the lawes customes of their realms which they may coÌ„mute antiquate and abrogate as they list vnlesse such as haue voluntarily restrained themselues in some particulars to the consent and suffragation of their Peeres and Commons for so much as kings are the ministers and deputies vnder God to and from whom they must yeeld account and receiue punishment according to their administration to them committed if they doe abuse the same or violate their oathes And all kings for the most part in causes concerning themselues will annihilate lawes or remit and mitigate them as our dread Soueraigne Lord hath done in pardoning traytors and nefarious enemies of the State being conuicted Which counsell he likewise hath giuen vnto that gracious young Prince his sonne of so great expectation and wonder as the world hath not seene his peere in towardnesse But iust Princes will not commonly commute annihilate or qualifie those lawes by which their people may be preiudiced for such Lawes and Statutes as concerne them are enacted by their owne consents not by royall prerogatiue onely The second good State dependeth vpon that gouernment which is referred to a competent number of the wiser noblemen as if any Prince being weake of himselfe should diuolue the whole administration of his State vnto the lords and fellowes of his counsell and this is called Aristocracie Which kind of state we reade in holy Scripture to haue continued vnder Iudges from Moyses vnto the dayes of Eli vnder whome the arke of Gods couenant was lost and the politicall glorie lamentably defaced But as it followeth my iudgement yeeldeth to the learneder opinions of others That there is not any state so laudable and diuine in earthly gouernment as vnder one according to that saying of Nestor in Homer Non multos regnare bonum rex vnicus esto Vnius imperium cui Iupiter aurea magnus Sceptra dedit iussitque suis dare iur a tuendis It is not good that many kings should rule at once ouer one people let there bee one king and one kingdome vnto whome the God of might hath deliuered the golden scepter commaunding him to make lawes for the preseruation and tuition of his people The third good estate of gouernment resteth in the discreet gubernation of the Commons which is named a Democracie such as gouerned Athens in times past and the like amongst the Cantons of Swizzerland at this day Those other three remaining and framed out of the excesse or outrage of these other three good states predefined consist in tyrannie by which the prince according to lust and beyond the limits of reason law or honestie cherisheth vicious persons and by them strengtheneth his owne arme against all good people which liue oppressed and tortured vnder his gouernment The life of such tyrants is a continuall perillous and inward warre because they cannot repute themselues safe either in front in reare or on the flankes they miserably torture themselues with euerlasting danger feare And those are commonly called Tyranni qui vi armis imperium arripiunt Which with force and in armes bereaue others of their Realms and Crownes Such was Cirus Agathocles and others infinite which maintained their spoyles and rapine by rauening and spoyling These are they which despise iustice lawes and equitie these which forsake the Commonwealth to multiâ—…lie their owne priuate estates these which vexe and oppresse their people with grieuous and insupportable tributes and exactions as vassales and slaues base and abject those of these conditions may not bee called kings but tyrants and nefarious oppressors for euen as rauenous wolues greedily rush vpon the flocke so doe they to dilaniate and deuour the people of God The court of a good king containeth the least part of his riches and his Commonwealth aboundeth and ioyeth in all wealth and worldly felicitie The tyrant hoordeth vp the peoples treasure or employeth it to his priuate vse impouerishing and excoriating the poore subiects A good king hath a good Angell ayding him in the administration of his estate a Tyrant is incensed and directed by a most malicious and wicked diuell A good king punisheth the wicked and preferreth the vertuous a Tyrant cutteth off the liues of good men and prolongeth the dayes of the wicked A good king thinketh himselfe most powerfull in riches when his people doth abound in wealth A tyrant then reputeth himselfe most rich when he hath robbed the Commonwealth of all their goods a good king by the Philosophers is called a shepheard a tyrant is tearmed a wolfe finally the good and true king esteemeth much more the life and weale of his people than his owne life The Tyrant doth not only thirst after the riches and treasure but euen after the bloud and liues of his subiects also The second euill part of gouernment is called Oligarchie which is when the Commonwealth or Vniuersalitie bee forceably yoaked vnder the violent lusts and empire of a few Nobles as at Rome in the gouernment of the Duumuirate and Triumuirate and in Anarchie when the people confusedly by libidinous instinct and auaritious desire make hauocke of all vnder their gouernment vsing all kinds of dishonest pleasures and purchase as a commendable and most needfull recreation and profite For the deuill which is author of confusion and disorder raigneth in their spirits Yea ruinous and most desolate is that Nation like to prooue whose lawes are made out of their owne lusts and perturbed appetites Multitudo namque malis artibus imbuta deinde in artes vitasque varias dispalata nullo modo inter se congruens parùm idonea videtur ad capessendam rempublicam For a multitude which is first disordered and euill affected and then dispersed into diuers professions and fashions of liuing discordant within themselues are not meete to take any charge or tuition of the Commonwealth For the vulgar are neither wise nor discreet but rash and violent in all their commotions and passions especially when they haue the reynes in their owne hands The violence of which misgouernment caused Demosthenes a most learned and euer-renowned citizen of Athens through the peruerse and vniust sentence of the barbarous Athenians being banished after the losse of his countrey liberties to crie forth in the bitternesse of his spirit O Pallas Pallas quae tribus infestissimis belluis delectaris noctua dracone populo O Pallas Pallas which takest pleasure in three most pernicious beasts in an Owle in a Dragon and in the people Which kind of gouernment is not vnproperly compared to the weltring and vnconstant billowes of the sea The Romane policie when their kings were abolished was by the Senate managed a long time After which the people retaining a Democraticall state being attempered with the moderation and authorities royall and with the Patricians as appeared in the Consular estate and in the Senators did carrie with them the fasces and preheminence vntill the reignes of Iulius and Augustus Caesars So that out of the Soueraigne
vulgar The first and chiefe place in all ciuile gouernment vnder princes and Commonweales according to Dion Cassius Francis Patricius Barthol Cassanaeus Hyppolito Furio Ceriolano with others which haue by their bookes opened the formes of counsels concerning the state of any kingdome remaineth to the Treasurers which by the Romanes were called Quaestores à quaerendo because they did seeke how to magnifie corroborate and amplifie the Commonwealth by lawfull and honourable meanes for the speciall weale of those states and princes vnder whom they did administer and also did faithfully conserue those riches to their trust committed Hence is it that Dion tearmeth Quaesturam primum gradumin Senatâ—… howbeit Iustus Lipsius not wholly suffragating to that opinion sayth Quòd inter magistratus fuere quaestores ordine primi dignitate vltimi Which office being auntiently deriued from the Greekes was first erected amongst the Romanes in the first bud of that Empire after it was growne to some height when the societies of those people louingly knit and assembled had in the citie by their policies valour and industrie gathered and got a great masse of treasure together wherein euery free citisen had equall share at what time they did first institute two generall Quaestores or Treasurers which were famous amongst them for their Iustice valour moderation and prudence that had the tuition thereof keeping their office in Aede Saturni This institution of Treasurers Tacitus would haue amongst the Romans when the Consular estate was first established Anno 23. after their kings were abolished some thinke they were first ordained Anno Vrb. conditae 269 But it is not so doubtfull as needlesse precisely to stand vpon that point onely this the place of Treasurers being first amongst the ciuile magistrates as at this day in Fraunce where Les generalx des finances les presedents des accomptes haue a prioritie not onely before both the Counsels strict and at large but also before the foure Primiers Presidents in that realme as our Lord high Treasurer of England hath also whose place with vs is highest next vnto the Lord Chancelour in ciuile reputation giueth me some cause to digest the same into my first booke of Offices being as I may tearme it notvnfitly that liuer wherein the blood which possesseth the mouing life of euery commonwealth is contained For euen as moneyes are fitly called the sinews of war so may we likewise properly tearme them the blood of peace and therefore that state or kingdome whose treasure is exhausted though it be most ample populous and puissant in other things may be called bloodlesse and languishing according to the saying of that learned Lawman Nobilitas sine diuitijs pené mortua est tanquam corpus exangue Riches therefore may bee properly tearmed the blood of peace that entering the veines or conduits of the liuer which may semblably be likened to the Treasurers office and reflowing thence benignely disperseth it selfe into the members of the whole bodie resembling analogically the Commonwealth for the generall sustentation and nurriture thereof It is the bone of that strong arme by which the kingdome is in time of peace strengthened against all hostile attempts It is the marrow by which that bone is seasoned soupled and confirmed or rather that arme which is strongly nourished enabled and knit with those sinewes veines blood bones and pith wherein remaineth a proportionable strength guiding the sacred sword of iustice in hand The charge of Treasurers consisteth in the receiuing keeping and disbursing of the prince his money consisting in the reuenewes of his Empire amplified by the tributes of his subiects supplied by the subsides fines and forfeitures of cities societies and malefactors relieued with the tallages and customes of marchants and aduenturers magnified in the prizes and presents ordinarily resulting from forraine princes and people either friends or enemies and as Titus Liuius writeth Munera Quaestoris sunt pecuniae publicae acceptio expensio signorum militarium ex auro vel argentoin aerario asserâ—…atio praedae venditio subhastatio legatorum exceptio deductio hospitij assignatio All which were most honourable attributes peculiarly permitted to the Treasurers and as Lipsius noteth it such was that auncient honour of those Quaestores that amongst the Romanes of old it was permitted vnto them to make lawes and decrees to subscribe vnto suites motions and petitions being both keepers and presedents of the Lawes and of Iustice which power is with vs and in France deuolued vnto the Lords Chancellors howbeit in that realme principally where the Lord Chancellor is highest in the kings counsels of whom in all causes appertaining the weale of that state the king taketh aduice as of some oracle so that when any rescripts edicts or decrees contrarie to law bee by the king either vpon misinformation or negligence graunted the Chancellour hath ex officio power to cancell or annullate them whereupon was first deuised the name Cancellarius which office in Venice hath the most secret particulars of that state in managing and yet is not so powerfull in his authoritie Likewise the French Generalx des finances vpon the like considerations and respects may cut off or curtall at their pleasures the kings gifts and bounties issuing out of his Treasuries Lands or Reuenewes if in their wisedomes it seeme expedient and therfore as I should thinke they might by the like reason also be called Cancellarij because they Tanquam Tutores limit the kings mind intra rationis moderationis caucellos This counsell of Treasurers conuerseth in the exportation of such commodities as euery Common-weale out of her friendship or abundance exchangeth or ministreth hauing equall respect vnto the induction or reinuection of such other marchandize as their people need and couet most Likewise in all treasures vnder ground as in mines and minerals of gold and siluer copper tinne lead and yron the richest commonly belonging to the prince of that soyle where such treasures are opened and others either bygraunt or otherwise according to legall tenure of Frank Charter or of other immunities royall in tenure of such subiects as accordingly make payment to the custome or imposition of the prince or countrey Wherefore it behooueth that such as be chosen into that place and authoritie bee men not of learning and temperance onely but of good yeares and much experience also howbeit the Romanes did make choice of their Quaestores at twentie fiue yeares according to Tacitus Which greene age could not amongst vs haue had that maturitie of iudgement and foresight in these times that is required in a worthie Treasurer although amongst those Romanes in that golden age of nature we may by circumstances find that young noble men were in all the parts of their life generally temperate and frugall with a certaine specious apparance of liberalitie yet did not in theÌ„ appeare that precocitie which is in many of our young heads of this age
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
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
in wise and honorable councellours all his Nobles and Barons within the space of foure or fiue yeares will bee fit to serue in secret Councell to the best princes of the world nay more a king may make apt Counsellors of very meane men Qui maioribus suis virtute praelucent Which giue more light of vertue than their ancestors onely by this rule so that his house or Court shall soone become a Schoole-house or Colledge of sapience and vertue This likewise in the election of a Counsellor is one exceeding Principle That euery Prince in the beginning of his reigne without very weightie cause to the contrarie continue those Counsellors in their places being left in seruice of his predecessor Which wisedome hath well appeared in your most worthily renowned Maiestie who with good successe and auspicious grace yeelded your selfe to that course vpon your Graces imitation to your heritage of this Crown imperiall of England with the royalties annexed Which some writers haue noted in diuers prudent kings but amongst others in Lewis the eleuenth the French king who being readie to depart this life commended to the trust of his sonne Charles the eight then readie to succeed the fidelities of those Counsellors which instantly did serue him intimating to him in this caueat That hee by good experience in himselfe had formerly felt the smart which ensued vpon the displacing of such approued vertuous and honest ministers Whose counsell tooke such effect with king Charles that hee liued in such happie state amongst his Peeres and Counsell as that in griefe conceiued of his death two of his Officers about his person then in seruice suddenly died also This Charles was so beloued as hath not beene mentioned in the French histories of any king like him except of the Emperour Titus before whom for his humanitie lenitie liberalitie goodnesse and vertues he was much preferred Vnto the making vp of this politicke bodie the profit ruine honour and shame of the prince and subiects are surely fastened It behooueth therefore specially that Princes haue a sharpe sight into them of this societie for admit some could be contented to deceiue yet those finding the Prince more warily like a carefull father than a vigilant tyrant which attendeth bloodie vantages to looke into their actions become faithfull albeit against their will and then being well encouraged with dignities and preferments in their diligence and honesties they shall not haue any cause to wring from others vniustly insomuch as they finding that the prince groweth studious of their weale shall bee mooued entirely to neglect their owne priuate for the better aduauncement of his seruice and Maiestie In which if they doe not both of them keepe rule space time tune and eare reciprocally then shall they both certainely mistake in the descant of their plaine song Hereupon dependeth also that secret Counsellors in weightie matters by the Prince to them concredited keepe counsell and secrecie for it being deemed most odious when a priuate person dispaleth the secrets of his friend that relieth vpon his Taciturnitie how much more contemptuous and damnable is it in him which discloseth the priuate consultations of his Prince when such ouerture portendeth great dammage to the Common-wealth Heerein he reuerseth his truest honours violateth royall affiance and without any sence or religion had of his oath as impiously prophaned as assumed solemnely transgresseth to the death In these considerations it is most behoofefull to conceale matters important from the knowledge of women being of themselues by nature commonly desirous to heare to know and to talke all things And hence was it that Salust inueighing against Cicero did obiect That he did Cum Terentia vxore consulere de Republica That hee did consult with his wife Terentia concerning State-matters Certainely such Counsellors if a man may so tearme them because they cannot keepe counsell but lay that open to the great harme which is deliuered vnto them in trustiest secret for the generall good are for the most part basely disposed vicious loaden with heinous crimes and nefarious practises vaine audacious which glorie to their owne shame hauing no power nor moderation in hand tongue or heart such as Quintus Curius who communicating with a noble Romane strumpet called Fuluia the treasons of Lucius Catiline wherein he was a vigilant partisan and principall Sergeant himselfe euen in the very forge of their treasonable practises subuerted himselfe with all his complots and complices But it is euident by the example of young Papirius when vpon the importunacie which his mother vsed to learne out of him the Senates seerets that he deuised a ridiculous bait which tempted her with other Ladies verbally to prostitute their shame in the Senate wherein they made manifest their owne intemperance but concerning this being so common and notable I referre them that list to the Historie Of the like nature was Sempronia of whom Salust sayth That it could not be discerned whether she were more prodigall of her owne good fame or of her money Sic enim libidine accensa fuit vt saepiùs viros peteret quam peteretur quae sibi fidem prodiderat creditam abiurauerat For so vehement was the fire of her lust that shee did much more desire mens companies than men did hers who did betray the trust of those that reposed in her and perfidiously deale with those that credited her It is not vnknowne what ciuile calamities in the Realme of Fraunce both amongst the royall brethren and princes thereof happened vpon participation in the great Counsels of that State with the late Queene mother Caterina di Medici daughter to the Duke of Florence and it cannot but be fresh in their remembrance through Christendome by them of this late age because no Commonwealth but hath in some one or other thing suffered extremities when this Cath. as a President to both the Counsels of Fraunce steered the helme of that Commonwealth which shee misguided after her owne lust and pleasure Vpon diuers considerations by that law Salique which king Pharamonde made in his owne patrimonie neere Xantoigne called Salique whereupon that denomination first was women were exempted from many priuiledges And Gaguinus noteth of king Lewis the eleuenth of Fraunce which in his last Testament at his death amongst other things entreated his sonne the good king Charles to commit no councell of trust vnto his mother Charlotte the Duke of Sauoyes daughter which scarcely did liue one whole yeare dowager after her husband peraduenture he doubtfully fantasied that she had vniustly or wickedly dealt with him in his estate or life But I will not insist herein submitting my selfe to them which are the fathers of wisedome and experience and can discreetly tell how with honour and constancie to bridle their affections in such cases hauing by good example of others more power in this vertue to performe than the most wise valiant of mortall men king Salomon and Sampson had before whose prudence and
