by peculiar demonstration call his own councell from which by the edict of Philip le beau no persons of that Realme can appeale because the king himselfe which acknowledgeth no superiour in his dominions vnder God is the chiefe thereof conuerseth in all publicke affaires of the Common-wealth respecting the king and gouernment which is aduised and directed thereby Albeit the king be iudge of this Counsell and of the Parliament yet is hee subiect to the lawes thereof Nam Parliamentis secundum deum rex solus Imperat qui absens aquè in Parliamenti ac in priuati Consilij decretis loquitur For as a God the king himselfe only ruleth in the Parliaments who though hee bee not present in the Sessions yet hath his voyce royall assenting or dissenting both in the Parliaments and priuate Counsels of state Albeit the Parliamentall iurisdiction surpasseth this Counsell Neither is it permitted that any President Marshall or other principall magistrate shall during the time of his authoritie retaine his place or giue a voice in that Office but is sequestred or suspended from entermedling in those secret consultations vpon very reasonable and needefull respects because certaine expostulations may be concerning some negligent indirect or corrupt dealings in their places otherwise In this Counsell king Charles the eight instituted that the Lord Chauncelor should bee present who being directed by the true rule of Iustice should take the rites and suffrages of those other Counsellors by iust number in any serious causes King Philip le Longe ordained of this Counsell twentie Noblemen whereof six were of the blood two Marischals the Archbishop of Rhoane the Bishop of S. Malo with the Chauncellor of Fraunce and nine others These had the determining of all great causes ordering as in their wisedomes was thought fit the families of the King of his Queene and of his children also to take account each moneth of the Treasurers and to reforme any thing which needed helpe in that Office In which as in our Counsell chamber of England there is a register or Diarie booke kept of all speciall causes there handled and debated which deserue monument And this Counsell is therefore fitly called the Common-wealths heart wherein the knowledge and vnderstanding is placed beeing properly tearmed Dux Imperator vitae mortalium The Captaine and Commaunder of mortall mens liues For those are the chiefe Morall faculties of the mind vnto which euen as the bodie by obedience is bound so semblably should the people dutifully subiect themselues to this Aristocraticall Senate And therfore that extreame straine of prudence is in extremities permitted to this Counsell onely because they can make best vse of it finding in their prudent foresight when and vpon what occasions for the Commonwealth to put the same in execution as Salust in one of his Orations Patres consilio valere debent populo superuacanea est calliditas The Fathers and Senatours should exceed and preuaile in their Counsell Calliditie becommeth not the Commonaltie Them therfore that serue in such Office it behoueth to be very well skilled in princely cunning being with diligence employed in affaires of state and politicke matters narrowly respecting gouernment This Counsell especially conuerseth in ciuile causes as in punishing of Rulers Deputies Iustices of peace Generals of armies Coronels priuat Captaines inferior Counsellors of the prince ciuile or martiall concerning their iust dealing or iniquitie in execution of their Offices In whose doome it resteth whether they shall bee discharged or retained in their places which persons are to be thought seruiceable which not This Counsell likewise prouideth that there be no falshood in paying of wages and prouision for victuall vsed by the treasurers prouant masters in campe or garrison It hath in like sort a regard limited vnto the treasurers and officers of the prince his great receit to whom the collection and conseruation thereof remaineth but the dispensation and imployment only resteth in the command of this Counsell which likewise hath in trust the consideration of all weightie treaties of peace betwixt their people and other nations of leagues amities commerce entercourse of militarie complots confederacies and actions and of dispatching away well instructed embassadours with any complementarie tearmes of beneuolence towards forren princes or states really or verbally to be professed or coloured to deliberate and resolue by what meanes in how short time and whether in priuate or publikely such businesse should bee managed with some other intricacies of more importance of which here I may not take any notice neither if I could can it bee thought fit that I should open them being only reserued as mysteries peculiar to this which the prince calleth his owne Counsell Those secrets of a State which commonly fore beyond the vulgar apprehension beeing certaine rules or as it were cabals of glorious gouernment and successe both in peace and warre apprehensible to few secret Counsellors in some Commonweales which either languish or wax vnfortunate are locked vp in foure generall rules First in the congregation of wise magistrates including the prinat Counsell These vpon importune causes in matters of highest consequence that cannot otherwise bee remedied but by meanes most necessarie to bee concealed knit vp the prudence of their resolutions