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A00617 The counseller a treatise of counsels and counsellers of princes, written in Spanish by Bartholomew Phillip, Doctor of the ciuill and cannon lawe. Englished by I.T. graduate in Oxford.; Tractado del consejo y de los consejeros de los principes. English Filippe, Bartholomeu.; Thorie, John, b. 1568. 1589 (1589) STC 10753; ESTC S101905 175,643 206

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spilling of the bloode or the tearing and vnlacing of his members they gessed and diuined of that which should happen concerning those things about which they consulted In a certaine part of the kingdome of Persia they vse this When they that dwell in that Countrey goe to aske counsell of the Priestes vpon that which they determine to doo the Priests hold in their hands the booke which is commonly called the booke of Lots or Fortune and according to that which they find written in that booke they answer them that come to consult with them It séemeth that the Booke of Lots or Fortune wherewith they deceiue the ignorant Comminaltie was brought out of Persia wherefore the Inquisitors did with great reason forbid the same Booke of Fortunes to be read that they which are of little vnderstanding might not be deceiued by it 6 Séeing that counsels and the successe of those thinges which are consulted proceede as we haue saide from the holie Ghost it is conuenient that all Counsellers before they beginne to consult should humblie request and beséeche the holie Ghost with great deuotion and humilitie to direct them in their way and leade them in their consultations saying that seruice which is properlie belonging vnto the holie Ghost And if the shortnes of the time permit it not they ought to sing the Himne of the holy Ghost as it is rehearsed in the Church Come holie Ghost c. And unitating King Dauid saie Lord mine eyes looke vp and trust in thee thou shalt deliuer me out of the snares c. King Dauid saith not that he looked to his féete to deliuer them from the snares but that he lifted his eyes vp to the Lorde that he should deliuer him and found himselfe not deceiued as he afterwarde mentioneth O Lord my soule hath escaped as the byrd out of the snares of the Hunters and the snares were broken in péeces Plato dooth counsel vs that we should continuallie beséech God that it wold please him to direct that which we shall doo vnto his holie seruice For it is he that by the means of the Angels sheweth vnto vs what we ought to doo For this is an euerlasting truth confirmed with perpetuall experience that in the most harde and difficult things of all mans life where the wit of man is most blind and doth most want counsell and forces there dooth the diuine wisedome of the Lord shew it selfe most cléerely wonderfullie That great Iudith with a noble and excellent mind said vnto those that were besieged in the Cittie of Bethulia And now who are you that haue tempted GOD this day and will bind the counsels of the Lord our God And so she rebuked the faintnes of the Gouerners of Bethulia For it is a token signe of great weakenes and ignorance in a man to doo all matters according to his own wisdome and humane counsels It were better and safer to desire the Lord that he wold be our guide in all our actions and counsels for he will direct vs in the readie path shew vs which waie is best séeing that he neuer fayleth to aide those y t powre forth their praiers vnto him Those Angels that by the commaundement of God aide and helpe men in their waies and rule the actions of vertuous Princes are comprehended vnder those companies which are called Dominions and Principalities as Dionysius Arcopagita saith 7 And the better to bring this to passe which we saie we ought to doo according to the commaundements of our Sauiour and Lord Jesus Christ who neither deceiueth himselfe nor can not deceiue them vnto whom he giueth counsell For from him floweth the spring of vnderstanding and knowledge and he is the author and cause of all goodnes From him doth it proceede that Counsellers be good he is the cause why Kings gouerne their kingdoms well and minister iustice And this did King Salomon aske of the Lord saying Lord send me thy wisdome downe out of thy holie heauens and sende her from the throne of thy Maiestie that she may be with me and labour that I may know what is acceptable in thy sight If those that in olde times past worshipped Idols asked counsell of them and the deuil to deceiue them used many kinds of Oracles and prophecies as I wrote more at large in my Bookes of pollicies and Common-wealths it is more thē reason that we which serue and worship Christ the redéemer of the worlde should humblie offer our prayers to his holines and request him that it wold please him of his goodnes to fauour helpe vs in all our counsels And no doubt seeing the holie Ghost is he that beadeth vs in all our actions he will choose that for vs which shall best please his holines And that counsell which we choose through his inspiration is the best and which most appertaineth vnto vs. 8 The night time is very fit to consult And for this cause did the Grecians call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to be wise For when the Counsellers assemble together to confer about matters in the night time those things in which men be commonly occupied by day doo not hinder or trouble them and with the stilnes of the night as Virgil saith all things are quiet Homere to she we that the silent night time was most commodious to consult said that it did not become Princes to sléepe all the night who ought to consult vpon matters concerning the Common-wealth And for because y t when a man is not withdrawne from his booke neither by his busines nor by any other meanes it greatly confirmeth his memorie and profiteth him much for the inuention and contemplation of that which he searcheth and learneth no doubt but the quiet still night which cutteth of all occasions that may hinder a man is the fittest and best time to studie in especially because the minde at that tune is more frée and readier to muse and consider of euerie thing 9 First of all before the Counsellers beginne to consult they ought to sée that no man be in place that may heare that which is spoken off in their consultations After that the Ambassadors of King Tarquinius had conspired with the Sonnes of Brutus and other young Gentlemen to restore Tarquinius to his kingdome they solemnized their conspiration with the death of a man whose bloode they dranke and touched his enentrailes that they might by that ceremonie binde thēselues to keepe counsell and helpe one another And to doo this they assembled together in a desert house where no body did dwell But as it fell out by chaunce a certaine Seruant called Vindicius was in the same house who séeing them enter in on the suddaine in great haste could not gette ●ut but spying a large Larget in one of the corners of the Chamber presentlie fell to the ground and couered himselfe with its and so he lay verie secretlie and saw
that follow not this doctrine God visiteth with calamities and aduersities which hee sendeth vnto them to cause them to turne frō their wickednes and to obey his commandements That which we say of Christian Princes is also to be vnderstoode of those iust and vertuous Princes whom God doth crosse with mis-fortunes troubles that they may be suffering them patientlie deserue that glorie which God giueth vnto thē that serue him To be pressed with miserie plague famine fire and warre is common both to good and wicked men but onely good vertuous men die in the seruice of our Lorde and Sauiour Jesus Christ bearing his crosse on their shoulders for as the kingly Prophet saith precious in y e sight of the Lord is the death of his Saints 3 God also destroieth Cōmon-weales by appointing children to rule ouer them as the Prophet Esay saith and I will appoint children to be their Princes and babes shal rule ouerthem For sorrowfull as King Salomon saith is that Kingdome in which the Prince that ruleth it is a Childe and they that giue him counsaile and gouerne him are giuen to theyr lustes and pleasures and also the Prophet Hoseas saith that when God is angrie and will punish the people for their sinnes which they commit he appointeth children to be their Princes The Romans in theyr processions beséeched God continuallie that it would please him to be so fauourable vnto them as not to appoint Children that shoulde be gouerned by Tutors and Protectors to rule ouer them But yet as King Salomon saith better is a poore and wise Childe then an olde and foolish King which will be no more admonished for olde fooles are in the Scriptures called children of an hundred yeeres of age GOD doth also chastice the Common-weales giuing them base and vile persons that shall put their hands to the wherue as the Scriptures say handle the spyndle Which thing is properly belonging vnto women as Homer doth giue vs to vnderstand when be bringeth Telemachus speaking thus to his Mother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But home to doe your busines may you hie Your spynning and your distaffe to applie And eake your Maydes vnto their taskes to tie And therefore in warres they were wont to put spyndles and distaues in those Souldiers hands that were cowards and dastards for such men are rather to be