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
by specious enucleation of all intricate or equiuocall points and cases to be cl◅red explained to the end that all other Iudges or Iustices which exceeded in administration of them might at the first sight with commendable perspicuitie deliuer the faithfull substance of all as occasion was offered for the peoples good hauing digested them into nine Volumes of the Lawes wherin the whole essence of all by those reuerend Law-fathers was most methodically couched For as the difference of all creatures by nature proceedeth from vnitie resembling many flowers sprouting from one roote euen so doe sundrie needfull and most beneuolent Lawes receiue life and nature from the precious wisedom of God the blessed and all-healing fountaine of whose knowledge he with ineffable grace and diuine beneficence openeth to them all that are studious of righteousnesse and in tender loue with respect vnto man being the choise operation of his handes doth retaine him by the due feare and loue of iustice and saluation in eternall tranquilitie The generall benefit calmely and plentifully redounding from those Bookes iudgements reports and Law-cases by the enucleation of those learned law-men as is before expressed includeth the second point Forsomuch as concerneth humane Lawes which are ordained by nature and published by the prince which by them gouerneth the Common-wealth to relieue and rectifie the same they must be iust and possible needfull and profitable plaine prescribed not to priuate but to publike vse and benefit consenting with time and place according to the nature and custome of the Countrey which should be moderated by them such as are our statute-lawes of England Vpon these thus ordained and prouided against faultes a knowledge shewing the difference of crimes and vices dependeth As whether the nature of thē consist in impietie by violation of the first table of Gods lawes through foolish prophanation or derrogation of or from his omnipotent power and maiestie or if it be flagitious and repugnant to the second importing impietie towards parents and magistrates the defamation or contumelies of neighbours the concupiscence and losse of liuelihoods and liues wherevpon parricides and horrible slaughters are bred Towards which legall office or ministerie three speciall things generally would be required in a Iudge the first of which is in his head to retaine a firme and venerable grauitie confirmed in his countenance with some serious kinde of awfull maiestie through his continuall meditation vpon the iust iudgements of God with the charge vpon him imposed which by the diuine gift of heauenly iustice must be fostered in his heart that all proceedings drawne from thence may be seasoned with the grauitie of his cogitations which in excellent discretion will point out to him the time person and place when to whom and where hee should shew iustice naked or inuested with mercie So that by the iustice of of his heart which ministreth wisedome and grauitie to his head and by the seuere and precise prudence of his head which inblazoned in a stedfast countenance a stout maiestie withall and by the comely grace of his countenance which admirably shadoweth all in a decent austeritie there may be due reuerence and feare drawne to the person of a Iudge on euery side about him infusing horror to the malicious and wicked with loue and reuerence to good and iust persons hauing his tong so sanctified and seared with zealous praier and with a liuely cole taken from the blessed Altar by the sacred Cherubine that it may become th' oracle of Gods iustice and the iust herauld of a sincere heart For if grauitie should not appeare in all his iudgements then shall he be suspected of a partiall foolish lentitude which opinion when it is once vulgarly conceiued will preiudice him either in his reputation or in administration of the Lawes This reputation or authoritie likewise is by the first three properties delineated to life the restraint whereof will disaduantage him in his honour which by such demeanor will be blemished with some misprizion or suspect of corruption There is likewise in euery wise Iudge expedient a mature experience in sutes and variances by defect whereof his ignorance deepely woundeth or rather maimeth him Lastly the mindes constancie corroborateth him in the perfection of all declaring that in the whole course of all his iudgements iustice alone without priuate affection preuaileth Neither is it meete but most vnfit that any man should sit on throne of iudgement or giue sentence when his owne cause is heard or discussed least affection vsurpe vpon and defile the tongue of magistracie least the reuerend custome of iudgement be violated least that maiestie whereof I spoke which is meete for the sage tribunall and court of equitie be diminished least a mischieuous example corrupting the people be drawne on with it and finally least a contempt of the Lawes and equitie do succced it Now somewhat concerning that abilitie which strengthneth Iudges and iuridicall magistrates in the administration of publike causes It is therefore principally to be considered that they which sit vpon this honourable throne of iudgement and take place to giue place vnto the due distribution of right and are firmely planted for the sure supplantation of those contageous vices which being but a little licenced would disperse and spread through all parts of the Common-weales most beautifull bodie defiling it with a foule and virulent leprosie stand deeply bound in a double recognisance of soule and bodie to be studious and industrious in the science and iudiciall practise of that wholesome physicke which must be frequently ministred to the diseased members of that State In which their iudgements being credited may be by the Prince allowed and iustified also for if they doe not yeeld euen law and execution of right to all subiects rich and poore without hauing regard to any person and without letting to doe right for any letters or commandement which may come to them from the prince or king or from any other by any other cause then are they by our Lawes thus censured worthily Their bodies lands and goods to rest at the kings pleasure who shall otherwise giue iudgement or sentence of and against them The King himself also which is head and iudge of the Lawes sheweth great goodnesse equitie through the world in shewing his royall assent and contentment that these iudges substituted vnder him shall giue sentence according to the Cannon and true meaning of iustice euen against himselfe directly if he through negligence be driuen vniustly to maintaine any sute with a priuate person which will not beare euen in the ballance of equitie in which that kingly sentence is verified that therein differt a rege Tyrannus for nothing more then this doth to life expresse a true kings glorie The kings of our nation to confirme this perfect honor of a iust prince in one act of Parliament ordained in the second yeere of king Edward the third are limited That although they commaund by their great
which are so free at the first that they bee soone poore and thredbare of vnderstanding before the bruit of their rare pregnancie be well dispersed and those young men were so well instructed from their infancie that they did contend how to bee thought most noble vertuous and fit for places of reputation in their countrey by suppressing many lusts motions commotions and vnperfect passions of the mind with a moderate domination of reason and constancie They were full of modestie full of dutie and full of such religion as then was professed amongst the prophane Gentiles obseruing in all words and deeds a temperat moderation without any deturpation or deformitie And these qualities in those young Romans worthily made them eligible and fit for such great dignities and offices The Lord high Treasurer of England his office is in the Exchequer erected by king William the first for safe custodie of his crown lands and of those records which may concerne them To which Queene Marie ioyned the Surueyors generall the court of Augmentations and reuenewes of the Crowne with the first fruits and tenths of Benefices being erected by that king of good memorie Henrie the eight This office is called Scaccarium of a certaine large square table which according to Geruas of Tilburie cited by M. William Camden hath a chequered cloth brought and spread vpon it in the tearme of Easter as a place or table of iust proportion account or iudgement in all causes respecting the royall treasure or reuenewes where all ciuile causes betwixt the prince and his tenants are indifferently decided Iudges in this court are the Lord high Treasurer of England the Chancelour of the Exchequer the Lord chiefe Baron of that court with other foure Barons assistants the Remembrancer Engrosser Controller Clearkes of the Pleas and of the Pipe-office Auditors with their clearkes Apposer Chamberlaine Clerke of the Streights Marshall Clearke of the Summons deputie Chamberlaines Secondaries to the Remembrancer to the Treasurer and to the Pipe-office Also in the office of receit M. Vice Treasurer Clerkes of the Tally and of the Parchments with diuerse other inferiour officers All which are ordained for the conseruation and amplification of those foresaid reuenewes and of diuers other pecuniarie duties ordinarie and extraordinarie by which the ciuile state of all principalities is necessarily sustained for it is manifest that without the competent force of mony no Commonwealth can hold together absolute in her members And to that purpose was it first deuised when people and nations were necessarily constrained to require supplies and succours out of remote countries by commutation of cōmodities through exportation and importation of them from and to forraine places howbeit the principall exchange is for gold and siluer coyned in little round plates and besantes of greater and lesse value being authorised by the edicts of those princes and Commonweales where they bee stamped and passe currant amongst the people Foure kinds of mettall haue auntiently beene coyned amongst the Romanes one of lead which when it first was deuised exceedeth all records of true memorie as Iust. Lipsius writeth another of brasse or copper which the Romanes therefore called Pecunia quod esset nota pecudis signata of which coynes diuerse vnder the Romanes here in Brittaine as well of copper as yron likewise were stamped according to M. William Camden in his booke of Brittaine antiquities Siluer amongst the Romanes was first coyned Anno ab vrbe cond 484. F. Pictore Qu. Oculeio Coss. The coyne of gold 62 yeares after the siluer C. Claudio Nerone Marco Liuio Salinatore Coss. The beginning and end of coyning was for commerce as by pieces of some value for exchange of other commodities to people of other nations by whose diuers and seuerall stamp◅s the countries with whom they traffiqued were knowne And hence is it that those coynes of mettall are infinite which dependeth vpon two reasons also the first is vpon couetousnesse of people which would abundantly bee serued with things which their minds couet for some needfull vses the second vpon pleasures for which many men seeke for great heapes of money but the want of things desired amongst men is infinite and the choice of pleasures endlesse all which are attained by money The desire of treasure therefore can neuer bee fulfilled according to the saying of Cicero Expetuntur diuitiae cum ad vitae vsus necessarios tum ad perfruendas voluptates Dilectant enim magnifici apparatus vitaeque cultus cum elegantia copia quibus rebus effectum est vt infinita pecuniae cupiditas esset A Treasurers prudent care and whole studie therefore leuelleth at all such honourable meanes and iust occasions as may serue to bring in diuers summes and how to maintaine a continuall haruest of getting to sustaine those infinite burthens of necessarie disbursement how to leuie for the Common-wealth with good discretion and nothing without vrgent cause Vnto which contribution that it may be more liberall and cheerefull is required that the people be generally well affected both towards the prince and vnto that common necessitie which importuneth the same for the better effecting whereof some plausible and effectuall declaration published vnto them by their Soueraigne readily prepareth their hearts moouing in them a more benificent kind of alacritie and therefore it is in such cases most behoofefull Vt omnes intelligant si salui esse velint necessitati esse parendum For beeing persuaded that the generall safetie dependeth thereupon you shall find the couetous readiest to contribute Moreouer it addeth very much vnto the loue of people towards their princes and to their good opinion of his grace and meekenesse vnto them correspondently when he by suit seeketh that which his regall authoritie might exact The respects are great and those necessities important which should vrge a prince to violence in those cases yet a good Soueraigne can neuer haue cause of compulsion For when the king which hath authoritie to constraine vseth a facilitie to persuade it importeth some vehement necessitie Can any priuate Commonweale mount without tributarie wings Or could the firmament of peace be cleere if all clouds had not first beene dispersed with the thunder of warre Are armes exercised without wages Are ships prouided of men victuals and of artillerie without mony How shall officers which be continually busied in ceaselesse seruice for the common securitie haue reliefe without salaries May vertuous or needie persons bee rewarded or succoured without some generall supplies Few be those princes of Christendome so neere as I can iudge whose owne priuat reuenewes are able to supply the publicke charge onely so that the more puissant any prince is in dominion and territorie so much more the common charge doth aggrauate his necessities For this office therefore all honest and needfull meanes of getting are to bee carefully studied and prouided towards the true maintenance whereof it highly benefiteth to forbeare all superfluous damnable and