in sinuous knots and serpentine wreathes of mysticall and intricate meanes and instruments fetching in their curious machinations and denises with bait hooke and line for any graue purpose beyond ordinarie reason The second is in the maiestie of State which includeth euery prince his priuate power with the strength of his wisedome and fortitude in allies monies confederates inuasions and euasions in all glorious hazards and aduentures In seeking certainely to learne out those mysteries the vulgar are commonly deceiued for it is so shadowed as not all princes are well acquainted with their owne force and how faire their armes may by meanes sufficiently stretch onely some few very prudent and industrious Counsellors of grauest and most iudicious obseruation are throughly well acquainted withall The third consisteth in iudgements wherein vpon the decision and appendance of some weightie matters respecting the common quiet and securitie by certaine mysticall circumstances in handling strange Oracles not apprehensible by vulgar sence are oftentimes closed as by suffering a mischiefe rather than an inconuenience and by breaking off a leg or arme to saue the best ioynt from perishing The fourth concludeth in the warie leuying of warre in the skilfull exercising leading and encouraging of souldiors vpon seruices vnto them vnknowne and tending to the most renowne protection and augmentation of their countrey which entirely dependeth vpon stratagemes of warre deuised and executed by the Commaunder his noble and industrious sagacitie and secrecie and in them many times are the weales and safeties of puissant kings and kingdomes wholly contained In choice of this most honourable Senate it is very needfull that the prince shew great prudence and discretion as in that sufficiencie which must
and courage others reastie dull and stubbore but the souldiers being all of them participant or capable of reason may be brought into forme and kept in order when horses cannot for diuers inconueniences impending Also cowards may ride vpon bold and seruiceable horses whereas men of valour vnhappelie may bee mounted vpon i◅des and this is daungerous for by such meanes he which is well mounted may draw backe in feare and he which would aduance forth and declare some heroicall tokens of his princely spirit and courage cannot possibly stirre vp courage in his iade then which at such a time I would not wish a more heart breaking plague to my valiant enemie Lucullus with a small battell of foote ouerthrew 40000. horsemen of Tigranes whereof diuers were cataphracts which as me seemeth happened more by default of the beasts thē of the riders though both miscarried and yet want of skill and iudgement in the rider is the next fault in my iudgement to cowardice The fauteries there of being in principal place of seruice are to be cheerefully cherished and disciplined aboue others There is also required in the Generall one speciall point towards the corroboration of his souldiers hearts First to shew religion in the obseruing and performing articles and promises secondly that vpon the point of seruice he declare vnto his souldiers in honest and familiar wordes of comfort the readiest and easiest meanes of victorie wherein it behoueth him to conceale all impediments or if they be pregnant then to extenuate them by some cheerefull and ingeniou excuse which hath in it a strong taste of a true fortitude These with some other heads such as before and after are expressed as occasion offereth will generally renowne the Generall and further the victorie There are some souldiers which haue a vertuous boldnesse and ferocitie mixt with martiall instruction and seueritie from which skill and perfection that fiercenesse and confidence in the souldier is vttered the like was in those ancient Romane armies when they by such auspicious meanes came home vnder their victorious ensignes alwayes loaden with rich spoyles triumphs There is another kind of extreame ferocitie brazed with boldnesse void of all skilfull discipline in war such in that age of the Romane Monarchie C◅sar with Tacitus and Liuie haue noted in the nature battels of the Galles being merely foolish and vnprofitable The third sort is of those which are not possessed either of order discipline or authority of that kinde are those Indians at this day which answere in subiection to the King of Castille for it were impossible that armies of such catiue condition vnlesse their enemies turne face without cause should euer beare away victorie This weakenesse in souldiers proceedeth from pusillanimitie being a base abiection of the mind or a foolish and faint de◅ection of the will in ◅ying from honourable courses and attempts but of this I will speake more at large intreating of militarie discipline which specially proceedeth from the prudence and true force of a Generall and is peculia◅ to men indeed subsisting and composed of reason intirely by vertue whereof Lions and Elephants are tamed and fettered in the wildernesse which bridleth abateth the fierie stomaches of stubborne horses which measureth the the circumference of heauen and earth with their orbes Such a force best befitteth Hercules and in this force are humane labours nourished This teacheth a Generall what the state and condition of his enemies and how to catch them which Epaminondas the Thebane reputed the greatest honour in a