termed women then men GOD doth also chastice Common-weales giuing them rashe Prelats learned men without harts and without courage vnskilfull Phisitions vnconscionable and vnlearned Judges and vnprofitable people that stand the Common-welth in no stéed but to eate and to drinke the foode and the sustenance which the earth bringeth foorth as the idle and wandering persons doe which waste and spoile the Common-welth more then the Fly called Locusta which burneth Corne with touching and denoureth the residue and they doo the Common-wealth no good at all and be lesse profitable then the labouring beastes that with drawing and bearing helpe to maintaine the Common-wealth and for this cause doth Plato safe that no Cittie can be termed happie in which many poore idle and loytering persons liue who béeing able to worke will rather begge and so committe all kind of wickednes to maintain themselues Furthermore God chastiseth Common-weales if those that liue in them vse to deceiue one another and for loue of money commit iniquitie by reason whereof God translateth the kingdom from one people to another Againe God dooth chastice Common-weales if they that gouerne beare rule ouer them permitte men to sinne publiquelie for that were to bring the people againe to Egipt and for this cause dooth God punish Common-weales with all those cursses plagues which the Scripture saith shall come on them that will not obey the voyce of the Lorde and keepe his commaundements and ordinaunces Besides Common-weales perrish and decay if any factions and diuisions raigne in them for factious and dissentions persons disquiet the Common-wealth and taking aduauntage by the malice of a few and the ignoraunce of manie disturbe and endomage the Common-wealth to encrease and augment theyr owne commoditie for as our Spanish prouerbe saith Rio buelto gananciaes de pescadores The laded Riuer gaines Yeelds for the fishers paynes Factions and diuisions were cause of the destruction of the Empire of Rome as may be seene in the dissentions which grew in Rome because of the Lawes Agraria which caused great alterations at euerie time that the people of Rome did intend to establish it in that Cittie this Lawe Agraria had two especiall clauses the one ordained that no Cittizen might possesse more then a certaine number of Akers of lande the other that all what soeuer was gotten from the enemies should be equallie deuided among the people of Rome and this Lawe was verie hurtfull to the Noble men for it depriued them of their goods and hindered them from increasing their welth and riches But the Noble men opposing themselues sought one remedie or other to put down this Law and either they brought an Armie of man out of the Cittie or they caused that when one Tribune did propose the Lawe another shoulde contrarie him or they graunted part of the Lawe or they sent people to inhabit that place which should haue beene distributed among the people of Rome to be short howe hurtfull it is to fauour and maintaine scismes and partialities in a Common-wealth may be seene in that many Common weales haue béene therby destroied and ouerthrowne and therefore Plato calleth dissentions and factions poyson that spoyleth and destroyeth Common-weales To make an end those Common-weales that are gouerned by the people perrish and decay if one man continue long in the gouernment and this was the cause of the destruction of Rome as may be noted in Iulius Caesar who tyrannised though notwithstanding Cato Vticensis wiselie diuining and coniecturing the euent of the matter contraried the people of Rome in that they did appoint Iulius Caesar to continue in the generallship longger then his day before prefixed saying that they gaue the Armes and weapons vnto him that with them should destroy them Unto which Pompey who at that time fauoured Iulius Caesar answered that Cato by saying so did nothingels but giue thē occasion to suspect that he owed Iulius Caesar a grudg and that which he said himselfe did procéed of freendshippe Againe the people of Rome hauing appointed the Trybunes or Protectors of the Commons to continue in their Office the second yeere because they thought that they were very sufficient to withstand the ambition of the Noble men and to maintain the libertie and benefite of the Common people against theyr power the Senate because they would not serme to haue lesse power and authoritie then the people would haue had Lucius Quintius who at that time was to giue ouer his Consulship to some other to continue in his
that those Common-weales which were most like to his Idaea were the best and that those which did lesse resemble it were not so good though Aristotle reprehending him saith that the corrupted Common-weales are not better some then other but that they are lesse naught some then others But Plato saith well for he maketh no comparison of corrupted Common-weales for hee accounteth not that a Common-weale which is corrupted but of good Common-weales of which hee speaketh and because the kingdome or Monarchie is most like vnto his Idaea of good gouernmēt he saith that it is the best politie of all and that the Democracie because it is most seperated from his Idaea of good gouernment then all the other it is the worst politie of all and that of all Common-weales that are well gouerned the Democracie is the worst and of all Common-weales that are naughtilie gouerned it is the best Plato saith this because séeing that all Common-weales are ill gouerned they which liue in that Cōmon-wealth which is gouerned by the people are more free and lesse oppressed by those that rule and gouerne them And vnderstanding that which Plato saith after this manner all Aristotles arguments and obiections which hee bringeth against him concerning the gouernments trans-formations of Common-weales are vaine and in effect Plato said the same which Aristotle to wit that the most principall and chéefest kinds or diuersities of gouernment are three the Monarchie Oligarchie and Democracie and that the Monarchie is the best gouernment and the Democracie the worst by reason of the vnconstancie and small skil of the people Tullie affirmeth that the Sea hath not so many tempests daungers troubles as the peoples election hath in which they choose ordaine and establish Officers and Magistrates to rule and gouerne them Demosthenes said that if he had known the malicious defractions forged crimes and craftie inuentions vnto which they that beare Office in the Common-weales which are ruled by the people are subiect and that two waies had béene shewed him the one to be an Officer and Partaker of the gouernment and y e other to incurre present death that hee wold rather haue chosen that way in which there was danger of death then to be in Office in a Democracie or Common-wealth gouerned by the people 16 The regiments are trans-formed and chaunged some into others according to the opinion of Plato the Monarchie and Kingdome into the Aristocracie which hee calleth the ambitious gouernment because they that gouerne desire and couet honours the Aristocracie is translated into the Oligarchie which is when a few gouerne whose principall intent is to be rich this estate is not so good as the ambitious gouernment for honor and glory is preferred before riches and the Oligarchie is changed into the Democracie Aristotle sayth that gouernments are altered either because they which preuaile most and are of greatest power oppresse the people or because they which are rich and of greatest authoritie will not suffer others though they be rich and honoured to gouerne the Common-wealth or because there are factions partialities among those that gouerne which of them shall be the chéefest or because they that gouerne will expell others that do gouern from the gouernment or because some of those that gouerne take aduantage by the fauour of the people for to tyrannize ouer the Common-wealth Polibius is of that opinion that mē after they assembled together liued polliticklie in ciuill gouernment and choose some that had most credit and authority among them to rule and defend them And these afterwards of Tutors and defenders became Traytors and Tyrants and the cheefest of thē not being able to suffer the tyrannie of those their naughtie Gouernours dispossessed thē of the gouernment and translated it vnto themselues making it an Aristocracie which kinde of gouernment was after the same order in time trans-formed into an Oligarchie This discourse of Polibius concerning the alteration transmutation of Common weales is like to that which some men say of riches and pouertie affirming that pouertie maketh men laborious industrius glad to trauaile and take paines by which diligence and industrie they attaine to riches by them they become vicious wicked and so by reason of their wickednes at length they fall into pouertie againe which constraineth them to take paines and be industrius as they were before The change of y e gouernment as Aristotle saith commeth by reason that they which gouerne are very absolute in commaunding nothing regarding reason or iustice but altogether tendering their own particular and priuate commoditie and herein differ Kings from Tyrants and a good regiment from a bad 17 And to conclude the gouernment in Common-weales are also changed and altered by sects and newe Religions for nothing doth more maintaine