penurie succeede being a most pestilent feauer or consumption rather to the king and Common-wealth A curious eye with vigilant regard must bee bent vpon the Collectors Receiuers Auditors and other inferior ministers belonging to this office least in exactions or by fraudulent deuises they satisfie there priuate auarice with a kind of extortion or crueltie For auarice is an inordinate lust of hauing whose appetite is infinite whose acquisition immoderate whose possession vnlawfull whereby the prince vndoubtedly may bee brought into daunger It is like that Hydra which Poets talke of that though the stroke of Iustice execute vpon it continually yet will it miraculously reuiue againe it forceth not either the lightening thunder or thunderbolts of the law prouided against it Salust describeth it a beast rauenous cruell and intollerable where it haunteth huge Cities Fields Churches and Houses are laid wast Heauen and Earth prophanely mingled Armies and strong wals cannot restraine the violence thereof It spoileth all mortall people of good Report Modestie Children Nation Parents c. So doth this brightnesse of gold bleare mens outward sences so fuming in their heads and fastened in their hearts that they feare not any mischiefe which can accompanie Lucre. Such wicked vniust and rauenous officers eating the people as bread are to be squeezed like sponges full of water Great caution therefore must be vsed against the violence of officers in such extortion least the prince after some few yeares patience of the people vpon new grieuances become odious which king Henry the eight in the second yeare of his raigne did most politickely prouide in his proceedings against Sir Richard Emson and M. Dudley late inward and of counsell in such cases vnto his sage father king Henry the seuenth By good example of whose punishment others might vpon the like inconueniences suffer For if the people find not redresse vpon their complaints then will they rise as at that time it was feared in open hostilitie which if the blood of those extorting officers can expiate without some humane slaughter sacrificed to tenne hundred scpulchers then is it happie but such generall hurts haue commonly no compensation without a generall confusion The peoples payments ought so to be disposed therefore that all men according to their faculties by due discretion of good and honest sworne officers in euery shire or prouince may take such reasonable dayes and times of payment limited as they may without any grudging or disease contribute heartely Moreouer that such as are in speciall affaires of their prince and for the Commonwealth employed hauing by such occasions largely spent of their owne priuate for the common good as euery good man will in such cases bee for examples sake for the good encouragement of others precisely exempted from all kind of burthens and impositions Also such as haue formerly done much grace and honour to their countries and princes if they be not at that time so high in blood that they may well away with phlebotomie should bee graciously spared according to the French order for all courtiers and seruants attendant vpon the kings person in his house are by the ciuile lawes of Fraunce excepted in time of peace from all collections tallages gabels exactions customes and impositions whatsoeuer which others are tied vnto likewise in the times of warre from any burthen of receiuing quartering and billetting of souldiors Obseruation concerning these collectors and ministers before named dependeth vpon the chusing and displacing of Officers either iust or corrupt First the choice of such ministers is made out of men honest stayed and well approoued for such a purpose bad Officers which did extort or vnlawfully compasse being with losse of their places and possessions punished Dispensation of these tributes and subsidies must bee to the generall and not any particular vse for no man will sticke at a little charges employed to publicke behoofe if it once appeare that the prince doe not consume his treasure in vnnecessarie cost and riot but keepe a moderation with decencie which albeit the vulgar do not generally marke for they respect onely the princes proper faculties and reuenewes which ought to be by the treasurers concealed so much as may bee yet certaine captious and dangerous heads full of quarrels and aduantages such as are of fierie spirits coueting innouation which commonly lead the blind and abused vulgar into dangerous actions will narrowly sift and make a breach into the common peace vnder the pretext of taxes and impositions as hath beene found in certaine commotions in the dayes of king Richard the second and king Henry the sixt with other princes vpon the like occasions Such gettings therfore as proceed from the subiects beneuolence must bee sparingly spent and husbanded and so should the Treasurers beare themselues in that Office as stewards of other mens goods and not of their owne That most prudent and worthy Lord Treasurer William Cecill goodly well approued ouer all causes and in all businesse either publike or priuate during the late and most deare mirrour of good gouernment Queene Elizabeth of most renowmed and euerliuing memorie did leaue behind him a liuely patterne and precedent of his singular care and excellent wisedome to the great encrease of that stocke committed then to his charge as may serue euerlastingly to them which yet are or euer may be credited with that office to get and maintaine eternall reputation The generall good opinion and report of him after his death in the mouths of all good men may stirre vp his successours in that place truely to resemble his vertues and integritie The treasure therefore may not bee wilfully wasted or exhausted for satisfaction of any prince in his priuate prodigalitie Vera enim simplex via est magnitudinem animi in addendo non demendo reipublica ostendere For persons of lauish humours and exorbitate affections thinke not that there is any true fruition of treasure without profusion Diue deepe therefore into the bottomelesse danger thereof by manifold and most manifest example and obseruation as in Archigallo king of the Brittaines who was deposed by the people for his extortion after hee had raigned fiue yeares and then vpon his reformation restored And amongst diuers vnaduised princes consider that it was not the least cause of decay to Edward of Carnaruan king of England when hee by such meanes lost the loue of his commons by listening vnto flatterers and wilfully robbed himselfe of the fealtie of his nobles which opened his sepulchre for other matters more securely Men of such profuse qualitie which extort much as if they could not keepe any thing but that which is taken with a violent extortion are in themselues miserably poore From hence likewise brauncheth another speciall rule of moderation that no leuies surmount the princes occasions for if it tend not to the subiects great benefit being very necessarily dispensed it dishonoureth any Soueraigne to straine them in so small a matter And such
impositions must also be sildome that the people grow not wearie with them being fashioned more or lesse according to their plentie or pouertie for such princes are haunted with the furies of a lamentable infamie whose treasuries deuour the subiects labours and neuer rest satisfied with bloodie booties Wee may reade likewise in the French Chronicles that those impositions which Philip le beau and Charles the fift kings of that realme had set vpon the wines and salt caused the men of Gascoyne and others in the dayes of Henry the second king of Fraunce to rebell which was a great preiudice and danger vnto that state albeit now by custome a speciall part of that crownes reuenewes at which no man by reason of the long continuance in these latter times repineth but willingly submitteth himselfe to the burthen dependeth vpon them and the like Monopolies Good princes also will take heed of that pernicious desire which in prosperitie filleth vp the still gaping mouths and purses of parasiticall flatterers and temporizing Sycophants howbeit some liued in the late raigne of good Queene Elizabeth which abusing her high grace extended towards them out of her meere royall nature compassed such things as were both preiudicall to her reputation and to the Commonwealth in some sort such persons as these cannot be truely called seruants but vnto their owne intollerable affections neither will I giue instance of them namely being so generally knowne and fresh in our memories as also for many more reasons of modestie which inhibite it It is therefore most certaine that all newly denised monopolies vsurping vpon the subiects trades and trauels are odious and commonly daungerous such as amongst other Vespasian tooke of Vryne who because his sonne Titus seemed to mislike therof told him that though the subiect was vnsauourie yet the accident was sweet And what a beastly Monopolie or monthly tribute is that which is at this day taken into the Popes treasuries in Rome and at Bologna from those curtisans and whores which by profession prostitute their bodies for gaine Which the very Gentils and Atheists as Lampridius writeth in his Histories did prohibite That any tributes issuing from harlots or bauds should bee receiued into the sacred Treasuries but reserued in another place for the disposition of the Ediles Curules towards the furnishing and setting forth of publicke playes and showes as also to the reparation and mending of bridges ports and high wayes for the cities Commonwealth Likewise wee find that Alexander Seuerus taxed all sorts of artificers drapers glasiers skinners masons plasterers shoomakers with such like in a moderate order the Romane Empire being then growne vp to that height which could not easily permit insurrection or mutinies Onely this according truely with the state of princes in such cases Vectigal optimum est parsimonia for by beeing frugall of his owne he winneth the loue and fauor of his people in sparing of them Claudius Nero thought his tyrannies and oppressions of the people had purchased him a generall and mortall hatred amongst them yet deuised this one way Quasi pulcherrimum donum generi mortalium daturus to free the Romanes during his time from all tributes and thereby to wash out of the peoples remembrance all infamous notes of his owne misgouernment howbeit the Senate told him That it would be the subuersion of his state in posterity that those fruits by which the imperiall state was sustained should bee taken away And certaine it is if there bee many Monopolies in the Common-wealth that diuers good princes will either remit or diminish them which Charles the eight of Fraunce as Lupanus writeth had done but that death otherwise preuented his beneficence Howbeit in all affaires concerning the conseruation or amplification of any Commonwealth Regis Aerarium est aerarium populi aerarium populi mutuò regis est aerarium And therefore when little or no publicke cause of exhaustion impendeth frugalitie most honoreth a prince by keeping a due proportion betwixt the treasure got and his disbursements according to the square of necessitie In leuying of Subsidies it must be specially respected that equalitie without any partiall or affectionate passion in the collectors and officers bee precisely respected that the contribution of Cities Societies and Husbandmen according to their lands and reuenewes bee measured with indifferent paritie for my selfe haue sometimes heard the mutterings and grudgings of diuers people which though they most willingly would exhibite yet did they repine at their vnequall taxation saying That they were so much the more assessed than others by how much the lesse they were rated in the Subsidie bookes Such must therefore be chosen as will not either in malice or fauour oppresse or succour For being ordinarily vexed at inequalitie the people naturally will grow malicious measuring their losses with other mens gaines And hence is it that a more diligent circumspection is required in them which haue that charge in hand Moreouer it helpeth the common policie to know perfectly the differences of patrimonies dignities ages and offices with all arts and professions of persons remaining vpon record By which order according to precise iudgement and discretion all tributes are by due proportion leuied and people assessed It behooueth them therefore in their priuat consciences first to compare their own particular estates together with the Commonwealth in all equitie appointing cōmissioners as censors which can discerne and take notice of the peoples off-spring ages families and substance euery third or fift yere For some of them may remoue their dwellings others may die diuerse also may encrease or decrease during that space in goods or possessions by which knowledge had of peoples ages and abilities they may bee chosen either for militarie seruices or enioyned to burthens in the common cause of their country when occasion shal opportunely require Thus much concerning the charge and conditions of Treasurers It followeth now that I declare how far according to the sagest and best approued writers a prince should extend his arme in the fruition or dispēsation of these benefits It is very commendable in a prince to be reputed liberall which some curious and cunning writers would haue out of the purses of others so that his owne hampers be not diminished for it is intended that how much more the common necessitie doth import so much more patience and alacritie should appeare in the people frankely to contribute towards the conseruation and encouragement of that peace by which they were enriched Hee may not make the people fearefull of his liberalitie with grieuous and vnneedfull impositions but onely sparing his owne vsing their beneuolences to their generall comfort with a couetous kind of liberalitie which beeing with good cunning and discretion exercised the people will with all honour to the prince embrace it louingly for he which is vertuously liberall according to strict conscience shall neuer bee commended nor honoured for it because that is not vulgarly tearmed liberalitie
or secretly tooke from others to supply the same which hath beene the demolition and confusion of many noble families and persons lately great in worldly reputation others in a priuate want purchased by their owne intollerable profusion haue perished in their pestilent practises tending to the common spoyle for satisfaction of their insatiable appetites Semper etenim in ciuitate quâ—…us opes nullae sunt bonis inuident malos extollunt vetera odere noua exoptant inopia suarum rerum mutari omnia student This profusion therefore next to the vice of gluttonous surfeit ought principally to bee restrained by wise and moderate princes and noblemen for it drayneth their treasure enfeebling that true heroicall spirit of their minds either adding to their pride vnto which people commonly that delight in such gay things are most subiect or mollifying and deprauing their liberall natures and conditions with lust and ouer-delicat effeminacie But thus much in breefe as I could expressing the adiuncts and members of Temperance and of her opposites subalternately respecting the purse now somewhat concerning the beneficence and liberalitie which befitteth potentates It is not thought fit that princes should precisely stand at vtterance with true liberalitie beeing of it selfe meerely vertuous but that they shunne a generall largesse or profusion rather which most Kings affect most in the beginning of their reignes considering that there are many whose seruices hauing long expected recompence which should bee seasoned and encouraged in their faithfulnesse and honesties with some secret taste of royall Munificence This consideration in some proceedeth out of a magnificent heart most liberally garnished with true vertues and in others from ambition and a vaineglorious desire of somewhat more than ordinarie cunningly couched in their owne heads Princes therefore shall so much or more bee warned and take heede of this excesse then of auarice after a sort least by such bestowing the force of beneficence be deminished according to Cicero Stultum est quod libentèr facias curare vt id diutiùs facere non possis For how can a man properly tearme that a benefite bestowed which is a meere malifice to the bestower and hence is that Prouerbe of Hunius fitted to this purpose Benefacta malelocata malefacta arbitror Yet if God haue so prouided that a Prince must surely fall into the choise of those two damnable extreames both which all Princes should hold detestable as snakes of the two mischiefes I would hee rather did encline to couetise for wealth giueth some shaddow to shame albeit our wise men and all Philosophers consent that it is dishonestie but after rapacitie which is engendered out of the putrifaction of prodigalitie ragged infamie doth attend with an almes basket Neither is it entended that princes should tie such a Gordian knot vpon their purse as nothing may without Alexanders resolution and necessitie loose the same but that they may with moderation and vpon good cause exceede rather in liberalitie which the seldomer vsed may be the richer when it happeneth and if it come often then so much the shorter and sweeter There is another fashion of Liberalitie peculiar to princes which may bee tearmed a beneficence and this braunch of vertue graffed is in the â—…ry top of iustice for in all Common-weales of the soundest institution there are alwayes some capitall crimes and forfeitures out of the which a wise prince in his iustice may by good discretion very commendably giue a pleasing tast of his liberalitie to persons vertuous and of desert according to their qualities that good men may liue by the fall of euill members and not that bad people may be made worse by the spoyles of honest men vnto whome the dignities and possessions of such as are worthely rooted out for their wickednesse may be collated By which kind of beneficence he greatly magnifieth himselfe First in beeing honoured for his iustice against offendours secondly by preferring persons noted for their worthinesse thirdly with his care had of the Commonwealth which hee ciuilizeth and secureth by the extirpation of such malefactors fourthly through giuing heart and courage to men of qualitie so to demeine themselues by profitable studies and vertuous liuing that they may stand in the like grace fifthly by taking away from the people all opinion of couetousnesse in himselfe when hee reserueth not any benefite to his priuate vse but is seene to doe it in iustice without any desire of hauing Lastly by not extenuating his proper faculties in such bestowing Thus shall others bee satisfied his owne power strengthened and his priuate treasure spared Which kind of beneficence king Henry the eight vsed when the Chaunteries and religious houses to the value of two hundred pounds yearely and vnder with all lands and goods belonging them were by Parliament graunted vnto him in the seuen and twentieth yeare of his raigne by bestowing those lands vpon the speciall gentlemen in euery Shire where they were dissolued more manifesting a good conscience than any couetousnesse in the cause And hence was it that the commotions in Lincolne Shire Yorke Shire and in other parts of this Realme vnder the colour of a dislike vpon a new size of Subsidie to be leuied were so quickly quieted by the gentlemen principall heads in those disturbed parts whose very countenance amated the seditious commons which once and againe stirred to disturbance and subuersion of the present quiet beeing as it was thought first kindled at the fire which M. Thomas Cromwell then Lord priuie Seale and Vicegerent generall of the Spiritualties brought with him to make desolate those houses and all other Abbeyes which were soone after dissolued For Treasures of princes noble men and priuate persons by their gifts to gaine a good opinion amongst good men of their true liberalitie these three cautions are required First a respect vnto the time secondly to the quantitie thirdly to the person when how much and vpon whome they will bestow the time limitted when it may stand them in most steed which bee rewarded not preiudicing others to maintaine the same according to the saying of Cicero Ab hoc genere largitionis vt alijs detur alijs auferatur aberunt ij qui rempub tuebuntur As in graunting of Monopolies to the pleasuring of some one man by the preiudicing of a multitude which is very dangerous as also when one rich marchant is suffered to ingrosse some one whole commoditie into his owne hands As it is written of a craftie Sycilian who with money that was none of his owne but lent vnto him as in trust to bee restored vpon demaund bought all the yron out of the yronmongers shops in Syracusae and when marchants had from diuers places repaired to that citie this Ingrosser furnished them with that commoditie not greatly raising the price thereof yet so that for the disbursement of fiftie talents hee gayned an hundred which was a double vse for a Talent Atticke amounted to sixe hundred crownes in so much as by