captaine by winning prenotion of the deliberations counsels and resolutions of aduersaries and being most hard and difficult requireth deepe iudgement with high wisedome in him that beareth it and not of their counsels onely but of their actions also which fathome deepe into the apprehension of reason considering it did many times happen that in a battell which hath continued a great part of the night the victor thought himselfe vanquished and he that was defeated misdeemed that he was conquerour whereupon counsels infued most pernicious to them that consulted as it happened vnto Brutus Cassius in the like case these did not looke vnto th' euent of their battell before it came to triall for Cassius misconceiuing that Brutus had beene ouerthrowne and put to flight with his whole regiment who then was vndoubtedly sure of victorie desperately broached his breast vpon his owne sword By the inestimable benefit of this reason which deepely groundeth it selfe in knowledge and continuall search of hidden treasures the Generall becommeth iust skilfull and industrious in it are rooted all his present resolutions which happen vpon extremities during the fight and seasoned with that good fortune with that prudent and quicke apprehension which like the sudden flash of a lightning not so quicke as diuine giueth a sweete fire to the true touch of his reason when mature deliberations want space of admittance and onely fortunate executions are importuned and instantly From this florisheth out his diligence patience prudence mildnesse sternenesse subtiltie simplicitie warinesse promptnesse liberalitie with many more branches of true vertue springing together out of that one most bountifull roote This also teacheth him his knowledge concerning the i◅structions of battels of all fashions for euen as stones tiles beames and rafters of woode are by good order and disposition of the workeman knit confirmed and kept from putrifaction in such case are armies By this is he taught boldnesse against enemies fauour towards friendes and reason with counsell in oppo◅tunitie This maketh a wise Captaine to meditate with Philopoemon Prince of the Achaeans who did exercise himselfe in warlike practise specially when nothing but peace was present and round about him And this caused Ephicrates to raise a rampier composed with a vaste moate when no daunger or enemie could be feared saying that it was a disgracefull thing in a Generall when neede should suddenly require a defence to say these accidents which are were not premeditated But amongst all noble exercises in times peaceable of most profit pleasure and honour and seemely befitting a prince the knowledge of places and countries is most requisite which cheifly and most readily is got by practise of hunting for in following of the wilde bore the stagge the foxe the hare and such like beasts of game certaine martiall accidents are resembled in many things according as Xenophon in the life of Cyrus at that time when hee should hauel euied forces against the king of Armenia describeth him reasoning and arguing with his companions of that seruice which hee was to performe and of all things accommodated thereunto by resembling of them which take refuge vpon the mountaines to those that pitched toyles snares for wilde beastes comparing them that eskairmouched vpon the plaines with those which rouzed the game from their dennes or formes driuing them vnto those nets with such like resemblance of that partie Besides that the perfect knowledge of countries fennes
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
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
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
those houses of Parliament by generall consent concerning the publicke weale or generall good or euill it behooueth first that they soundly and maturely deliberate and consult vpon any thing important sifting out the circumstances which may tend to the most benefit or praeiudice and conscionably pondering each point in the ballance of reason may condiscend to that which will least preiudice the maine for when the billes of those houses are once exhibited past and inacted they cannot be repealed without another Parliament by generall consent of the Prince and of all persons In this high court all Iudgements issuing out of the Kings bench the Chauncerie Common plees the Exchequer the court of Wardes and that which proceedeth out of the court of Parliament it selfe may bee reuersed by writ of Error There are likewise other courts Ecclesiasticall and Ciuill Ecclesiasticall as the whole Conuocation of our Clergie assembled with our States of Parliament consisting of Deanes and Chapiters Archdeacons Procters of Cathedrall Churches and Deligates which are the generall with prouinciall Synods of Canterbury and Yorke vnto whom all the Byshopricks of England and Wales suffragate In speciall such generall courts as answere to this Synod are the Consistorie the Arches for appeales court of the Chancelor or Audience Commissaries court or the Prerogatiue for probate of Testaments with the court of Faculties for dispensations the courts held at Canterbury by the Chancellor for the Diocesse the court of peculiar Deaneries appertaining th'Archbishop and yet belonging vnto diuers Bishoprickes vnto which other Byshops are also subiect Euery priuate Bishop or Soueragaine haue courts also