the estate of the Common-welth then Religion and for this cause they that will vsurpe any Kingdome or Monarchie take aduantage by Religion for with it they draw the people to obey them wherewith they disquiet the Common-weales and all customs are broken and factions seismes partialities and dissentions are brought in as may be seene in those that haue brought in newe sects and altered good customs into badde vnder pretence of Religion As Mahomet who with his wicked sect infected all the Arabians the Xequi Ismael with interpreting the Alcoran after a newe manner brought in the Empire which the Kings of Persia nowe holde In the time of the Emperour Alonso King of Castile a certaine man in Affrick called Aldemon son vnto a Gentleman did rebell because an other Moore that was one of his companions and a great Astrologian verie well skilled in his Arte had told him that he should once become a mightie man so that this same Astrologian began throughout all Affrick to preache and declare the Alcoran praysing his fellowe and companion Aldemon and making all the people to beleeue that he shold be a great Lord and thereby he gathered such a company together which followed Aldemon that it was a wonderfull matter to beholde them and at length the matter was brought to that passe that Aldemon with all them that followed him fought a battaile with Alboachi King of Arabia who at that time was Lord ouer Affricke and ouerthrewe him and slewe him in the conflict and so Aldemon was made King of Arabia and Lord of Affricke The Anabaptistes and such other pestilentiall Heretickes by misconstruing the holy Scripture and sophisticallie expounding Gods word haue infected many places with their pernicious sect and caused many alterations and hurlie-burlies in diuers Countries not without the great hurt and losse of many Christians King Ieroboam builded a Temple and in it sette vppe a golden Calfe making himselfe high Priest of Idolatrie which he did because by his own example he should drawe the people to commit Idolatry that committing Idolatrie the ten Tribes which had rebelled against
the Emperours commaund he was slaine and put to death Rather would he die though he was not a Christian then defend an vniust cause And he esteemed more as our Lord and Sauiour Christ Jesus teacheth vs not to offend God then he did of those that kil the bodie but not the soule Those learned men that iustifie false things vnto their Princes discharge not their dueties as they are bound to doe for they perswade them to doo many thinges that redound to the Common-wealths vtter destruction 5 A Prince then ought to select such Counsellers as doe not approoue all that which be saith for that is the cheefe and principall tricke of flatterie to allow all that is said and still to sing Et cum spiritu tuo Such men as the Italians say iourney still betwixt Lodi Placentia they neuer goe to Verona They rehearse continually the Psalme of Placebo Domino but they reach not as Gerson saith to the verse In regione vi●orum because their sinne is deadlie in deceiuing their Princes with flatterie counterfeyting and masking those counsails which they giue with a false shew of Religion and iustice regarding more their owne particular profit then the common welfare These counsels haue no iustice at all in them but onely the name of iustice which they giue them to colour and maske the vniustice and wickednes which in them lurketh And when such Counsellers come with shew of iustice and Religion the harme which they doe vnto the Common-wealth cannot be repaired because in their owne defence they make a shew of iustice with which otherwise they might haue béene suppressed These are rather as Innocentius the third Pope saith cosenners then Counsellers of Princes 6 That Counsellers may freelie speake their mindes in their consultations Princes ought to imitate the Emperour Augustus Caesar who as Seneca saith béeing desired by Tacitus to come to his house to iudge of the offence which one of his Sonnes had committed did as Tacitus requested him and because he should not mooue them that shold heare the matter debated to folow that which he said and say as Princes Counsellers commonly doo Et cum spiritu tuo he commaunded that euerie one that was to determine of the matter should set down his mind in writing and when as euery man had said what he thought best to be doone the Emperour told them his opinion and liking The Emperor Caesar Augustus neuer asked hys Counsellers after the order as they sate but here one and there another that they should all of them be attentiue and readie to answer and shew their mindes what they thought was to be done without addicting themselues vnto that which the others said In ancient times past when they proposed Lawes vnto the people of Rome concerning the Common-wealth they began to propose the ordinances to them which bare no Offices to the end that they might boldly shew their minds what they thought to be most profitable to the Common-wealth and not kéep back their opinions for feare least they should offend those that bare office in the Common-wealth if they earst had said to the contrary Aulus Gellius saith that in y e Senate house sometimes they asked him that was chosen to be the head of the Senate somtimes those y t were elected to be Consuls And Baldus saith that the most ancient men ought to be asked first conformable to y e which king Salomon saith speak the elder first The fourth discourse what counsels are expedient for the gouernment of a Common-wealth that is well instituted THE counsels are the foundation whereon all Common-wealths be grounded For whatsoeuer is conuenient to be doone for the profit of the Common-wealth is decided in them And according to Aristotle there be fiue counsels which euerie Common-wealth that is well gouerned ought to haue The first is of reuenewes in this counsell they consult vpon rents as well ordinary as extraordinarie and vpon superfluous expences how the rents are spent and consumed This counsell is very necessarie in a Common-wealth for substance is the Quintessence as wel in publike as priuate affaires without which neither men nor Common-wealths can fitly be maintained For little profit the foure Elements and al other mixtures whatsoeuer if men haue not wherwithal to buy such things as are necessarie to their maintenance and sustentation as I wrote more at large in the Treatise which I made of the crafts and fetches wherwith men attaine to riches The second counsell is of peace and this commonly is called the counsell of estate on which the whole gouernment of the Common-wealth is grounded as I write more at large beneath The third counsell is of warre vnto this counsell it belongeth to looke to the fortifying of places and maintenance of men and what Souldiers are necessary for warres and the defence of the Common-wealth and manie other matters concerning the same The fourth counsell is of such prouision and mayntenaunce as is necessary to the Common-wealth This hath charge to prouide furnish the Common-wealth with maintenance and other thinges necessarie to life in time of peace or warre The fift counsell is for the Lawes and iustice In this counsell all things are handled that pertaine and belong to the Prince as well in ciuill as in criminall matters that y e same may be there determined which the Prince according to right and iustice if he were present should ordaine by what order of iustice soeuer Fredericus Furius calleth this the counsell of punishments vnto this is that referred which is determined in the Chaunceries if the parties pleading complaine that the Judges of the Chaunceries doo not iudge well and conformable vnto iustice To which also it belongeth to haue a regard what Offices charges Magistrates and Gouernours are necessary for the gouernment of the Common-wealth and what and how much authority and power they ought to haue this counsell shall adde such Officers as are wanting and put downe such as are superfluous It pertaineth also vnto this to declare and expound such Lawes as haue a doubtful sence and take away such as are hurtfull to the Common-wealth and make such newe as are necessarie 2 Unto these fiue counsels which Aristotle sets down Fredericus Furius addeth the sixth of gifts and rewards This counsell hath charge to heare and learne the merits deserts generally of all béeing enformed of the life manners and abilitie and déeds of those that not asking any reward deserue to be rewarded for their vertues And particularly of those that aske some rewards A reward is properly called that which is giuen to doo good vnto him to whom it is giuen For that which is giuen to get and obtaine some thing of him vnto whom it is giuen is not properlie a reward but a contract or bargaine séeing it is betwéene two parties that haue to doo with debt and receit And such reward is rather to