serue the mature expedition of all causes committed to the administration therof so that Election being as it were a franke action of the mind which in choice of gâ—…things accepteth the best and in doubtfull euils auoideth the worse wholly belongeth the prince Likewise noble industrie being a ceaselesse and sincere cogitation and ment all lucubration for the iust and inuiolable honour of his Prince and of the Commonwealth is the true cognisance of a good Counsellor and these two qualities in them both are apparant and true tokens of both their wisedomes The worthiest choice that a Prince can make for such a Senate is out of the true nobilitie which vnder him should gouerne and amplifie the Commonwealth I meane principally those that are notable and approoued for their vertues and honour encountering neerely with the dignities of their blood and families such as flie not into the palaces of a Commonwealth by the casements of their couetise with the lazie wings of their wealth but enter the triumphant port of honour marshalled by their conspicuous vertues Very noble was that sacred institution of S. Louis and Charles the fifth French kings which by their speciall edicts cautioned that in their dominions no magistracies or Offices might bee sold and bought but frankely bestowed vpon prudent learned continent and honest persons to the best of their good fame and skill respectiuely for such dinundation of dignities as Heliog abalus and Vespasian vsed and which was by the iust Emperour Alexander Seuerus refused is most corrupt odious and pestilent in any Commonwealth according to M. Bodin in his booke of Commonwealth In omni genere ciuitatum tarpissima ac perniciosissima honorum ac praemiorum quae virtuti debentur mercatura In all sorts of cities the marchandize of honours and rewards which are due to vertue is most foule and pernicious For what more dishonour in any state can bee found than when honours and dignities are vnworthily distributed Iacet etenim sordescit reipub gloria cum indignis honores tribuuntur For the glory of euery such Commonwealth where honours are vnworthily distributed is throwne downe and defaced Such vertuous and worthie Counsellors therefore by the princes sacred discretion as it is in his Maiesties Realmes of England and Scotland may be chosen out of those Principalities or Prouinces which bow to his scepter For if wise men of approoued goodnesse and sufficiencie for that place find themselues and all of their nation exempted from this honourable societie it is vnspeakeable how contemptuously they will stomacke it thinking not without some ground that they be not respected but suspected And from hence though by misprizion they smolther vp their rancour for a season yet hauing attained some maturitie malice dangerous and odious conspiracies and machinations with inductions of forren princes breake forth imediately raising rebellions and arming subiects against their naturall Soueraignes Ex rebus namque leuissimis discordiae saepè nascuntur quae velut scintillae slammas excitant ac postremò bellorum ciuilium Maxima incendia totam rempub peruadunt For out of most weake beginnings are discords many times bred which euen as little sparkles breake out into flames so that in conclusion the greatest fires of ciuile warres take hold of the whole Commonwealth And therefore it is held for a certaine truth That nothing so soone moueth discord as too much partiall distribution of rewards and honours A prince therefore beeing assisted with Counsellors chosen out of his owne kingdomes may better and more commodiously prouide against any future calamities My iudgement is slender but it may be thought how some discontentment vpon this ground added to the fedicious fire in Ireland when those stubborne rebels formerly withstood the proceedings of our late Soueraigne and her Deputies with the Counsell established iâ—… that realme No persons though most prudent for this is a sure and infallible position being priuately discontented and ambitious may safely be chosen into the fellowship of any princes priuat Counsell but the guides and ringleaders of those Irish rebels were alwaies knowne to be discontented inwardly disturbed and ambitious therefore the state was well handled in that point To conclude vpon this therefore a prince without great impediments and principall remedies medicining that daunger may not make choice of his secret Counsellors out of one kingdome onely if hee retaine more principalities than one because in bestowing all fauour or the greatest part thereof vpon one peculiar people they grow so proud that their astociates neighbouring them stirred vp with indignation and despiteously repining thereat with generall maledictions crosse their proceedings by which meanes commouing sedicious cauils and quarrels against them they sometimes vnder that abhominable pretext may make a way to diuest their liege Soueraignes and it hath euer more beene obserued that the like cases are most desperate ending in much blood and crueltie This is also most certaine that a better choice may be found amongst many good than out of a bad multitude When they therefore which are vertuously affected see their prince like a true patrone or parent rather to studie their generall honour so much the more readie will they be to make good remonstrance of their duties and honesties being a principall meane to draw the worthiest of their Nobles and others to Philosophicall and needfull arts and studies Neither may this choice bee made out of his owne house or court onely but by diligent inquisition he may learne which are best and most excellent in all prouinces them vnder some other pretence the prince may send for hauing their expences in iourney beneuolently defrayed and according to their sufficiencie for that place proceede in Election By which kind of inquisition the Soueraigne may come to sure knowledge of all the most excellent and worthy persons in his realmes Such as are not chosen of them that were approued for peraduenture some one or two may supplie the defect in that Counsell must be with meeknesse affabilitie beneficence great commendation for their vertues and royall encouragement to perseuerance in the same dismissed Heerein also deliberation is very requisite a free pardon and prouision therefore for their securitie should be graunted and proclaimed as was the auncient custome against the kings of Egypt after their deaths according to Diodorus which in open accusation either by word or writing can make proofe of their notable vnworthinesse for that Office and if any man scandalously lay some notable crimes vnto their charge which cannot be prooued hee which so maliciously woundeth any good mans fame deserueth in all rigour to bee seuerely punished Those accusations which are exhibited against any of them must bee willingly and graciously receiued heard and remitted if it bee requisite to iust inquisition and iudgement This auncient custome was obserued amongst the Romanes in election of their magistrates by which their Common-wealth gallantly flourished and when that course declined their State so much inclined that
it was miserable and ruinous in short tiâ—…e Not much vnlike was that of king Philip Valoys called Le Beau who published an Edict That euerie third yeare inquisition should bee made into the manners state and behauiour of the secret Counsellors administrng in the French state In this forme of triall therefore great iudgement and good heed must bee had to those accusations so preferred which sometimes like pilles haue their bitternesse fairely gilt and shaddowed as hath beene manifoldly seene by good experience heretofore In which case the Prince imitateth S. Thomas not crediting further than his eyes and hands haue seene and felt For honours and Offices are either bestowed vpon men for desert for fauour or in respect of their power He which in this choice hath inspexion onely to the first sheweth wisedome and vertue but they that simply standvpon power and fauour differ little from the touch of tyrannie A fit Counsellor therefore a little after his election should haue adoption by the prince into that societie before his noble and immediate ministers of Iustice where to him must bee shewed that for his wisedome and honest parts and in regard of the peoples good opinion attesting his sufficiencie choice was made of him which good fame if he would cherish the glorie should in speciall redound vnto himselfe whereas otherwise the neglect thereof would disgrace and deiect him proposing rewards and punishments suting with his demeanour by which course the people will be well satisfied the Counsellor tied to care how this honour may be with answerable dutie retained and to knit vp the couenant his oath being as Cicero tearmeth it a religious affirmation must bee ministred vnto him in presence which will summon his conscience to warie circumspection and faithfulnesse in that Office arming him with honest constancie when partiall respect of blood or friendship shall chalenge him vpon vniust tearmes by which means he may take honourable exceptions against them And hence is it that Salust sayth How Counsellors should in their difficult consultations set apart all hatred friendship wrath and mercie Haud etenim facile vera prouidet animus vbi illa officiunt neque quisquam omnium libidini simùl vsui paruit For hardly can the mind foresee the truth where those offend neither did euer any man become subiect at once to his lust and commoditie And to make it the surer an oath is most auaileable with honest and ingenuous consciences and natures which Cicero likewise addeth to the charge of a magistrate Neque contra rempub neque contra iusiurandum ac fidem amici sui causa vir bonus faciet nec si Iudex quidem erit de ipso amico A good man will not enter into any action either against the Commonwealth or contrarie to his oath for any respect of friendship no though he were the Iudge in his friends cause For euery noble magistrat which respecteth honour will onely doe those things Quae salua fide facere possit Nullum etenim vinculum ad astringendam fidemiure inrando maiores arctius esse voluerunt For our Elders were of opinion that there could not bee deuised any firmer bond to retaine a mans faith than his solemne oath If Princes therefore will hold this course in planting Counsellors many very noble persons by birth will with vertuous studies furnish and enable themselues for those Offices and suppose they beeing licenciously nuzzled in delicate effeminacie corrupt their natures with pestilent sluggishnesse yet will other ingenuous spirits not so pampered and assotted with sensualities in their education naturally contend to become absolute and with some experience and practise prooue planets of happinesse to the Commonwealth where they minister In my iudgement that was a very strange and politicke prouision of former times in Fraunce which did so worke in the phantasticall spirits of those Noblemen For Vincentius Lupanus noteth That they did abhorre as a qualitie base barbarous and disgracefull that their gentlemen of the most liberall birth and nature should bee learned in the liberall Sciences and in Philosophie prouiding onely that their education should tend to good skill in horsemanship in hunting and in the practise of armes In which opinion it seemeth to mee that they were formerly confirmed and animated by the kings of that realme vpon very prudent respects howbeit I could neuer read it written in any booke neither haue I receiued it from the mouth of any mans opinion what cause might induce them to that kind of stupiditie But vnder pardon I deeme that they being of a fierie stirring and haughtie stomacke as the noble natures of that Nation hath beene many times by many wise obseruers noted and being rooted or implanted rather to the ciuile factions of diuerse Dukes and pettie princes through blood and alliance oppositely combined against some kings and others of those prouinces it hath beene a kind of foolish caball tending to the preseruation of that State and taught vnto them for the priuation of their rationall and intellectuall knowledge which otherwise through their sedicious complots and deuices such as haue alwayes beene plentifull amongst them they might haue coyned out of the noble mint of hystories and other politike discourses and therewithall endangered the publicke state For certaine it is that by the goodnesse of God and the naturall benefit of that climate vnder which they liue those noble men of Fraunce are docile ingenuous apprehensiue variable rash and for the most part fitter for alteration than confirmation of great affaires Howbeit in the flourishing age of king Frauncis the first some threescore and ten yeares past at what time God graciously visited the most parts of Christendome with his spirit of all true knowledge and literature when the most comfortable beames of his blessed sonne our Sauiour Christ his Gospell after a long and infernall eclipse of ignorance beautifully brast out and was dispersed amongst the poore leane and hunger-starued sheepe of his pasture as well with vs in these Realmes as with them and in Germanie euen then did the French Nobilitie take it as their highest honour and a true type of perfect glorie to bee learned in all vertuous contemplation and studies that therein also which so much surreacheth momentanie fortunes they might like as many starres surmount and be discerned from the vulgar shâ—…ddowes So that vnto men enriched with those noble qualities the prince vertuously studying to glorifie the state of that flourishing kingdome diuolued the great and noblest Maiesties Offices and Magistracies of his state whereof the number is infinite vnto such as were learned and vertuous Sola namque virtus vera Nobilitas est For very Nobilitie is composed of vertue onely And certaine is it found in all kingdomes That if the Prince delight in hunting Poetrie Musicke Armes Astrologie c. not onely those neerest him in court but the vulgar will fashion themselues according to their abilities vnto such studies and pleasures And if hee take comfort
foure Counsels besides the Senate and gentlemen of that state The first called Consilio de Saui which prudently deliberate and deale in all the land causes the second in like sort called Consilio de Saui appertaining the Admiraltie Consilio de deci Consilio de setti Vpon which last seuen the whole burthen of that Commonwealth and of the Seignories thereof is amply reposed Like vnto which sometimes we reade how the state of Sparta was or if a Democracie like the present state of Swizzerland or if the gouernment thereof be referred to the King and to his Nobles as now in Denmarke and in other ages at Rome when the kings raigned vntill the Tarquines or to the King and to his Commons as in Persia or to the Nobles and people together as at Rome after their Kings were cried downe at Athens once and at this day in Florence Siene with other free states of Italie or to the King with his nobles and people respectiuely as is common in Germany Poleland Arragon When he hath entred into such knowledge then is it fit that he consider by the diseases and by the causes procuring them which forme is good and which bad for if this life which I tearme to bee the forme of gouernment bee sicke or diseased it is required that the Counsellor should play the part of a wise Physition by purgations diets vomites bloud-lettings or other remedies to medicine and rectifie the state of that bodie where such policie laboureth After such notes let him measure by what seuerall formes these or any such principalities were conserued and lost by what lawes and magistrates they were and must bee succoured in troublesome times If hee bee wanting herein how shall hee giue aduice vnto the Prince or State in any troublesome or difficult seasons towards the cure of any desperate diseases or wounds happening vnto the Common-wealth Or without this knowledge how shall hee direct him in his behauiour towards friends confederates enemies or others for their benefite or annoyance Hee should in like case haue perfect knowledge in the plots heads and grounds of all sedicions and troubles with the wayes to suppresse them whether the Prince his force bee knit vp in bagges or locked vp in the peoples hearts what and how many wayes may bee found with honest colour to breake peace against him that neuer gaue occasion thereof whether it bee more meere that Princes encounter their enemies without their owne territories or expect them in campe at home All which is taught by the iudicious reading of Hystories In this my Counsellor I would require much readinesse and quicknesse of wit for moderate sharpenesse and dexteritie compose the heads bodies and fect of all good actions That light therefore which beautifieth euerie noble and excellent wit must be diuine singular and vnusuall Howbeit a politicall wit if I may so tearme it Quasinatum ad congregationem societatem As instituted to congregate and advnâ—… people as Freigius defineth the same most excellently magnifieth a Counsellor for thereby doth hee referre all things vnto the common societie to the coniunction vnion or collection of people and companies reforming and wisely preuenting all ciuile and dangerous distractions and diuisions amongst the multitude This is that wit which euery gentleman that purposeth to trauaile into forraine countries ought to be possessed of and without it Caelum non animum mutat He changeth his nation and not his condition Because it teacheth him the formes constitutions augmentations diminutions mutations lawes religions rites and iudgements of those nations