies most excellent which king Dauid the figure of our Sauiour Christ vsed for hee did amplifie the realme of Israel both by peace and warre adorning it with lawes iudgements treasure armes and power encouraged and aduaunced the studies of learning instituted the Leuites Doctors Musitians and other professors of good arts This ciuile prudence doth as it were prescribe vnto citizens their actions conuersing in the maintenance of ciuile societies by the vniformitie of religion vniuersalitie of iustice and vnanimitie in vertuous contemplation and practise whereby they liue together in pietie towards God in honestie one towards another in prudence and tranquilitie respecting their owne priuat and particular estates Aristotle maketh this difference betwixt the Commonwealth and a priuat familie That Iustice by the distribution of equall measure to poore and rich is most specious in euery Commonwealth whereas in Oeconomie the maister of each familie doth at his owne discretion gouerne and dispose matters as in the person of a prince ouer his children seruants and slaues According to the generall opinion of all good writers there are sixe formes of policie whereof the three good are first placed and the three bad drawne out of the excesse of those best The first of the good doth consist of the prince his absolute authoritie ouer the people in yea and nay which men call a Monarchy But of this more at large in other places ensuing Bodin writeth that there are two sorts of Empire or Soueraignetie Vnum summum alterum legitimum illud legibus ac magistratuum imperio solutum hoc legibus obligatum summum autem magistratus est proprium legitimum Maiestatis The first is highest freed from the strayne of lawes and from any subiection vnto magistracie the second legitimate and obliged vnto the lawes but the highest rule is proper to magistrates and the legitimate peculiar vnto Maiestie Wee must consider also that the king is not onely a parent and author of the lawes but a most studious and diligent conseruator and steward of iustice For in the Common-wealth a Prince is placed as vpon a stage whose words and actions the people vnder and about him obserue him if they find iust and of good demeanure as I touched in the beginning of this booke they will imitate if insolent and wicked then will they behaue themselues accordingly Quales enim sunt in Repub. principes tales reliqui solent fieri ciues For such as bee the Princes such are the people in euery Common-wealth sayth Plato Howbeit kings in respect of their Empire are superiour to