freendes concerning matters which require such speed that it lieth vpon their liues credite and substance yea and their conscience also to haue some counsell or other and that the freend of whom counsell is demaunded ought without any delay at all so readily shew his minde what he thinketh ought to be doone in this case as if he founde it readie in the holy Scripture King Salomon counsaileth vs to let our eyes behold the right and let our eye lids direct our way before vs and so shall we not goe vnaduisedly about that which we doo before we haue consulted and deliberated vpon it And vnto this as the reuerend Father Ludouicus Granatensis saith fiue things are necessarilie required First to commit all matters vnto our Lord and Sauiour Christ Jesus Secondlie to perpend them with great attention and discretion not onely marking the substance of the matter but also considering all the circumstances that belong vnto it For if onely one thing be wanting that one thing is sufficient to marre all and though it be throughly pondered fully concluded and altogether perfect yet onely the dooing of it out of time is inough to make a foule blemish in it Thirdly to take counsell For those things that are doone without counsell very seld●me haue good successe also to talke and conferre with others about it but not with manie onely with such as be of sufficient wisedom and experience For though it be profitable to heare the opinion and mindes of manie to knowe the matter throughly yet it ought to be committed but to sewe and those very select and chosen men to be determined and concluded For if there were too manie they might easily erre by reason of the diuersitie of opinions Fourthly to take time in deliberating vpon the matter and let the counsaile ripen a few daies For as by continuance of time we are better acquainted with mens manners so are we also with counsels and determinations and that which at the beginning liked vs very well afterward beeing well considered is altogether misliked Fiftly and lastlie to take heede of foure Mothers in Lawe which the vertue Prudence hath Which are ouermuch rashnes affection obstinacie or stifnes in opinion and shewe of vanitie for ouermuch rashnes blindeth obstinacie shutteth the doore against good counsaile and shew of vanitie doth soyle and spotte each thing that commeth neere it Franciscus de Vallalobos saith that into the Chamber of mans vnderstanding foure perturbations enter to counsail First Pride which sheweth and presenteth matters of honor Then Couetousnes which doth fore-cast what may be gotten by the victory and what profit may be reap●d thereby Afterward Anger and hatred And by reason of the opinions and thoughts of these foure perturbations reason is not heard and if it be heard yet it is not beléeued 10 The sixth qualitie which king Salomon would haue Counsellers to haue is that they ought not to be wicked and vicious for the counsels of the wicked are full of deceite And séeing that the holy Ghost dooth lighten the vnderstanding of men in their counsels it is a thing to be beléeued that he assisteth and helpeth vertuous and good men shewing them what they ought to doo Counsellers saith S. Ambrose to be men of such doctrine and life that they might be an example to all them that take counsell of them for so they may haue authoritie and credite in the Common-wealth and their life manners will agrée with the counsels which they giue For no man will take the water which he meaneth to drinke out of an vncleane vessell And hardly can he giue good counsell to others that taketh none for himselfe and whereas he might be vertuous and honest he is vicious and wicked 11 The seuenth qualitie that a Counseller ought to haue is that he be no Stranger but a Friende and one that is well known Alcibiades willing to know who was his freend that he might confer with him about his affaires caused an Image to be made of stone or some other thing and set it in his chamber but it was made in such order that one wold haue thought it had beene some dead bodie And then he called vnto him those that professed themselues to be his Friends and told them each one a part in secrecie that he had killed a man and that he had him at home in his house and bringing them vnto the Chamber where the Image was he shewed it vnto them requesting them to fauour him so much as to take away the dead body and to hide it in their houses that if he had béene suspected for killing of the man and the Officers had come to make search for the dead bodie it might not be found in his house but they all excused themselues and refused to do that which Alcibiades requested of them fearing least if the dead bodie had béen founde in their houses they should haue béene brought in trouble as accessaries in that offence vnto Alcibiades Onely Callias said vnto him that he would take the dead body and kéepe it secretlie in some part of his house and that for his sake he would aduenture what danger soeuer And from that time forward Alcibiades tooke Callias for a right true Friende and said vnto him that the same which he thought to be a deade bodie was but an Image which he had commaunded to be made to try his friends In aduersitie a man may easily know who be his true and loyall friends Iulius Caesar said that a mans friends become enemies if Fortune pursue him And Iustine said that where Fortune doth fauour there men doe fancie 12 The eight qualitie that a Counseller ought to haue is to be faithfull in counselling not to counsell any thing which is not good Fredericus Furius saith that a Prince may learn whether y t his Counsellers be faithfull or no if he faine to aske counsell in things that are quite contrarie to the welfare of the Common-wealth saying that though they were such yet for certain causes it concerned his person to haue them put in practise As for example if he would haue them to break some important Lawe or to weaken and diminish the libertie of some Priuiledge or to ordain some excessiue tributs or toles or som such other like things And by their answer and determination may he in some sort gather howe they be affected towardes the Common-wealth The Emperour Constantine desirous to know whether his Noble men and Counsellers were faithfull he published that all those that wold leaue the Christian faith and turne againe to the worshipping of Idoles they might fréelie doo it and that he would neuerthelesse maintain them in his Court and make account of them as of his freends Heerupon some of them did forsake the faith of our Redéemer and Lorde Jesus Christ and of Christians became Idolators which the Emperour Constantine perceiuing would not any longer suffer
ignorant of the Arte which they professe vse it to the great hurt and domage of their neighbours and of those y t take their counsell and as Socinus saith Aduocates and Counsellers in Law are bound in the Court of conscience to make satis-faction for al the losse and domage that ensueth by their counsell in those causes which they defende Speculator will haue that Aduocates or Patrons that defende the poore or them that be falselie accused shal not be bound to make satis-faction of the domage that commeth by their counsaile so they vse no couine or deceite therein albeit that ignorance is counted a fault For this doth hold as Bartholus saith in Judges w●ose dutie is of necessitie and not in Counsellers whose duetie is voluntarie Against this opinion of Bartholus doo they make which affirme that the ignorance or want of skill in the Phisition is counted a fault and that they which professe that Arte wherof they haue no skill are fault-worthy for they deceiue thē that aske counsell of them as of men that be learned and skilfull in their profession and this opinion follow Zasius Alciatus Alexander de Imola Iohannes Montalonius and Baldouinus 4 The Emperour Iustinian ordained that euery Aduocate shold swear he wil not defend any vniust cause which can not be defended but with false allegatiens and with a bad conscience and which no Aduocate will defende for it were not good that they should be more estéemed of which defende vniust causes then they which will not defende them This if I be not deceiued doth hold in those causes which are manifestlie knowne to be vniust for in those causes which depende vppon proofes and witnesses which onely conclude to the Judge and in those causes which depend vpon expositions of Texts vpon opinions of Doctors and vpon the will and arbitrement of the Judges which is as frée that though the causes be iust yet it is verie vncertaine what sentence the Judges will giue Patrons and Aduocates are not forbidden to defende such causes séeing they be not manifestly known to be vniust but yet they be bound to open the truth vnto their Clyants and procure that the strifes and sutes in Lawe be not immortall euerlasting vsing malicious and craftie fetches to deceiue the Cliants or parties pleading That which we haue said of Patrons Aduocates doth also hold in Phisitions for they are not in fault if they minister to the sick according to the rules of phisick for it is not in the power of the Phisition to giue life vnto them that be sick albeit that they are faultie if they be ignorant in theyr profession and vnderstande not the Arte which they professe For this holdeth in those Phisitions that be ignorant of those things which they commonlie ought to knowe which professe the Arte of curing and this is the ignorance that is counted a fault for they vse deceite and crast in professing that wherein they haue no skill And if the Patient die through the ignoraunce of the Phisition that vndertooke his cure he is bound to make satis-faction for the coste and charges of the Patient And as concerning corporall punishment it lieth in the Judge his pleasure either to appoint him a moderate and extraordinarie punishment or to punish him