where he soiourneth It is the true guide and sweet companion of iourneyes and peregrination according to the saying of Socrates in Xenophon Generosumest omnifauore dignum ingenium cui sunt cordi disciplinae politicae That wit is generous and deserueth all fauour which taketh delight in politicall discipline The apparant tokens properties of such a wit are when in answering they seeme prompt sound short in apprehension quicke iudicious attentiue in teaching methodicall and luculent in ieasting pleasant and circumspect in serious matters diligent warie likewise in the whole course of his owne nature so carefull as he may make effectuall tokens appeare of his great loue respect of vertue Moreouer a noble wit neuer walketh in wayes vulgarly frequented neuer speaketh after the vulgar fashion neuer is mercinarie neuer abruptly breaketh off a period but doth all things with exceeding decencie No man which is verely worthied in regard of his wit that taketh any delight in base and common matters sayth Seneca Et magna quae sunt ingenia aegrè serunt iniuriam Mightie wits cannot easily brooke iniuries according to Salust Other garbes and attributes are likewise obserued in these wits as in the entertainement which proceedeth from such ingenuous persons being performed with a liberall and most cheerefull courtesie and sweetly seasoned with a gracious and plausible discourse Such a wit turneth and looketh into good and euill embracing and extolling the one rebuking and eschewing the other by good discretion not fearing malice or offence All actions flourishing out of it are cheerefull and perfected with a commendable spirit working alwayes in meditation contemplation comprehension and as it were a palpitation of all things exercised in much reading conference and societie with people of all conditions and humors busied in knowledge of matters past present and to come studying to be generally wel skilled in all laudable arts neuer slouthfull neuer wearie triumphing in many labours vexations and troubles Quippè secundaeres sapientum animos fatigunt Such a wit should seeme was in Scipio Africanus whose businesse seemed most great when his action was least Nec vnquam minus solus fuit quam cum solus esset Prudentissimus etenim quisque maximè negotiosus est Neither was he euer lesse at leisure than when he was alone in priuat For euery man which is most prudent is least at leisure And hence is this in Salust Non enim votis nec supplicijs multebribus auxilia deorum comparantur sed vigilando agendo benè consulendo prosperè omnia cedunt For God doth not send his succours to men onely because they doe with a broken spirit obserue strict vowes and make prayers but hee doth admit a generall good successe to them that are vigilant industrious and verely prudent Such wits sweetly flourish in youth and plentifully fructifie resembling as Plato compareth it a fruitfull meddow They bee the grounds of all knowledge being studiously tilled and manured with liberall arts and morall philosophie for as great burthens which cannot be lifted by the strength of many men vnited will bee with one engine easily mooued and turned so wit will sometimes effect which other helpes cannot I doe not meane in this place of subtile and fierie wits which are more fit for innouation than administration of matters prone vnto rebellious and sedicious factions which Salust luculently describeth in the person
Proheme of his Hystories doth affirme Will teach vs what ought to be the principall scope of our desires and detestations This which summoneth all creatures of all countries and fashions as to a generall muster imitating his diuine prouidence which in heauenly iustice and bountie bestoweth vpon euerie man according to demerit all vertuous actions are eternized by the penne of Hystorie so farre doth it surpasse the sage counsels and golden sentences of our forefathers and former Philosophers as times continuance comprehendeth more examples than one mans age This is it which maketh young mens iudgements of parill ripenesse with old age grounding aged persons in the depth of wisedome to whome long experience hath alreadie ministered a dayly triall of causes It maketh priuate men fit for Empire and Emperours earnest in vertue for victories heartening souldiours to giue a courageous charge vpon perils for honour of their countries terrifying malefactors propagating Soueraignetie by good example deuising lawes inuenting arts preferring vertuous actions enfranchised from mortalitie declaring it selfe a memorable and perfect marble-register of misdeedes and generally beneuolent This is it which aged time onely nourisheth when it eateth vp all things besides this is the patterne of eloquence the true mirrour of Philosophie the garden of knowledge and hence is it that Aristotle in his Politickes writeth how the skill of actions and Histories of deedes done most import a Counsellor to learne because things future are like their parent which came before them vpon which all euents of actions commonly depend Hee therefore which in noble Hystorie shall contemplate and meditate vpon the life of a good Prince or Counsellor may find somewhat alwayes worth his own obseruation and practise according to that saying of Seneca Aliquis vir bonus elegendus est nobis ac semper ante oculos habendus vt sic viuamus tanquam illo spectanti omnia faciamus tanquam illo videnti We must propose some one good man for our patterne and alwayes looke vpon him with the eyes of our mind that wee may so liue as if hee were looking vpon vs and so deale as if all our actions were performed in his sight Let a souldiour liue fortie yeares in seruice great and of continuall commaund as great Alexander and Caius Caesar escape in many conflicts as Anniball and Cato receiue so many wounds as Scipio and Scaeua triumph in so many victories subuert so many cities deuise so many stratagemes consult vpon so many leagues and truces enterparley with so many princes spending the full glasse of his time during those yeeres in magnificent actions and noble consultations onely like Cirus Themistocles Epaminondas Cimon Fabius Pelopidas and infinite others auncient and late yet shall one moneths reading in Liuie Plutarch Diodorus Thucydides Polybius Xenophon Dion and some few more which haue eternally recorded all the memorable actions and vertues of them all open more vnto him without bloudshead if hee will studiously conferre and reasonably remember than euer the seruice of many more yeeres with the slaughters of Myriads of souldiors could expresse The knowledge of all persons the meaning of all matters the depth of all secrets is locked vp in Hystorie In it wee find that inestimable treasure of the Lawes by which Commonweales were first ordered and instituted in the sentences of sage and prudent men confirming societies in peace and magnifying them by vertues like Physicke which is an hystoricall commemoration or rapsodie of experiments made by Physitions of old by whose Aphorismes and Precepts our Physitions direct their iudgements and medicines it is a methodicall Schoole-master of humane life examplifying the fashions and natures of people a certaine experience of their actions a sound and prudent Counsellor in difficult affaires The cruelties and exceeding lust of Domitian and of Nero which may be read in Tacitus hath power to terrifie princes from those vices which are recorded of them when also they peruse the lamentable stories of Caligula that Fax fex hominum That fire-brand and filth of men When they reuolue the monstrous obscoenities of Heliogabalus who was amongst the people a Cannon by word scorne and obloquie when they shall looke into the leaues of Maximus his life than whom no man was a more cruell slaughter man of his countrey finding what horrible epethites denominations and attributes were worthely throwne or as it were spit into the blacke legend of his bloudie gouernment being called in diuers places Busyris Phalar is Typhon what better precedent can remaine in detestation of vice Contrariwise the blessed and peaceable reigne of Octauian the goodnesse and gracious condition of Traian of Pertinax of Titus and some others are vehement prouocations to confirme and encourage Princes in iustice and honestie For euen as women which curiously fashion and attire their heads and bodies by their glasse which representeth vnto them all vndecent and comely guizes will presently shew themselues abroad amongst the people finding their bodies by that myrrour pleasingly garnished so Princes by the like resemblance find in the glasse of hystories that which giueth spurs to their vertues and policie The case is lamentable and I haue many times with heauinesse thought it how few be the Chronologiers and Historians of our age how doubtfull and vnfaithfull much of their matter how fearefully and vainly seduced by misprizion and affection Sure I am that infinite actions remaine worthie the penne of hystories nay that which men write of their own princes and nation tendeth lesse to truth than vnto vaine-glorie but that which is written by men of forraine princes people such as Mercury Gallobelgicus falsely proclaimed in his Annales of the world is both vncertaine fallacious and strongly sauouring of malice blind zeale and partiall motions of the mind Whereas if men would faithfully search out by the true records and memorials of realmes and Commonweales the vertuous and vicious actions of princes and people how would it instigate and deterre the well and ill affected rulers and commons of the world to take hold and detestation of goodnes euill In reading of them therefore we must carefully quote the map of actions with the times places the causes executions and euents of things wherein some did prosper and others perish with the reasons why those were gracious and these vnwelcome If any glorious matter happened whether it came by chaunce or felicitie by vertue or good counsell what impediments in contrarie did cause it miscarry A Counsellor should also consider by this knowledge what alterations haue formerly beene as in the realmes of England Scotland Fraunce Ireland Spaine Denmarke Italy with other Nations what Families possessed the Crownes of them and by what titles and meanes how long what the causes of those mutations were how many of euery familie did reigne which of the princes was most religious valiant wise and fortunate which not how many battailes euery prince fought against whom at what time where and vpon what occasion what warres
for onely by that grace the countenance which is the exterior pulchritude of this head is made cheerefull as saith Salomon by this the heart receiueth vigor and courage the liuer a long life the lights which are indeed the very lights of this politicke bodie receiue illumination and power for out of the mouths of very babes and sucklings the strength thereof shall be deliuered as it was by little Daniell By this the hands are made strong and the fingers ◅ght to breake a bow of steele this couereth the bodie with fatnesse girdeth the loynes with gladnesse and poureth marrow into the bones lastly this maketh the feete of that bodie like Harts feete swift and liuely for transportation and inuection of all commodities and earthly blessings making the whole bodie strong and lustie like an Eagle This is the consummation and perfection of all the first and last of Gods blessings in euery kingdome to preserue the soule being the true religion spotlesse and without schismes or heresies so neere as the princes wisedome can Which your sacred Maiesty to the most high pleasure of God to the Commonweale of his Church and to the vnspeakable comfort of your people haue done in your royall edicts and prouisions against the Papists and Puritanes within your realmes and dominions Without this zeale and studious worship of God we well know that all the mentall faculties which are guided by the light of naturall reason with all the vertues intellectuall and spirit of liuing are all of them mortified in man And therefore your Maiesties sanctitie and pietie shineth amongst the members of this bodie which are set to continuall care and diligence how to keepe a cleane soule within a sound bodie against the time when our annoynted Sauiour and shepheard shall call the kings of this earth which are his Officers vnder him to bring in their flockes then in the first ranke shall your Grace being one of his best stewards deliuer vp out of your two faire sheepefolds Brittaine and Ireland the fairest and goodliest troupe in obedience and number with cleere white fleeces of pure wooll sound and entire before the blessed Lambe immaculate that your Highnesse may with thē receiue the wages of eternall life before the most high and euer-liuing God which great audite how soone it will bee summoned and how suddaine since it is hidden in that vnreuealeable booke of Gods incomprehensible mysteries from humane knowledge it behooueth all princes that they haue their accounts readie least they beeing taken vnprouided bee cast out with the wicked and reprobate sheepheards of Israell Since therefore God hath preuented your Grace with the blessings of goodnesse and hath set a crowne of pure gold vpon your head since hee hath graunted vnto you long life euen for euer and euer since your honour is in his saluation onely since this worship and glorie is imposed vpon your Highnesse since hee hath giuen you euerlasting felicitie and made you glad with the ioy of his countenance because your Grace his annoynted did put your whole confidence in him Certaine it is which hee promised by the spirit of his kingly Prophet That his boundlesse mercie shall not suffer you to miscarrie euen when so many shepheards of his people shall be consumed in your sight by the spirit of his nosthrils vanishing like smoake out of the presence of his iustice the angels of Gods sword and indignation scattering them and in all diligent obseruation of wise men which by the computation of times and conference of prophecies as well those that were first deliuered from the spirit of God in the Patriarks and holy Prophets as by the diuination of our Sauiour Iesus Christ himselfe in the Gospels and in all humane ◅dence and Mathematicall iudgements of Philosophers by the course and motions of nature it is apparant that this world gaspeth and languisheth as being readie to be dissolued and as I may fitly compare it in the taste of a sapient palate to Vinum fugiens which is alreadie spent vnto the lees Since therefore your most royall Maiestie reuiueth in your owne person and posteritie this old Brittaine league as a second Cadwallader but doubtlesse vnder the ioyfull and propitious comfort of the Gospell like to bee most fortunate in your domination vnlike to the first Cadwallader who was the last and vnfortunate king of great Brittaine that reigned before your Highnesse and fled from the wrathfull countenance of Gods deuouring Angell which then with plague and pestilence vnpeopled this land What more happinesse can wee wish or meditate vpon in this mortall life than after the time of our corruption and sinfull seruitude to be ioyned all in one flocke vnder Christ Iesus euen as in this life wee liue and breathe together after that happinesse vnder the blessed pasturage of our annoynted shepheard vnder God Doubtlessely were it not a vaine prophecie mee seemeth that should bee performed in your Grace which was long-since presaged of Arture king of the great and lesse Brittaine who was a most zealous captaine in the cause of Christ that a little while before the consummation of the world hee should come againe perfecting all that goodnesse to the Christian Church which by his taking away was then newly begun What is he that shall in these later times sacke these proud wals of Antichrist Shall not he first arise out of the North Certaine it is that if any shall demolish that proud tower of Babell and supplant from the lowest foundations that synagogue of superstition by casting out the Symoniacall money-changers from the Temple by purging all cleane for the great audite and euerlasting supper of our soules it is your sacred and highly renowned Maiestie and as Carl. signifying Charles which interpreteth noblenesse and magnanimitie is one of your Maiesties names well according with your most gracious and heroicall nature so doth your most excellent highnesse as a right renowned champion in the cause of God want nothing towards the execution and consummation of this euer triumphant enterprize but perfection of time to make all absolute Gird then thy sword vnto thy thigh O thou most mightie according to thy worship and renowne Good lucke haue thou with thine honour ride on because of the word of truth of meekenesse and of righteousnesse and thy right hand shall teach thee terrible things for thine arrowes are sharpe and will subdue those people that are thine enemies thy seate is euerlasting and thy scepter righteous for thou louest equitie loathing iniquitie therefore hath God annointed thee with the oyle of gladnesse aboue thy fellowes Hence is it that thou art fairer than the children of men hence is it that thy lippes ouerflow with grace because God hath euerlastingly blessed thee Then with a valiant courage and diuine spirit from aboue wee may liue to see your blessed Grace aduauncing your selfe in the name of God like Iudas Maccab◅s in his holy warres against Gods enemies which arose and like a gyant harnessed