within their seuerall Diocesse to themselues peculiar their cours of Chancellers Archdeacons or Officials Ciuill courts hold plees either in cases of right dealing or in ciuill causes betwixt the prince and his tenants But of the Exchequer where those causes betwixt the Prince and his tenants are decyded I did speake somewhat in my first Booke The Dutchie of Lancaster by grant from King Edward the third to Iohn of Gaunt was exstinct by vnion of Possession with the crowne in person of King Henrie the fourth by whom it was seuered and so continued the whole times of King Henrie the fift and King Henry the sixth then vnited by Edward the fourth which being seperated againe by King Henrie the seuenth remaineth yet accordingly The Court of Chancerie wherein ought to bee the seate of equitie which mitigateth or morderateth the Law or as Aristotle calleth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 TanquaÌ„ sine fuco without guile or subtile hypocrysie should seeme to distribute and execute the Lawe of nature and conscience being corrected by reason but confirmed by Religion It is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the soule or that naturall facultie with perswadeth the good and diswadeth that which is euill and therefore as I sayd elsewhere Equitie should seeme to bee that Balme which modefieth and molefieth the rigorous Letter and rugged forehead of Law graciously smoothing the same with a blessed serenitie For when the Law by seuere interpretation is drawne to inconuenient kinds of facts and by colourable arguments mooued to frustrate the good meaning of the Statute then our recourse in England is made vnto the Chancerie being so notable and common that in other Courts through the corrupt levine and couetous malice of some Lawyers right is many times peruerted For diuers wylie Sophysters arguing with subtile insinuations and heaping vp authorities enforce the Letter of our Statutes that they may bee thereby accomodated to their owne corrupt purposes so that the violence done by such a Counsellor is much more then that which is offered by the wrong dealing plaintiffe or defendant against the innocent grieued Hence is this iniquitie thus enforced by the smoothe tongue of a subtile Lawyer which often times vrgeth and procureth a seuere or sinister sentence from whence appeale is made vnto this Court of equitie which is the Kings iust mercie seat from whence is dispensed that which is vulgarly called aequum bonum aequum iustum aequum iustum Intimating righteousnesse and goodnesse right and iustice and indifferent iustice for euen the lawes themselues require that they may be gouerned by trueth Et vt leni facili ac benig na interpretatione temperentur veréque dicitur nullus recedat a Cancellaria sine remedio To be qualified with a gentle milde and fauourable interpretation And it is a true saying Let no man depart from the Court of Chancerie without remedie The iudgements deliuered in this Court of honourable grace cannot be but by the Court Parliament reuersed the speciall proceedings in Chancerie are by petitions trauerses and shewing of right In this Court the Lord Chauncelloâ—… is iudge with the master of Rolles next vnder them the masters of the Chauncerie the sixe Clerkes and cursitors Adioyning these is the court of requests All those ciuill courts prementioned hold plee betwixt subiect and subiect either in triall of land causes as the kings Bench so farre at it dealeth in matters of debt assumption actions vpon the case properly belonging to the court of the Common plees or in the Common plees begun by king Henrie the 3. Likewise in the matters of Marshallsea within the virge limited to twelue miles neere to the kings house and no more where the steward and Marshall are iudges or in marine causes determinable in the Admiraltie which court was erected by king Edward the third all of them being generall courts Those which are speciall and peculier to some one prouince people or seignorie subiect to the state of this crowne doe follow The Constables court in Wales wherein the President and counsell with the Secretarie and examiner the Clarke of the counsell and keeper of the billes doe sit In the North part of England also where at Yorke a President and counsell is established both which counsels are fashioned according to the forme of Parliaments in France Likewise the Chauncellers court in the Exchequer which hath a Seale the writs vnder which are more antient then the Register or Prerogatiue There are also diuers base courts which as it should seeme were first of any that we can read begunne by Moses who did establish Iudges These ruled Tribes Hundreds Fifties tenths to whom he referred the decision of small causes reseruing to himselfe matters of most importance These courts were continued amongst vs in example by king Alfred the Saxon and a Christian king who deuided his realme First into lathes rapes ridings and them into wapentakes hundreds and those into leets court Barons tithings piepouders Secondly into Sherifes turnes and hundreds King Henry the second deuided this realme into sixe parts vnto each of which he did assigne three iustices called Itinerants by Bracton and iustices in eire by Britton whose circuits Roger Houeden describeth to be like our iuridicall circuits at this day and so much in generall touching the formes and nature of our Ecclesiasticall and