according to the offence committed That which we haue said of Patrons and Aduocates holdeth whether they take money for theyr counsell or no albeit this holdeth not in those that say without consultation what in such a matter ought to be doone For those that answere questions demaunded of them are not bound without rewards to resolue doubts which they aske of them in the Arte which they professe And many loth to spend monie propose their doubts to some learned men who though they answere conformable to the rules of the Law which they remember at the time y t theyr counsaile is asked and albeit they answere according to their conscience yet be they not bound to call to remēbrance al which both diuine and humane law disposeth and intreateth in matters that may fal out for this as the Emperor Iustinian saith is a thing more diuine then humane and the fault lyeth in the Clyents who because they should not pay fée vnto the learned are contented with the answer which their Counsel giue without studie vpon the case For such answers and counsails are by the Lawyers termed Consilia et responsa volatilia such as are lightly passed and are not considered and examined but lightly giuen and are like fethers carried away with the wind hauing nothing in them like to counsaile but the name onelie for it is giuen without meditation or studie onelie to satisfie their importunitie that aske Furthermore if he that giueth a man coūsaile perswade the partie to followe his aduice because of the profit which he himselfe may get thereby and not for that he vnto whom he giueth aduice should be the better by it then is he bound to make satis-faction for the losse which the partie taketh by folowing his counsaile As for example One knowing that a certaine Merchant which owed him a summe of money was altogether behind hand and readie as they saie to make a banck-route to recouer his money affirmed to another Merchaunt to whom the banck-route made sute to lend him some money and assured him that the banck-route who would borow money of him was a welthie man well monied and sufficient to be trusted with any summes of money that were lent him This man is bound to paie for him whose sufficiencie he assured to the Merchaunt that lent the money for vnlesse he had warranted the banck-routs abilitie the Merchant had not trusted him with his goods Againe One burst not take a Seruant because he doubted of his trueth another told him that he might trust him with all that euer he cōmitted to his charge or custodie This man is bound to answere for all what soeuer the seruaunt stole because his Maister woulde not haue taken him into his seruice vnlesse he had assured him of his truth 5 The prouidence of God in whose power the counsailes of men be doth often permitte that those counsailes which are giuen fraudulently and maliciouslie become hurtful vnto those that giue them according to that of Salomon Who so diggeth a pit shall fall therein and he that laieth a stone in his neighbours way shall stumble theron and he that laieth a snare for another shall be taken in it himselfe And for this cause sayth Hesiodus the Greeke Poet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That man himselfe doth harme who seekes another to intrap Ill counsails to thēselues which men to others giue worst hap As it hapned to the Woolfe that when he counsailed the Lyon to kil the Foxe he himselfe was killed by the Lyon and many others are so serued and hurt with their own
his Treasurie that he might haue the ouersight gouernment of such matters as did belong vnto the rents reuenewes and substance of his Maiestie The Emperour answered that he knewe he well deserued to haue him doo him a pleasure but yet neuerthelesse if he should grant him that request he should giue all the world occasion to talke for séeing he knew not how to vse his own substāce he shold much lesse know howe to rule gouerne the store of the whole Common-wealth But to return to the purpose that the Counsellers of Princes may according to their duetie serue their Princes well and faithfully it is conuenient that as wel those that be learned and lettered as they that be craftie subtile should haue a good a pure a sound and a sincere conscience and that they should be as our Lord and Sauior Jesus Christ teacheth wise as Serpents and innocent as Dooues for it is not profitable for the Common-wealth that Princes should haue such men to their Counsellers as be subtile malicious And if this be manifest that all Common weales be conserued by Religion and true worshipping of God no doubt but they will be better conserued as Laurentius Grimaldus saith if Princes admit learned and vertuous Prelats to their counsels vnto whō our Lord and Sauior Jesus Christ committed the charge of Christian soules the administration of his holy Sacraments and the deliuering and preaching of his word that they might with their zealous prayers and supplications continually request and beséech the Lord to augment and conserue the Common-weale publique And if the Romans Grecians Egiptians and all other Nations which serued the deuill and worshipped Idols did admit their Priestes vnto their counsels and gouernment of their Common-weales by what great reason then ought Christian Princes in the gouernment of the Common-wealth to take counsell and aduise of the Priests of God and the Ministers of his holy word The Emperour Charles the fift said that learned and vertuous Prelats séemed very well in the counsels of Princes because they did represent the Ecclesiasticall estate which was the foundation of all Common-weales and because that the Prelats being in the counsels of Princes all matters which in them were handled might be dispatched to the seruice and glory of God The tenth discourse whether it be more profitable to the Common-wealth to haue a good Prince and ill Counsellers or an ill Prince and good Counsellers ELius Lampridius affirmeth that it is better for the Common-wealth that the Prince should be naught the Counsellers good then the Prince good and the Counsellers naught For a great deale sooner is one changed by the example and counsel of a great many then a great many by the example and counsell of one And for this cause the Counsellers of Princes ought to be vertuous of good behauiour honest in life and estranged from all couetousnesse and humane pretences louing the Common-wealth and their King whose authoritie and estimation they ought to make account of aboue all other worldlie things This which Elius Lampridius saith holds in those Princes that folow that which their Counsellers aduise them to doo and not in those who will haue that their Counsellers shal approoue and allow all whatsoeuer they say o● like though the same be manifestlie hurtfull and preiudiciall to the Common-wealth These as King Antiochus said are so nice wanton arrogant and proude that they will neuer heare any true tale nor take any counsell but will haue that all men shall like with their actions and allow all their sayings● and by gestures demeanures and moouing of their bodies their subtiltie of wit and greatnes of iudgment were meruallous that euerie one should saie Et cum spiritu tuo Demetrius Phalerius to shunne this inconueniente counselleth Ptolemey the King of Egipt that he should reade Bookes which treated of Kings and Common-weales For in reading of such bookes he should find many things which his Counsellers and familiars durst not tell him Isocrates exhorteth and counselleth Kings to choose vertuous and faithfull Coūsellers and that they should many times request them not to fauour or praise that which they said but to tell them the truth and freely shewe them what they ought to doo concerning that about which they consult And by this meanes euerie Prince should haue Counsellers that would haue a regarde of his estate and publique profit of the Common-wealth Iohn the second King of Portugall would not bestow a certaine dignitie vnto some that requested it of him saying that he would giue it vnto one of his Subiects that neuer spake any thing vnto him in all his life which pleased his humour but that which he knewe to be profitable both vnto him and to the Common-wealth Don Alonso the twelfth of that name King of Castile entering into the house of counsell sate in his Chayre of estate holding in his right hand the sword wherewith he was dubbed Knight and in his left hand the royall crowne and beeing thus set he requested those of his Counsell that they should freely tell him what they thought and in such order counsell him that the maiestie and honour of his crowne might euer remaine inuiolable and the power of his sword might daily rather increase then diminish 2 Don Francisco de Almeida Viceroy of the Eastern Indies béeing informed that some of his Captaines which he admitted to his counsell had giuen foorth spéeches how that they did not fréely open their minds vnto him because they feared least if they shold haue vttered any thing cōtrary to his humor he would haue béen offended with them tooke occasion to talk with those of his Counsell among many other things which he mentioned vnto them tolde them that one of the greatest sins which men might commit against God and their Prince was not to make him acquainted with their opinions and not freely to shewe him what they thinke concerning that about which they consult For so they offend the Lorde in that they denie the iudgment and vnderstanding wherewith it pleased his diuine maiestie to endue enrich them and against their Prince vndoubtedly they commit a kind of treason And because men erre more often through mallice then ignoraunce those cleane vnspotted and free counsails which God inspireth are better safer and surer then those that are giuen vnto hope of gaine or some other vngodly pretence and respect of feare loue or anger For men commonly by reason of some perturbation or indignation and wrath wherewith they be mooued against others knowe not what they doo and like men distracted and rauished of all their sences doo all things ouer-thwartlie and otherwise then they ought Isocrates counselleth those that will take aduise about some thing to breake the matter vnto those of whom they take counsel as if it were concerning some other body and not pertaining vnto them themselues For so by thys meanes