flockes negligently without foode as the Prophet threateneth Immoderate riches in a vile auaricious person ingender pride euen as vnexpected spoyle and victorie doth in a vaine-glorious captaine as was noted by those letters which Philip dispatened to Archidamus after his victories had at Cheronaea who taxed him with proud and bitter tearmes vttered from a spirit swolne and puffed vp with feâ—…citie of his good successe but Archidamus in answere to the same aduised him to measure his owne shaddow so strictly as might be and that he should not find it one haire breadth greater than it was before the victorie Men of this nature are like them of whom Salust sayth Quibus neque modus contentiâ—…s inest vtique victoriam crudeliter excercebant Such as doe not retaine any moderation in conflict but exercise their vertues with crueltie And for so much as appertaineth their immoderate desire of riches It is the generall opinion of all wise men that they whom the force of auarice hath like a contageous pestilence inuaded doe make more account of worldly pelfe than of any goodnesse or honestie they be not truly nor aunciently noble but beare the meere counterfeit of honour which vpon the touch prooueth very base Et quanquam domi sint potentes as Salust saith apud socios tamen magis clari sunt quam honesti Albeit they be powerfull in their countries yet doe their country men esteeme them to be more in authoritie than in honestie This greedie pestilence subuerteth all faith all honest conditions and good arts in stead of which it raiseth pride erueltie false-hood contempt of God and authoritie Moreouer this desire of money Quam neme sapiens concupiuit which no wise man hath coueted as sayth Salust elsewhere beeing as it were composed or compounded of venemous mischiefes and euils effeminateth and cowardizeth a mans mind and body being alwayes infinite neuer satisfied which neither is with plenty nor pouertie wasted But of this vice I haue sufficiently spoken in diuerse other places more at large Beneficence being a promptnesse to deserne well is as I said before a kind of liberalitie required in Counsellors which consisteth in the aduancement of the Commonwealths profite in admonishing commending reprehending comforting procuring defending not onely requiring ayde and beneuolence but by vettue deseruing the same It is a beneficence to see that the high wayes and bridges be made and repaired to relieue poore people villages or societies by crosse fortune or misaduenture distressed or oppressed and as Cicero noteth Benignitas est Reipub. vtilis redimi à seruitute captos locupletari tenuiores c. It is a benignitie commodious to the Commonwealth that captiues bee ransomed from bondage and that the poorer sort may bee relieued with riches Such was that vertuous beneficence of the Emperour Titus who when Rome for three dayes three nights continually did burne and that a grieuous famine with mortalitie chanced amongst the people with his owne priuate purse relicucd multitudes of them to many sicke persons ministring physicke himselfe and visiting diuers which were discomfited vpon the death of their friends performing this in his owne person Such like is that sacred beneficence vsed by the princes of this land in healing of diseased persons and in washing of feete In regard of which excellent vertue Vlpius Traianus was called Pater Patriae qui per exquisita remedia multis pestilentia incendijs fame affectis est opitulatus The father of his countrey who did by most excellent good meanes and remedies relieue and restore multitudes of his people which had beene afflicted with pestilence fire and famine Likewise to minister stipends reliefe or corrodies to maimed souldiors old seruitors forlorne saylers poore schollers distressed corporations and societies according to the lawes and by superadding somewhat beyond legall limitation is a speciall token of beneficence for wee shall find that one pennie more than statuted-prouision auayleth more in the peoples loue than tenne pounds which are prouided and allowed vnto them by law and as I did in my first booke so do I necessarile record it againe in this part that base ministers vnder petty pursers which geld and curtall the princes bounties and beneficences should be strictly and seuerely obserued punished in such cases which beastly dishonor here in England our late most renoumed Soueraigne Q. Elizabeth could neuer endure but vpon any complaint approued did cause to be seuerely censured It is likewise a gracious beneficence to be mercifull charitable towards Churches Almeshouses Hospitals encouraging such as are vertuous and commendably qualified with good testimony giuen of their vertues good partes vnto the prince in furthering of their preserment at his hands Such a counsellour protecteth iustice defendeth the people guardeth the nobilitie patronizeth his countreymen adorneth the prince and indeed sanctifieth him vpon earth Gentlenesse benignitie may not be forgotten in him towards people of all degrees fashion as in cheerefull giuing of eare with diligence and attention to their desires petitions in answeres beneuolent and in promise of offices serious and graue in denying nothing supercilious in rebukes nothing iniurious in dismission of suitors neither proud nor peremptory such a man when the prince extendeth grace towards any doth pretend it to be twise so much as it was comforting the subiect honoring the soueraigne If a petioner be frustrated he doth beneuolently curtously with very good words in plaine honesty content him such behauiour is much more effectuall then gold Bountifulnesse affabilitie dexteritie vigilancie with diligence appeare in him his apparell is honest graue and neat his delight is in companie he cannot away with factions and alterations he disdaineth no mans familiaritie neither doth he wrong any man in bitter speeches he delighteth in argute witty sayings louing honest liberty loathing ostentation with hypocrisie Fortitude deseruing speciall respect in a counsellor is only ment by the interior vertue which may be termed heroicall valor here of more at large substantially my purpose is to treat in my fourth booke Such therfore are sincerely studious of vertue that with a mind aspiring celestiall honors contemplate happily contemning those passions affections which other men hold precious as hatred fauor wealth pouertie ease labor life or death but liue well satisfied with their present estate whither it be good or bad His mind is neither brokeÌ„ nor disturbed measuring himselfe by the cube of reason wherfore well knowing how suddenly time wil slip he will not omit any coÌ„mendable occasions to serue his honest purposes but as occasion shall gallop necre him so wil he warily catch hold of her bridle boldly counsailing speaking aswering to the prince people as he thinketh expedient he cannot be corrupted detesteth for mony friendship consanguinity prayer or feare to deale vniustly he defendeth the truth offendeth flatterers In all actions consultations iudgments seuere and constant a professed enemy to
thing that may be done or spoken is one speciall type of a Counsellors prudence Which some compare to the Mulberrie that flourishing last of all trees yeeldeth ripe fruit before others for after sound consultation matters are with expedition acted Neither may counsell be profered before the king require it like a vaine physition which will intrude himselfe before hee bee sent for vnlesse some speciall causes to himselfe onely knowne and in matters of great weight he find it most necessarie for there be three fashions of counselling by Reason by good Authoritie by faithfull example which three concurring are of most validitie If a Counsellor therefore yeeld not vnto the votes and suffrages of any thing propounded by whatsoeuer persons first let him arme himselfe in good proofe tempered with the steele of reason to maintaine the contrarie parts more conueniently and for so much as it standeth him in hand to confute their opinions and that very few with due moderation can haue patience to bee conuinced let him vse all temperance and mildnesse of speech that may bee without contention for it sufficeth a worthie Counsellor let others thinke at their pleasure to satisfie his priuate conscience If memorie likewise doe not by nature richly supplie to the Counsellors reading for so much as it is fitly called the Register of eloquence and mother of the Muses it will be much behoofefull that a Counsellor studie to reforme himselfe by that art industriously which by maps characters or Hyeroglyphickes may be best placed Knowledge in the studies of Morall and Naturall Philosophie being first well grounded with Logicall rules that he may probably discourse dispute wisely when any question vpon good occasion requireth is needefull also The Philosophie which Plato defineth in one of his Epistles is constancie faithfulnesse and sinceritie Which tripartite kind is by the Morallists called the art of Sapience for it teacheth vs the knowledge of God it reclaymeth vs to fortitude and modestie which illuminating our minds consumeth those mystie vapours of ignorance and dulnesse that oppresse our reason so that we may clearely behold things aboue vs about vs and beneath vs it rooteth out vice harrowing the mind and making it fit to receiue the seede of all good knowledge without which mans nature is wounded and miserable They which studie these arts are properly called Prudentes For Philosophie is by interpretation the studie of knowledge being the perfection of all humane skill and altogether necessarily to bee studied and sought for by princes and great magistrates For as Cicero writeth Philosophia est fructuosa nulla pars eius inculta atque deserta Philosophie is fruitfull no part of which is vnmanured or desert The most profitable part whereof consisteth in mentall Offices and Morals Onely by the Physickes we learne the nature of things the Nature which natureth and the Nature natured the diuers qualities of them both from whence those bodies are which wee call elements lightenings thunder fierie impressions rainebow tempests earth-quakes inundations of waters from what naturall causes they proceede Also to bee skilfull in the Mathematickes For he that neglecteth the Mathematicall arts cannot bee a perfect Philosopher as Caelius thinketh for they bee certaine degrees or elements by which higher matters are attayned Hence was it that Plato did call it Acumen cogitationis The quicke apprehension of mans thought because it heaueth vp the mind and sharpeneth that edge of intelligence towards the apprehension of diuine causes and therefore Fr. Patricius supposeth that this quadripartite art of the Mathematickes including Arithmeticke Geometrie Musicke and Astrologie best befitteth a ciuile magistrate of the two first Iacobus Faber writeth thus Inter eas artes qua Mathemata Graecivocant dua Arithmetica Geometria praecipuum sibi vendicant Locum quòd ad caeteras assequendaâ—… viam sternant Amongst those arts which the Greekes call Mathematickes Arithmeticke and Geometrie be principall for so much as they make easie passage vnto the rest For he which is ignorant in Arithmeticke can neuer proouea skilfull Musician neither can any man which hath not attained the knowledge in Geometrie prooue perfect in that inspectiue of Astronomie for vpon these two first parts those other couple depend The reason also that Plato giueth wherefore he would haue princes skilfull in the Mathematickes is Quod sint quasi comites Administrae viri politici Being the companions and agents of a politicall person First therefore concerning Arithmeticke which helpeth him to make vp his accounts of receit and disbursement when the bils and audite of the Treasurer and Exchequer are referred to his counters of which art I shall haue some occasion in my fourth booke to speake somewhat and in this knowledge Pythagoras was said to haue farre surmounted all the Philosophers of the world according to that which Ouid the Poet writeth concerning him Mente deos adij quae natura negauit Visibus humanis oculis ea pectoris hausit Being in effect thus much By force of his mentall faculties hee did attaine a diuine knowledge and with the eyes of his vnderstanding did perfectly comprehend that which was by nature concealed from mortall eyes Geometrie likewise conuerseth in the magnitude and proportion of things wherein the famous Mathematician Archiâ—…edes was so skilfull and by the helpe of those Geometricall engines which hee did deuise a long time restrained Marcellus the Romane Captaine from victorie when hee besieged that citie And hence is this saying of Salomon How God did dispose of all his creatures according to number measure and weight Musicke according to the course whereof the Pythagoreans did imagine that the world was composed and the Mythologicall poets that deuised nine Muses because of the musicall consent of the eight coelestiall spheres and of that one great continent called Harmonie which includeth the vermes of those other eight is very profitable and pleasant Howbeit in my weake iudgement it may be better spared in a Counsellor than her other three sisters seruing more for ornament than gouernment albeit we find that it keepeth a proportion by notes to delight the mind Astrologie being the fourth and noblest Mathematicall sister is bipartite according to Isidorus in part naturall when it is limited by courses of the Sunne and Moone or according to those certaine and infallible motions of the starres and times or superstitious Quam mathematici sequuntur qui in illis angurantur quique etiam duo decem coeli signa per singula animi vel corporis membra disponunt sidereoque cursu natiuitates hominum mores pradicare conantur c. In which the Mathematicians take delight for from them they deriue their Auguries disposing or placing through all the members of humane bodies the twelue signes of heauen and endeuouring to make knowne the natiuities and conditions of people by course of the starres Both Diuines and Philosophers consent that this inferiour world is according to the discretion and
disposition of God gouerned by the heauens so that these inferior bodies are ruled and moued by power of the superior And hence is that saying of Aristotle Necessario mundum hunc inferiorem superioribus motibus esse contiguum vt omnis eius virtus inde gubernetur It must of necessitie be that this inferiour world neighboureth the superiour powers and motions to the end the force and vertue thereof might bee gouerned and disposed from aboue To confirme this also S. Augustine holdeth opinion Corpora haec grossiora regi atque moueri per corpora subtiliora That these our grosler bodies bee ruled and mooued by force of those bodies which are more subtile This art as well for the rule of Nauigation which proceedeth from knowledge of the celestiall bodies as for those other secrets issuing out of the mysticall indicials of the Mathematicians is more precious to them that haue it than any worldly felicitie for so much as they commonly which are possessed thereof contemne all transitorie pleasures and glorie Wherefore that noble Poet Virgil concerning that nature of the Planets writeth thus Foelix qui potuit rerum cognoscere causas Atque metus omnes inexorabile fatum Subiecit pedibus Being this in effect Happie is he that comprehendeth the causes of things and doth by diuine power subiect all feare and inexorable fate Also Iuuenall the Satyrist concerning the beneuolence of the ascendent towards certaine persons at certaine times vnder his subiection writeth Plus etenim fati valet hora benigni Quâ—… site Veneris commendet epistola Marti For the good houre of a beneuolent fate auayleth more with all persons than the commendatorie letters of Venus could euer haue preuayled with Mars Howbeit those that will certainely iudge of ensuing chaunces though they be most studious and learned in this mysticall part of Astrologie which is called the superstitious or Metaphysicall aâ—… bee many times deceiued in their owne curiositie according to the saying of Thomas Aquine Licet corpora coelestia habeant inclinationem non tamen imponunt necessitatem licet home inclinetur secundum dispositionem corporis ad aliquod vitium tamen per rationem arbitrij potest aliud facere Albeit the coelestiall bodies haue a kind of inclination to somewhat yet they doe not impose a necessitie thereunto and albeit persons encline according to their corporeall disposition to some vice yet may they by the rule of their owne will decline from it which to me seemeth a Theologicall paradox Hence was it that Socrates excused the Philosopher which according to Physiognomie condemned him of incontinence Notwithstanding sometimes they will vpon their coniecturals diuine very neere and oftentimes truly for the confirmation whereof I will cite one notable thing which I did reade in Cassanans the Burgundian To whome beeing at supper with the Confallionere di guisticia in Milan vpon occasion in discourse it was for a meere truth by diuerse affirmed That a famous Astrologer in that citie had presaged to Giouanni Galliaceo maria Viscomi the fifth Duke of that State how he should be mortally wounded by some vassale about him wherupon to the Duke demaunding of his owne fate his answere was My death must be publicke by the fall of a peece of timber But the Duke willing to preiudice or antiuert the fate by some other suddaine death denounced against the Mathematician gaue peremptorie sentence That hee should loose his head because he had entermeddled with the calculation of his natiuitie And as he was conducted to the place of execution from the port of a Tower vnder which he passed called Le Dome suddenly the top thereof fell downe and he with a piece of timber had his braines crusht out a multitude with the Confallioniere and other executioners in the companie were by that ruine slaine also Likewise the Duke himselfe that same yeare vpon Saint Stephens day in the great Church of San Stephano in Milan was by one of his slaues bloudily and cruelly butchered in the presence of many Noblemen and others And now to conclude with the Morall force of Philosophie which as Plato did esteeme was the chiefest blessing in any Commonwealth When Philosophers were Kings and Kings Philosophers For it reacheth the difference betwixt vertues and vices what are the extreames of good and euill how to rule priuat families what authorities and offices belong to fathers husbands and maisters the difference betwixt instruments hauing life and liuelesse the maintenance of priuate persons the vertues and discipline of magistrates the best formes of gouernment the true meanes and knowledge to sustaine cities being in danger of subuersion and how with excellent lawes to rectifie them Hence is it that Cicero doth in admiration and great loue thereof proclaime in his questions Tusculane O Philosophie the rule of life the touch-stone of vertue antidote of vice But hereof haue I spoken more at large in the morals of these offices before Wherfore he which is fostered with that diuine Manna sheweth himself the same in all parts of his life contemning worldly treasures abiding faithfull appearing valiant in the Guard and loyall maintenance of truth and armed with constancâ—… defieth feare and these are the verie fruits of Phylosophy such a man is not altered by time deiected by necessitie infected with insolence nor wearied with the bad dealings of reprobate persons such a counsellor doth liue well and vnderstandeth well which is a sure signe of sapience he consulteth well which is a principall point of prudence and gladly would haue all well which is a true token of iustice adde herevnto his owne doing which is a manifest marke of perseuerance Such persons wholly relie vpon their owne vertues yeelding honour to such as are in grace with the prince yet not committing any priuate secrets to their knowledge and iudgements In all things they shew themselues circumspect moderate diligent and discreet There remaineth one speciall Caueat after all these obseruations for counsellors which through their worthinesse and vertues haue attained a singular loue affiance of their Prince to be credited and vsed in all the most serious important causes of the Commonwealth which is that neither the great grace of their princes nor the multitudes of honors and superiorities heaped vpon them neither any vaine gaping vpon the popular aire after which men growne insolent vpon their greatnesse commonly breathe driue them into practises ambitious which are through want of due pietie towards God and to their Soneraigne without any season of iustice or honestie commenced Considering therefore first what this pestilent and infernall fire is because in many Commonwealths that hath oftentimes been the greatest enemie which theirowne countries wombe and breasts hath bred and fostered I will in some principles discouer the detestable nature members and fruites of monstrous and ambitious persons as they be liuely declared at large by diuers which haue seene humane sacrifices and sepulchres ouerflowing with ciuill blood
thereof is to this day knowne and called by name of thâ—…â—…dly Tower Hereupon this odious Vncle vsurped the crowne but within liâ—…le 〈◊〉 two yeeres was deposed confounded in the Battell at Bosworth in Leycester shire 1485. by King Henry the seuenth sent by God to make restiâ—… of the peoples liberties and after so long and hâ—…ble a shâ—…re of ciuill blood 〈◊〉 send a golden sun-shine of peace closed vp in the pâ—…ely leuies of that sweet modest Rose of Lancaster which being woâ—…e in the 〈◊〉 bosome of Lady Elizabeth the daughter of King Edward late mentioned of the Family of Yorke dispersed those seditious cloudes of warre which had a long time obscured our firmament of peace banishing that sulphurous smoke of the newly deuised Cannon with the diuine odour of that blessed inoculation of Roses yeelding by their sacred vnion the Lady Margaret the firstflower of that coniunction and great Grand-mother as I declared to our Soueraignes Maiestie in these happy bodyes raigning ouer vs whose blessed raigne I beseech God to lengthen as the dayes of heauen Henry Duke of Guyse father to this yong Duke now liuing in France aspiring couertly to that greatnesse which neither his birth nor conscience albeit well guarded by the Church of Rome could assure him fell in the very bowels of his ambition vnder that guard which if he could should haue been spectators of their Soueraignes tragoedie Charles du Lorreyne likewise iâ—…ke du Mayne and brother to that Duke of Guyse after that he had many yeeres waged warre against his naturall Soueraigne Henry of Burboâ—… now the fourth French King of that name and had vsurped the titles coynes crowne and royalties of that Realme which he then miserably tortured holding his liege Lord at the pikes point in most hostile defiance was at length shamefully put to flight in restoring of which vngratefull Duke to his office of Le graâ—…d Chambellane du France though it was done by mightie means and mediation the king liuing hath declared much clemencie The late successe of Marischall Byron in France for practizing against the crowne and life of his Soucraigne with the faction of Spaine being sofresh in our memories by the ransome of that capitall treason with his head which payd it need not to be much stood vpon Neither those ambitious conspiracies of the Earle Gourey in Scotland against his Highnesse sacred life miraculously protected and preserued by God for the weale and gouernment of his people Adde herevnto the late practises of our vnworthy Gentlemen of England against his annoynted Maiestie whosemercy doth yet appeare much great as were their treasons By these and other examples infinite of that nature appeareth how needfull it is that Magistrates in such place haue great care and feare of falles when they seeke to scale flipperie promotions beyond their reach which are onely bestowed by diuine prouidence and not any wayes disposed by humane policie This also did the diuine Scalliger obserue in his aduise to such ambicious firebrands which after th'eruption of a fewe turbulent sparkes soone and on a sudden ende in cold and dead embers Certo 〈◊〉 〈◊〉 tua metire probando Ne scande Locos equibus inde sit vuendum By good proofe and experience learne to moderate thy selfe seeke not to clime vnto such places from whence thou must haue a fall Beware therefore of this fearefull elation of the spirit towards corporall promotions and benefits and if griefe or discontentment vpon good ground seaze vpon vs let vs arme our selues with constancie to beare and to conuert all wrongs and tribulations into the practise and vse of vertues by which meanes we shall so charme all dolours and perturbations that they can haue no power to brande or torture vs. Adde hereunto this precept of Master Francis Guycciardine that counsellors in weigtie matters shew deliberation and slownesse of tongue and foote the cnstome of their seruice fed with the bitter hearbe patience which bringeth peace at the last should so farre preuaile with them in most causes that the more wrongs they receiue at their Princes hands the more patience and dutie they should declare This least I become more tedious then pleasant or profitable to the Reader I thinke sufficient concerning the principal qualities and offices in a counsellor many more seuerally might be recounted howbeit as adiuncts or dependances vnto these before specified And some fewe which herein are exexpressed will make a man honourable and esteemed according to that saying of Salust Multa variâ—…que sunt artes animi quibus summa claritudo comparatur Herein not presumptuously nor ouer weaningly to limit men in wisedome and authoritie so far beyond my censure and aboue my degree to such things which proceed from my weake and vnripe opinions but to giue a methodicall taste of my iudgement grounded vpon the sound opinions of men prudent and very learned consorting in sweete Harmonie with the Lawgiuers Commonwealths-masters and prudent Philosphers of former ages In them for my part resting well satiffied yet with such due respect as by submitting my selfe in all reuerence and humiltie to the sounder iudgements approued wisedomes and gentler corrections of men learned and experienced in offices of state with a decent obedience and readinesse I doe desire to bee both instructed better and reformed in any point which their wisedomes shall deeme expedient herein To conclude therefore in opposition to them that haue violently and sodainly fallen from the throne of soueraigntie by their ambition with such as merely by their vertues haue been aduanced and established kingdoms in their long succeeding posteritie through many generations I will speake somewhat as well for their encouragement which are verely noble as for the reformation of those that are proude abiect ambitious Hee which deserueth well and laboureth in the common cause of his Countrey with iustice and sinceritie may worthily seeke for condigne prefeâ—…ment at the Prince his hands for if euery laborer meriteth wages what doth he which incessantly busieth himselfe in procuring ayding and maintaining the peace and riches of the Common-wealth Magnae namquè curae magna merces est The reward is great which appertaineth to a great charge as Salust in his Oration to Caesar. This care and zealous desire to dignifie that Nation which gaue the first light to his life is the perfectest token of a good Counsellors vertue Virtutique perfectae nonfiet condignus honor Perfect vertue cannot be sufficiently honoured saith Aristotle And according to Patricius Virtus semper secum comitem habet honorem velut corpus vmbram laudataquè crescit Vertue is continually accompanied with honor as the body is with a shadow and florisheth by good fame Nay the most kindely milke which nourisheth vertue is honor And as Aristotle writeth in another place Homines dij dicuntur propter virtutum excellentiam c Men in respect of their vertues excellencie be called Gods What then shall we study therefore to become
are these First a ripe demurrer in weightie causes wherein is required his circumspection that he trifle not away the time of his action in vnprofitable delayes or waste the dayes of his busines in vaine words next that he lend a iudicious care without pertinacie to them that consult vpon any serious matter concerning his weale hearing all their opinions beneuolently but warily concealing his owne mind within himselfe or imparting it albeit vpon necessitie to very few iudging and pondering euery mans censure according to the weight of prudence Tunc demuÌ„ elucet regia maiestas cum potest qua cuiusque sententia in senatu melior non numero sed pondere dijudicare Royall maiestie then most luculently disperseth her glorie when it hath power to ponder euery Senator his opinion according to the sound substance of reason and not perswaded by the multitude of voices Lastly but most needefully that his grace admit a generall libertie for his Counsellors franckly to declare their minds without restraint of any thing which may concerne the subiect of their consultations for miserable is that prince which willfully but more sluggishly rather occasioneth his owne wretchednesse by prohibition or punition of that libertie which openeth vnto him th'impostumes or dangers of his present state in disposing of which kinde of causes he should decline from any taste of partialitie which herein is expressed when he neither rewardeth them that aduise him soundly to the best nor punisheth those which ministred counsell to the worst sence And this is one principle or caueat rather to euery wise prince which as I should thinke is a good member of his true fortitude that he gouerne of himselfe be not gouerned entirely by the counsels and opinions of others as if he should fearefully distrust his owne priuate wisedome in any publike matters of the commonwealth Nihil est 〈◊〉 in imperio pernicioâ—…us quà m ex alio sapere And as Tilius writeth in his Commentaries of France Videant principes ne munera sua â—…egligant sed procurent ea ex mandato dei nec incumbant toti in alienam fidem Princes should haue a most vigilant and circumspect care vnto their offices which they should execute according to the commandement of God and not entirely repose their trust in others It is likewise very behoofull that euery Prince take open notice and vnderstanding of the singular good vertues and demerites of such valiant and excellent persons as haue highly worthied his Highnesse honoured the Commonwealth or benefited any speciall members thereof Tam etiam beneficij quam iniurae memor esse debet He must remember a benefit as presently as a wrong done vnto him Semblably true munificence as I said before in my first Booke is most worthy the royall Maiestie Armis nempè regem quà m munificentia vinci minus flagitiosum The dishonor of a king is not so great which is gotten by his ouerthrowe in warres as by his want of due munificence To that prince likewise that tempereth his raigne with benignitie and clemencie all things seeme ioyfull pleasant Etiam hostes huic aequiores quà m alijs ciues sunt Euen enemies are more fauorable to such princes then subiects are to those of a contrary condition Which that morall Tragoedian witnesseth in many places though his Scholler would neuer learne that Lesson Qui vult amari languida regnet manu He that would be beloued amongst his people must punish with a languishing hand Moreouer euery wise prince will haue his Court furnished with store of reuerend Byshops and Noble-men of port aswell for his owne more fame and honour in forreine places as for the maiestie of his State at home by which meanes if any matters happen amisse either in the Church amongst the nobility or in the Commonwealth he may sagely communicate consult and worke out with their forces about him towards a generall or particular pacification and tranquilitie The reputation and ancient offices of a prince amongst the Romaines was to summon a Parliament senate or counsell to giue directions vnto the Senators to deliuer the law to constitute guardians for wards and orphanes in pupilage to make free men of seruants to dispose and bestow the publike tribute His meanes to conciliate the peoples loue is the fame opinion of libertie beneficence iustice faith and of other qualities apperteining his royall apport in manners and facilitie for in iust and good princes in and from whom no deceits nor iniuries appeare nor proceede the people franckely repose all their fortunes wiues liues children as they did here in your most excellent Maiestie vpon the decease of our late deare Soueraigne Elizabeth which how firme a kingdome that is cannot but be with much comfort knowne vnto your highnesse Cum multo tutius sit volentibus quam coactis imperitare Considering that it is a fafer course to beare rule ouer such as are voluntarily then those that by constraint are subiected This hapinesse hath iustice and prudence wrought in and for your grace that no people can be more franke hearted in loyall alleageance and reuerend affection towards their Soueraigne then your subiects of England For as we find that men for many reasons subiect themselues voluntarily to princes some vpon a good opinion conceiued of their iustice and prudence others in hope of benefit to be gotten at their royall hands some for honor a multitude for other preferments of diuers natures peraduenture not a few which stand in feare of some disaduantage if they should not subiect themselues vnder theÌ„ whose true right and inheritance void of any the least colour of exception doth command and inioine them so nothing can be more specious then your maiesties excellent vertues and knowledge wherewithall God hath admirably blessed you nothing more liuely declared then your true royall munificence and bounty nothing equiualent with your kingly beneficence in honoring preferring vertuous persons that which is most apparant cleare as the sunne in his purestlight your maiesties royall right of inheritance vndoubted lineall discent vnto these crownes kingdomes vnder your Scepter imperiously by right commandeth it But one thing more then all the rest to the vnspeakeable comfort of your highnes vnder God there is which mainly conquereth preserueth all Empire being a zealous vnfained loue of your people towards your grace so that in these three pointes your maiesties glories are with most renowne emblazoned First with the peoples loue secondly by the confidence reposed in their prince through his vertues and lastly through the reuerence dutifull obedience exhibited vnto him Parua namque res tantum ingenium atting ere nequit For such a mightie wit is not apprehensible of small matters Such infinite blessings hath the God of righteousnesse powred into your graces head and heart hauing girded impaled and fastened th' one in constancie with those graces of wisedome within your royall crowne and of sacred
no man hath power in himselfe to appeale from the Lawes of his owne natiue Countrey because it is presupposed that each Commonners vote vpon sound and deepe deliberation and consultation hath already passed in Parliament And this is the very reason which includeth euery good Prince also within the limits of his owne Lawes being Per necessitatis legem ligatus Bound by the Lawes of necessitie to make good his owne act least through his refusall hee giue the first scope and light vnto the vulgar to contemne Iustice and magistracie Hence was it that Xenophon produced Cambises speaking Nonne statuunt imperatorem ad omnia tollerantiorem legibus magis astrictum quā subditos is it not decreed that he which is Emperor should tollerate more difficulties and be more straigtly bound vnto the Lawes then his owne subiects For sure it is that he laboureth to make a Tyrant of him which would exempt any king from obedience vnto his owne Lawes The right of Nations differeth from the Ciuill in this that it is generall and obserued traditionally by naturall reason amongst all persons whereas the other is priuate and tyed vnto the necessitie of that Commonwealth which requireth the same Ciuill Right is either written or by prescription That which is written doth consist in Lawes in Folkemots in the Senators Institutions in the Prince his Plees in Edicts of Maiestrates and in sage sentences Law which is summae potestatis iussum The precept or commandement of the highest power Or rather as I deeme Summum ius Extreame right Because many things were more seuerely committed to the Lawes letter then by the Law-sages and reuerend Iudges did seeme needfull with extremitie to be executed and some prudent sentences also deliuered in such misticall Oracles as might be wrested mollified or hardened as should be thought most fit in the Iudge his discretion by conscience and equitie onely to terrifie men from hainous sinnes is called the Rule of Reason the Empire of the prince and dutie of the subiects For all the Lawes both diuine and humane haue reference vnto the true worship of God and to the sincere and perfect concord of people amongst themselues the vertue whereof appeareth in commanding prohibiting permitting and punishing of matters and persons Iamblicus calleth the Law Rectamrationē reginam omnium quaerecta iusta iubet vetatque contraria The true reason and Queene of all causes commanding persons to doe right and iustice and prohibiting the contrarie Which is in effect the same with Iustum being that Quod cuiquam secundum praeceptum pr◅scriptum domini fit Which is done to euery man according to the king or Prince his precept and prescription For it is to be presupposed that the prince dealeth merely with right and equitie towardes all men whereas if Iustice be the scope or precinct of the Lawes and if those Lawes vpon commandement of the prince be put in execution which prince representeth vnto the people the liuely figure of Almightie God in his royall person it must of necessitie follow that the prince his lawes should haue a taste and resemblance of Gods