so profitable for the Common-wealth and though they know not or vnderstand not what he saith nor what they gaine-saie As one did who chaunced to sléepe in the Counsaile-house when the Counsellers should giue their voices and béeing awaked by the other Counsellers asked what he thought of that vpon which they consulted rose vp béeing halfe a sléepe and not knowing what he said vttered these words My Lords I say the contrarie vnto all what soeuer Alimani hath sayde for he was his aduersarie But Alimani answered I haue said nothing Why then replyed the other I gaine-say al what euer thou shalt say Such men are very hurtfull to the Common-wealth 9 Though in witnesses the person that beareth witnes is more regarded then the testimonie which he giueth yet in counsaile we ought not so much to regarde the Counseller as his counsaile for the persons be in authoritie by reason of the counsails and not the counsails by reason of the persons And though it be true that they which are more experienced know better what is necessarie in euery thing then they which haue no skill at all yet ought euery prudent and wise man to heare the opinion and liking of manie For no one man as we haue said can know al that is required and oftentimes a simple fellow his aduice is as good as euer any was heard As I writt more at large in my booke of craftie prudent counsails And for this cause it is said of olde among vs in Spayne So elsayal ay al. that is Oft a ragged cloake Doth hyde a silken coate And Athenaeus sayth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And often simple men we see Speake things that to the purpose bee There was a certaine Prince that deuised how he might enter into Italie to make war and a Foole said vnto him Lord I beseech your maiestie to looke how you shall get out againe if neede force you to come backe out of the Countrey for there be many waies to get into it If Charles king of Fraunce had considered this he had not béen so troubled in fléeing out of Italie when his Armie was ouerthrown in the Riuer of Tarro The counsaile which the Foole gaue was like vnto that of the Foxe who would not enter into the Lyons Denne because he sawe the steppes of many that went in but of none that came forth againe Horace Quia me vestigia terrent Omnia te aduorsum spectantia nulla retrorsum Because I feare these foote-steps what they meane All tending towards thee none backe doe turne againe 10 The Lacedaemonians consulting vpon a matter of great importaunce a certaine Cittizen called Demosthenes béeing a wicked and vicious man gaue an aduice which was very conuenient and much to the purpose but they reiected it and elected one of the Elders to pronounce the same opinion in the verie same wordes as if one should powre out the liquour that was in a foule vessell into a pure and cleane vessell because it should be the better liked of the people And that they which were to giue their voices after him should allow and approoue that counsell séeing it was giuen by a sage and vertuous man 11 Counsellers ought to shew their mindes freely concerning that which is consulted though they know that the other Counsellers wil not approoue y e counsaile which they giue for as Tullie saith counsails ought not to be rebuked for the successe but for the reasons which are alledged to haue them folowed And they ought not to excuse themselues saying that they shall loose their credite if they counsell anie thing which will not be approoued so that it is more profitable and better for the Common-wealth to haue them accounted prudent and wise then mightie and puissant and they that wil haue theyr counsels followed seeme not so much to counsaile as to commaund 12 Many thinges though they doo no harme at the beginning neuerthelesse at the end they become very hurtfull and dangerous to the Common-wealth if they be suffered to take roote as Ca●o Censorius saide in one of his Orations which he made in the Senate against the superfluous expenses of the women of Rome For there is no estate of men who if they be suffered to assemble and consult together secretly but they will shr●wdlie endomage the Common-wealth And as the same Ca●o said in an Oration which he pronounced against those that were assembled together in Rome to celebrate the Feastes which they called Bac●hanalia those secrete méetings and congregations which when they beginne haue no forces and are very weake if they be dissembled and not looked to in time increase and growe in strength more and more and in such order augment dailie that it is a very difficult and harde matter ●● repaire the harme which they doo especially in matters concerning Religion This is manifestlie séene in those which bring in newe sects which if they be not ex●inguished and quenched at the first beginning as the fire when it beginneth to burne in time will gather so great forces that they quite disturbe and disquiet the whole Common-wealth Therfore it is necessary that before they take roote great care and diligence be taken to ra●● them out quite and not suffer them to take roote For they be easily remedied when they beginne but with much adoe when they grow dailie and encrease As Ouid affirmeth saying Principiis obsta sero medicina paratur Cum mala per longas conual●ere moras At first resist or els in vaine thy medcin comes too late When mischiefes gotten haue by long delayes a perfect state 13 Young men because theyr naturall complexion is hote and haue had but small experience of Fortunes gutles as Hanniball said to Scipio in consultation ●asilie incline to that which is more magnificent then sure not regarding what may succéede and follow But olde men because theyr naturall complexion is cold and haue oftentimes béene crossed with euents contrary to theyr expectation follow surer counsels then magnificent or honourable We ought therefore to temperate the vehemencie of youth with the wisedome of olde men and consider and examine what is said both of olde and young choosing that counsell which is safest and most profitable for the Com-wealth and when there is any doubt which counsell ought to be allowed then ought the olde mens aduice be approoued and put in practice Roboam King of Ierusalem lost the kingdome and dominion which he had ouer the twelue Tribes of Israell and onely two of them obeyed him the Tribe of Iuda and the Tribe of Beniamin and that because he had refused y e counsaile of the ancient Francis the King of Fraunce because he folowed the counsell of his Admirall who was a young man refusing the aduice which his aged Counsellers gaue him was ouerthrowne and taken prisoner in the battell of Pauia by the souldiours of the Emperour Charles the fift his
greatnes and excellencie of the Senate of Rome for in it were not onelie manie noble and famous Captaines with those Crownes on their heads with which they triumphed because they had valiantlie ouercome their enemies and subdued manie Princes to the Empire of Rome but also many ancient persons of great authoritie estimation wonderfullie exercised in the gouernment of the Common-wealth 5 Those ordinaunces and Lawes that were made at the first beginning of the Common-wealthy when men were good afterwards whēanen became wicked serued to no purpose for the Lawes varie according to the accidents that happen in the Citties but the ordinaunces are verie seldom altered And thys is the cause that good Lawes suffise not because the ordinaunces remaining stable and inuiolable doo disanull them There was in Rome the ordinance of gouernment or rather of estate and after wards the Lawes and Offices with which they bridled the Cittizens The ordinaunce of the ostate was the authoritie of the people of the Senate of the Tribunes for so the Protectors of the Commons were called in Rome and of the Consuls and it was the manner and order howe the Lawes should be ordained Which ordinaunce is not change or al●●eb by reason of any accidents that may chaunce but she Lawes which keepe the Cittizens in obedience they be altered as the Lawes which were made for the constraint of adulterie of excessiue expences and ambition and many other Lawes aceording as the people dailie grewe to be more more wiched and vicious But because the ordinaunces of the estate which the people béeing corrupted were not good did remaine inuiolable those Lawes which were renued did not suffice to keepe the people from wickednes but they might haue doone-much good if the ordinaunces had béene renued with the Lawes 6 We may easilie perceiue that it is not good to haue the ordinaunces remaine stable and inuiolable when as the Cittizens ware wicked by two principall things the one touching the election of Officers and ordeining of Magistrates the other touching the establishing of Lawes There was an ordinaunce in Rome that none might be Consuls or beare any other great Office in the Cittie sauing those Cittizens that did stande for the Office and made sute for it This ordinaunce at the beginning was verie good for then no Cittizens sued or sought to beare Office but such as thought that they did deserue to be in authoritie and they tooke it for a great diseredit to haue the repulse and therefore euerie one because they woulde be iudged and accounted worthy of that dignitie endeuoured to be vertuous But after ward this ordinaunce became very harmfull and pernicious for they that were most mightie not most vertuous sued for the dignitie they that were not mightie though vertuous for fear durst not stand for the Offices To this incōuenience came it though not in a moment yet in continuance and tract of time as all other inconueniences vse to happen For the Romans hauing subdued all Affrick and Asia and brought almost all Greece vnder their subiection assured themselues of libertie and thought not that they had any enemies whom they needed to feare Whith securitie of theirs and weakenesse of their enemies caused the people of Rome in the election of their Consuls not to respect vertue but fauour so that those were placed in that dignitie that wist better howe to entertaine their fréendes then to encounter with their enemies And after that they which were most gracious had a prettie while borne the Offices then they which were mightiest and coulde preuaile most were elected to be heade Officers so that honest and vertuous men by the defect of such an ordinaunce were altogether excluded from the dignities and prebeminences which chéefely appertained vnto them 7 Therefore to the ende that a Common-wealth may be maintained in her wonted libertie it is necessarie that newe ordinaunces be made to remedie that which the mallice of mē bath corrupted for little profit the Lawes when the whole subiect and bodie as it were of the Common-weale is so much disordered that they cannot possiblie sette it in order againe Some say it is well nigh impossible that all ordinances should be changed for if they would disanull them by little and little it is necessarie that it shoulde be doone by some wise man that foreseeth and perceiueth what inconueniences might happen by reason of such like ordinaunces and those men that are accustomed to liue after one manner and order will not alter that ordinaunce especially because they perceiue not the discommoditie thereof vnlesse it be shewed vnto them by apparent coniectures Moreouer if they woulde goe about to repaire the ordinaunces all in a moment yet albeit euerie one esteemed thē to be naught that yet would it be very hardlie brought to passe For to vse ordinarie meanes séeing they be naught is not enough but it is necessaire that he should come at last to extraordinarie meanes to witte violence and Armes and before any other thing to make himselfe cheefe of that Cittie that hee may chaunge all thinges at his will and pleasure and to establish his Lawes and ordinaunces it is necessarie he shold haue authoritie to suppresse them that through enuie propose themselues to gainesaie contrarie them for no man can hope that tract of time may confirme them and his vertue and honestie that bringeth them in sufficeth not and as for the fauoure of the people that is variable and wickednes and mischiefe will not be appeased by any gifts or good turns according to that Improbitas nullo flectitur officio A knauish minded man Reforme no dutie can Moses slew many men which for enuie and hatred rose vp against him and would not haue that the Lawes and ordinances which he published should goe Forwardes To conclude because it is necessarilie required in the mutation or rather reformation of a Common-wealth that it shoulde be doone by a good man and because it is presupposed that he which maketh himselfe Prince by force violence is a wicked man it chaunceth very seldome that a good man will make himselfe Prince by ill meanes though his intent be good or that a naughtie and wicked man after he is made Prince will vse that authoritie well which he hath obtained by ill uteanes and therfore it is necessarie that the Common-weale be reduced to the estate of a kingdome 8 All this discourse which is taken out of Machiauell is grounded vpon this that in those Common-weales that be ruled and gouerned by many they that rule and gouerne them doo verie hardlie agrée one with another in keeping and altering the old and auncient custonies and it seemeth that thys holdes in those Common-weales that are weake and gouerned by the counsaile of manie who though the inconueniences be most manifest and notorious yet through their naturall imbecillitie they knowe not nor cannot tell howe to repayre them But those Common-weales that can renewe the
reason as wel by rewards as by punishment in euery Common-wealth Parliaments be holden in which the Estates being assembled together consult vpon all things that necessarily ought to be doone for the commoditie profit and conseruation of the whole Common-wealth 14 Aristotle is of this minde that such Lawes and ordinaunces as are profitable to the Common-wealth shoulde not be altered and that those that are not very harmfull shold not be abrogated for if they shoulde still be chaunged altered and renued and haue no stablenes or firmitie in them they be but little accounted and esteemed of by the people for they thinke that as some of them be changed so they wil al be altered And therfore they obey not the Lawes with such reuerence and dutie as they ought to doo This which Aristotle saith ought to be obserued in the election of Officers and Magistrates and all other things pertaining to the Common-wealth not changing or renuing any Law or ordinaunce which endomageth not the Common-wealth for the lesse they be chaunged or reformed the lesse they be transgressed As I writte more at large in my Bookes of pollicies and Common-weales in the Treatise of Lawes and Law-makers But if the Gouernours of the Common-weales chaunge and alter one manner of gouernment into another they ought to forecast and consider with themselues whether that people whose gouernment they goe about to abolish are wonted and accustomed to liue in libertie and whether they be priuiledged and haue gotten the gouernment by succession or by lawe of Armes for those Princes find the people more louing and willing to obey that continue in succession of some estate then they that newlie beginne the inheritaunce Cornelius Tacitus saith that it is expedient that they which newlie obtaine some estate should vse great liberalitie mercie especially if the people be accustomed to be mercifully and curteously dealt withall So that if Princes followe that counsaile which the Elders gaue vnto Roboam despising the aduice which the young men gaue him then they shall gouerne their people as Phillip de la Torre saith with loue of brotherhood and Christian charitie to the end that the people with the same loue and charitie may obey them For there is no better way for a Prince to be beloued honoured reuerenced and ob●ied of his Subiects then to loue thē first which Princes would soone doo if they did enter into themselues and consider y t they are Sheepheards Pastors and fathers of the multitude which God hath committed and commended vnto them to maintaine and defend them and to ayde releeue and succour them when they be wearied with labours consumed with pestilence and wasted with warres But those subiects that be welthy well able ought to ayde their Prince in the defence of the Cōmon-wealth and releefe of the poore and needie people that haue beene oppressed with the gréeuous tyrannie of war For séeing that parte of the commoditie that is gotten by defending the Common-wealth falleth to their share it is great reason they should assist their Prince to ayde the Common-wealth and deliuer it from out the hands of the enemie putting him to flight and driuing him from their borders and they ought not to excuse themselues either because they be exempted or priuiledged for no such excuses are to be admitted in time of necessitie But the Prince on the otherside must so moderately and after such order vse them that he doo not as the Emperour Tiberius saith flea them but shaue thē and séeing that the causes wherfore we be chastised ill dealt withal destroyed and vexed with warres famine dissentions and plagues are common for we are all sinners and in many things we greatly offende against the Lord and perchaunce they that thinke themselues blamelesse are most faultie it is great reason that euery one shoulde ioyne with the King and beare a part of all the troubles and charges with him séeing that not so much as our Kedéemer and Lord Jesus Christ nor all the Apostles denied to pay their part vnto the Magistrates if not for right and because it is due yet bothe because the Common-wealth shoulde not be disquieted and also with their example to encourage and stir vp others that be better able to doo the same 15 Very small faults and such as are not seene at the first are more dangerous then greate faults for that danger which is knowne causeth men to séeke meanes to auoide it but that which is not knowne groweth so much by little and litle that when it is knowne it cannot be remedied and it is like vnto the disease called Febris ethica which when it beginneth a man feeleth or perceiueth not any harme but when it is come so farre that he knoweth it no medicine can cure it And thys doth proceede by reason that men commonly consider only that which they sée and that which at the beginning seemeth to bee but a small thing and altogether vnlike to become anie thing hurtfull growing by little and little at length waxeth verie domagable to the Common-wealth which may be easily séene in those assemblies and congregations where many meete together in secret which at the beginning seeme not to threaten any great harme and yet at the length when they are fullie growne and augmented they wonderfullie disquiet the Common-weales and cause many hurlie-burlies The Romaines would not permitte any great assemblies or companies to gather together without they had licence of the Prince and they ordayned that euery companie or congregation shoulde haue a President whom because of the authoritie that was giuen him by the Prince all they that were of those congregations or assemblies should obey And those Presidents shold enquire and examine what men gathered into those companies For the people beeing like to the Sea which by any wind is soone mooued they that assemble together whē oportunitie serueth they disquiet the Cōmon-wealth And as it doth a man much harme to haue any one of all his members to growe bigger then the rest and to excéede the proportion of all his other members so great care ought to be had that no assemblie or congregation be suffered to growe so long that it may bring harme vnto the Common-wealth The Emperour Traianus wrote vnto Plinie when he gouerned the prouince of Bethynia that he should not let the companie of those that made the Armour Instruments for war to encrease so much that they might hurte or endomage the Common-wealth 16 When the gouernment beginneth to be deminished because there be more that gouerne naughtilie then well thē a small thing sufficeth to hinder the execution of that which is determined in the Counsell and though some counsaile well yet it is to no end séeing that the greater part beareth it away and their béeing in the Counsell is to no other purpose then to be partakers of the fault which they commit that counsaile ill these
The third discourse how needfull and necessary it is that Princes should haue in their seruice such Counsellers as freelie would tell them what they thinke to be profitable to the Common-wealth OF how great importance it is vnto all Common wealths that are that Princes should haue such Counsellers who freely would let them vnderstand what they thinke to be most conuenient the Poets in their works sufficientlie declare vnto vs. Who as Plato saith write that Princes are vnd●one because they want faithfull freends to counsell them Cornelius Tacitus agréeing with them saith that a Prince can haue no greater better nor fitter instrument to kéepe and conserue his estate then good freends The Emperour Augustus Caesar said into these troubles had I not fallen if Moecenas and Agrippa had liued whose counsell I was went to enioy Augustus Caesar did much misse them and marked that he bad no fréends to counsell him For Princes haue néede of nothing more then of freends that may giue them counsell The greatest and best guarde that a Prince can haue as Aristeus saith is to be accompanied with a great number of iust and expart Counselle who through 〈…〉 sefting their own commodity aside regard the profit and welfare of the Common wealth For no Armies no battailes no squadrons of fighting men and no treasures that a Prince hath can so wel conserue and defend the Prince his estate as good and loyall Freends who would fréely shew him what they take to be most profitable for the Common wealth And as a certaine Poet saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 O that some poore man Irus like there were That all my faults mislike waied without feare And true freend-like tell how my selfe I beare Merope in the Tragedie doth admonish vs saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Take those to freends that from thy will in words do disagree But all such as with flatterie thy humor seeke to feede That none such e●●tor 〈…〉 dore see that thou take good heed 2 For Princes loose not their authoritie at all in folowing that which their Counsellers aduise them but rather increase and augment it for if Counsellers deminished it then would no Princes haue any Counsellers of whom they might learne what were most profitable for y e Common-wealth In the war which the Grecians waged against the Troyans the counsels of Nestor and Vlisses were farre more profitable then the forces of Achilles and Aiax as Agamemnon shewed when he sayd that if he had had tenne Nestors to haue giuen him counsel the siege of Troy should not haue continued so long Henrie y e third of that name king of Castile said that the counsels of wise men did the Princes more good then the Armes of valiant soldiers Because brauer and more notable acts are wrought by men of counsell then by Armes He was also wont to alledge y t which Tullie said to this purpose to wit that the counsels of Solon had béene no lesse profitable vnto the Cittie of Athens then the victorie of Themissocles Salust assirmeth that counsell is not onely profitable for the consernation and maintenance of peace but also for the atchiuing of victory because good counsel alway preuaileth much in warre 3 And Princes to the ende they may be well counselled should commaund their Counsellers to speake freelie in theyr consultations and shew their minds what they thinke ought to be determined to doo the Common-wealth good For as Artabanus said to king Xerxes if there be not diuers minds and opinions in their consultations how can the Prince choose that which is best After the same order as we know which is the better gold by laying of one péece of gold to the other euen so comparing one counsell with the other the Princes discerne which of them is most profitable for the Common-wealth And as Paulus de Castro saith euen as persumes the better they be beaten the sweeter they smell so likewise the sentences minds and opinions of Counsellers the more they be debated and discussed the surer and better they be True it is that the rarest and greatest wits béeing of singular iudgment are able to enter déeper into matters then they that are not so wittie but of the simple sort And they that are fullie experienced can better discerne what is necessaire in euery matter then they which haue no skill in it Yet neuerthelesse it is the dutie of enerie wise man to heare the minds of many for one man onelie cannot see and know all things And oftentimes one of simple learning and small knowledge aduiseth a wiser person of such things which he neuer did heare or sée before Dion saith that a Prince séeth with as manie eyes and heareth with as many eares as he hath freends that counsell him sincerelie 4 It is a thing very hurtfull to the Common-wealth that the Counsellers before hand should knowe their Princes inclination for then they séeke all means possible how to find out reasons which may iustifie and prooue that which their King or Prince desireth And for this cause of all hurtfull Counsellers learned men are most noyous to the Common-wealth if they abuse their learning The Emperor Charles the fift was wont to say that it became Princes very well to be accompanied with learned men and that the societie and vse of learned men was very expedient and profitable vnto vertuous Princes and contrarilie very dangerous and hurtful to wicked and lewde Princes For to euevy thing which the Prince will doo they find either n Law or an History to allow and approoue the same And if so be that the Prince be of weake iudgment he will not be able to determine and choose what is most profitable to the Common-wealth It is manifest that the Emperor said true séeing that there neuer wanted men of great learning who contrarie to all reason and iustice iustified and approoued that which their Prince purposed and appointed to doo As also the Emperors which persecuted our Christian Religion wanted not learned Counsellers to allow and approoue their wicked enterprises Vlpian the Lawyer wrote the manner how they should torment and punish the Christians Neither wanted the Emperor Frederick the other Emperors which persecuted the Catholicke Church learned men to iustifie theyr pretences though they were vniust and erronious Moreouer many learned men did iustifie vnto Don Pedro king of Castile that he might marrie with Ladie Marie of Castro though notwithstanding his lawfull wife and Quéene Ladie Blanch was yet liuing Such Counsellers are not to be termed Iurisperiti and Jurisconsulti but rather Jureperditi and Iurestulti Certes they that glorie and vant that they be Christians ought to be ashamed to doe that which Papinian being a Pagan would not doe although he was commaunded by the Emperor Caracalla whose Steward and familiar he was to doo it which was to defend an vniust cause Wherefore by