lawes also and hence is it which I deriue as a position sure infallible that they which feare to offend the lawes of God stand not in any feare of the punishment which is by the laws of man limited because they wil not offend either through impietie or through the want of natiue iustice and charitie Those also which in feare to loose their present liues or liberties those which in loue of this world and those which in vsing this world as though they should alwayes vse it withdraw themselues from open offences are for the most part Epicures Atheists Hypocrites or wicked persons not performing any good thing out of their owne francke wils and honest consciences but by constraint and feare Onely they that out of their owne toward natures and in meere loue to vertue feare the transgression of lawes and iustice are honorably to be respected and cherished according to that saying of the Poet. Oderunt peccare boni virtutis amore Oderunt peccare mali formidine poenae Good men stand in feare to commit offences through that loue which by diuine grace they beare to vertue wicked men are loath to doe wickedly because they stand in feare of that punishment which is limited by the lawes Moreouer mans only feare of the lawes cannot purge his conscience cleane from sinne but merely taketh away from him the licence by which he doth offend Leges enim possunt delicta punire conscientiam munire non possunt For the lawes may punish offences but haue no power to corroborate or munite the Conscience And so much in briefe concerning Lex generally which was instituted likewise euen as in those places aforesaid amongst the Romanes of ancient ages past at Rome vpon the request of a magistrate Senatoriall being as it were Proconsul for that time Plebiscitum which I call Folkemot because this word hath beene ancient in our lawes was that which the magistrate or mouth of the Commons vpon motion and suit as bearing office of their speaker and Tribune did get ratefied by the Romane Consuls and Senators on their behalfe Howbeit Folkemot as it might be taken by th'interpretation of that ancient Saxon word importeth some base assemblie or conuention of the meaner sort of people making and instituting lawes after their owne lustes for in my iudgement that might be called a Folkemot where the base commoners and inhabitants in any bad ordered Commonwealth as not acknowledging any lords or superiors should make lawes or choose magistrates vpon their owne improper opinions and indiscretions as I touched in the morals of my second booke intreating of the worst popular estate called Anarchie And such was it which in my iudgement might be called a Folkemot that happened in the dayes of King Henrie the third after the conquest when a multitude of the baser Commoners assembled at Oxford where those blockheads of that time exempted the king with his nobles and all others that had knowledge to reade and write from hauing any place or vote in their parliament sauing such as were to recorde their ridiculous and vnlawfull actions Such orders likewise as the baser sort in villages hamlets and poore townes doe make amongst them selues concerning their societies asin matters of their parishes of commons of pasture of moore or of any consultation concerning the common priuiledge of that towneship hundred rape or wapentake where they liue being now called Bierlawes and not retaining any force of written lawes but by customarie prescription within mans memorie retained as I thinke may be properly called Plebiscita and Folkemot Hereof being so well knowen to diuers professors and students of our commonlawes in this Realme I will not speake any more onely the difference whereupon I bring in that vnusiall terme Folkemot according to my translation is by the imperial institutions thus discerned This
should not admit when times are dangerous a small fault to escape vnpunished but prouide so that it may be with moderation and clemencie chastised punishing nefarious and hainous crimes with due serueritie for examples And so much concerning mercie by discreet mitigation of punishment In other places where seueritie should take force as occasion shall offer It is not permitted that a Iudge should command and prohibite what he list himselfe without legall warrant albeit it might rest in his arbitrament yet whereas all articles cannot be seuerally comprised in the Lawes and forsomuch as many circumstances breed doubts in such cases men are referred to the conscience and religion of the Iudge neerly to determine by course of iustice according to sinceritie further scope then this is not permitted vnto any being by that benefit freed from perill of punishment though he giue sentence against the Law for the case not being throughly discussed yeeldeth him some colour for excuse excepting alwayes in litigious cases that it resteth not in his power to giue away the goods proper of any man beyond the limits of reason and equitie That kinde of iustecying which is said to bee common amongst the Turkes is in my iudgement very tollerable and soone ended for the Iudge closing his eyes giueth eare pondereth pronounceth and dispatcheth the most part of causes very commendably freeing and releasing the sutors from expence of time and monie both which inconueniences happen vpon the processe of our Lawes in Christendome For it had beene oftentimes better that he which hath iustice to guard his good cause should in commencement thereof haue let his sute fall then after a long and litigious dependance buy the iudgement of it with more chardge then the maine was worth being onely referred to the credite of iust victorie for his meede Moreouer by such dilatory meanes it often happeneth that white is died into blacke either through deceit corruption or ignorance of the Iudge and elsewhere by the rigor and false interpretation of the Lawes Howbeit to noble minded men which are able to forbeare if the sute proceede from misprision or some misconstruction and not from any litigious humour of the aduersarie I deeme it a principall tipe of their honours and much auaylable as Cicero saith Paulum nonnunquam de suo iure decedere In administration of ciuill causes also there is one most commendable part requisite in a iudge that he withdraw his hands from the rewards of priuate or poore persons which would gladly giue somewhat for fauour in their iust and honest causes For iudges of that nature are blinded with auarice whose fashion is to make a gaine of all causes both honest and dishonest hence was it that iudges lege Clodia were prohibited to take any rewards of persons in suite In speciall all such rewards and gratifications as are giuen either to further a good or a bad cause sauing the fees lawfully limited to the iudges and pleaders in regard of their salaries and paines are dissalowable and if any be tollerable then onely such as are taken by them of great princes which reward their paines in aduancement of iustice onely For such as sell iustice and truth are abhominable and so bethose also which take gifts of any man to further a faultie for in that false participation if he further him then doth he manifest violence to iustice and if not then doth he deceiue the briber of his money both which are abiect and contemptible these may well be called mercenarie iudges and corrupt hirelings Now somewhat so short as I can concerning the knowledge and studies required in iudges iudiciall magistrates The due reuerence and feare of Gods omnipotent vertue which illuminateth his vnderstanding perfecteth his wisdome amplifieth his maiestie refresheth his spirits corroborateth all his iudgements must aboue all things before and after iudgement and continually with a zealous and effectuall prayer from a soule blessedly breathing after spirituall consolation be principally retained And therefore it is written by Moyses that iudges should be men of courage fearing God dealing truely loathing auarice And for this cause the Prophet Dauid calleth them Gods saying that all the children of the most high doe right and iustice vnto the fatherlesse poore and needie His ordinarie studies therfore for pleasure and ornament are best approued in the sweete concord of morall Philosophie which will enable and confirme him in his profession and conuersation this teacheth him how iustice is a vertue yeelding euery man what is his owne and willing all men to discharge their dueties Cicero calleth her the Queene and mistresse of all the other vertues because she taketh perfection from the rest being as it were a concordance or harmonie of all the parts when appetite subiecteth it selfe to reason It is also an affection of the mind iustecying all men beneuolently and cherishing humaine societie this is also called equitie which in euen ballance pondreth euery mans right answerable to desert and dignitie Aristotle termeth it an affection of mind enabling men to doe iustly which kinaleth in them a zeale or feruent desire of equitie It is according to M. Bodine a kind of Geometrie which being disanulled drowneth the concorde and societies of cities it teacheth the difference betwixt honesties and their contraries it pointeth out the extreames of good and euill it directeth how to rule priuate families it sheweth what authorities and offices are proper to fathers husbands and masters it declareth the maintenance of a priuate state it instructeth persons in the vertues and discipline of a magistrate it describeth the forme of a Commonwealth it prescribeth the true meanes and knowledge to susteine cities which are in danger of subuersion it deuiseth excellent lawes and statutes to rectifie them conclusiuely the surest and firmest foundations of Empire are good lawes moderating and measuring out all liberall sciences and good arts Which good lawes as Freigius calleth them are the mistresses of vertue commanding people in their liuing to demeane themselues honestly and profitably with a restraint or prohibition of things bad and the contrary Iustice according to some learned moralists is knowen by these attributes or qualities first she will not challenge any thing which is not her owne then she doth neglect her owne priuate lucre in respect if she may thereby further the common equitie There be sixe kindes of Iustice according to some very learned philosophers and they should seeme to be very certaine one iustice is legall being a kind of voluntarie affection to doe and desire iust things and by this legall iustice are men wholie bentand inclined for the benefit of their contrey The second a morall iustice which I prementioned out of th' imperiall institutions being a constant and perpetuall will yeelding each man his owne The third a kind of exchanging or commutuall iustice keeping a precise and religious equalitie of things amongst men The fourth is a iustice distributiue by which
eius finem esse incipere cuiuis etiam ignauo licet deponere vero cum victores velint All warres are easily begun but with great difficultie finished it is not in one mans power both to beginne and end the warre euery dastardly coward may begin but it resteth in the pleasure of him that vanquisheth to make an end thereof The foote or end of warre therefore must be precisely looked vpon with the toppe and occasion For example when it is soundly warranted by the Lawes of nations as in lawfull levying of armes either in the cause of God which is principal being moued assisted by diuine spirit against his enemies such as you shal finde in ages not long past which by the Emperor being confederated and vnited in force with the princes of Christendome were auspiciously stirred vp ingenerall against the Turke and against other blasphemous opposites of Christ and of his people or in defence of the Common-wealth against all forraine inuasions or impeachments of their naturall liberties As it was in my remembrance prouided by the dearly remembred nâ—…rrice of this Nation Queene Elizabeth Pro aris focis against the puisant Armado of Spaine which purposed a conquest of this Nation and was confounded by the spirit of God mouing in the windes and waters against those forraine ships vnder the propitious and euer-admired valor of Gods hand-maiden whose apport carriage in those difficulties are worthy to be recorded with a pen of finest gold in hardest marble or in that if any thing be more durable which is most permanent and diuine vpon earth For being then amongst her souldiors heroically mounted she promised with many comfortable words of encouragement to share with them in fortunes if the Spaniard durst shew his face aland Such and so marueilous was her natiue fortitude and true pietie published in her Campe at Tilburie vpon the zeale and motherly loue of Gods cause and of the safegard of his chosen people vnder her scepter as is euerlastingly registred already with her soule aboue the starres Out of this brancheth a lawfull kinde of inuasion vpon forraine states in case of some honor or right which is vniustly detained by violent hand after that restitution hath beene peaceably demanded As that which the right wise and most renowned Prince the beautifull president of peace and the deuouring thunder-bolt of warre King Edward the third your Maiesties most worthy Progenitor breathed out against France which martiall lighttening was so terrible that it deuoured the disobedience of that people and established him in his right which first was wonne with the weight of most honourable battell And those warres which the valorous French King maintained a long time after the venemous murther of his predecessor brother in Law King Henry the third of France and Poleland against the Duke Du Mayne great Chamberlaine of France with the Duke of Parma and others that resisted him in his hereditarie dominions vntill the Pope had restored him to the crowne There is likewise a iust warre grounded vpon charitie which vndertaketh the protection of our friends or confederates Such were they which our prementioned soueraigne Lady lately levyed to succor the Free-states of base Germanie thereby to protect them from the rigorous and vnspeakeable seruitude of Spaine and Castille whose approoued faithfulnesse of old to this Realme is many times noted in our Chronicles Onely such warre as is vndertaken for amplification of dominion and Empire and that which ambition marshalleth with such iniurious quarrels as are scandalously picked out of counterfeit grounds and heads more fit for Turkes Infidels or traytors then for sacred and royall minded princes may not bee fummoned to this throne of heroicall iustice but vnrespected or reiected vtterly Vnto the performance of these warres thus iustly to be commenced and raised the choise of soldiors is first required as well Captaines as ordinarie seruitors including soldiors for fight and labourers for worke Of these in their particular offices and degrees successiuely The first and highest place of power and reputation in the field the Prince himselfe vpon some principall causes in his owne person houldeth vnder whom all other Generals and Captaines are waged and beare office But forsomuch as at this day few princes are seene militant in forraine countries vnlesse they stand appealed to such battels forcibly through some forcible iniustice of others either vpon detinew of due tributes or territories the custome and possession whereof hath beene of most ancient memorie continued in his antecessors by discreet succession to the very point of his own raigne and also because fewe Princes are personally seene in battels of our dayes vpon their ownesoyle vnlesse against assailants or tirannous vsurpers such as were expected of which I spake before by our soueraigne Elizabeth and prouided against the inuasion of King Philip Anno 1588. and for some other particular reasons I will passe ouer the particulars of his highest place in martiall Campe referring my selfe to his commission by vertue whereof vpon ordinary tearmes of warre the Prince or Emperor deputeth his Lieutenant generall to supply the place and office of maiestie hauing sometimes certaine priuate and princely directions not expressed by which in dearest trust to him by his soueraigne committed he must shape his course In all outward apparance he must cape according to the strict tenor of his instructions in commission vnder the Prince his great seale deliuered The least sillable in sence being expressed therein he may not without high danger to himselfe transgresse vnlesse the soueraignes aduice and opinion be first had and knowne or after vpon more firme reconsideration deliuered The princes deepe Iudgement and discretion in electing of his Leiutenant generall ought to be principally grounded vpon good aduice and sure notice taken of his sufficiencie for such a place First he should be a man of able strong and actiue bodie well knit of a durable complexion neither too much brent nor drowned as I sayd in the secret councellor hard and at defiance with tendernesse delighting in paines and practise of Armes and in him fiue principall things are required The first is fidelitie rebounding from his dignities and noble education opposite to which standeth infidelitie issuing from auarice and malice for such as are couetous and malicious be faithlesse and therefore by the lawes imperiall not eligible to the place of Princes or Generals of Armies Science the second garbe of a noble Commander conuerseth in the knowledge of Topographie both by the Carde and Mappe as by practise in much trauell By this he discerneth what Marches are competent for the souldiers answerable vnto their bodies strength vnto the present need which the seruice in hand shall impose By this he disposeth of all aduantages which the places times and seasons shall offer as by the benefit of hils valleys lanes riuers marshes woodes with all the sunnes and windes of the compasse also such obseruations
that action to which the whole force of mind bodie must be bent not fighting to winne the girland for others but principally proposing the wagers honour for themselues hence happeneth that mercenaries cannot combat with that true courage and martiall-alacritie which natiue contrimen will for they fight only for a little wages and such venture of life and hazard of themselues will not serue in time of neede vnlesse it be very wonderfully seconded with frequent and those gallant succours knowing how many noble princes haue miscarried in reposing vpon such hollow valours Moreouer natiue souldiers both by the causes necessity and in hope of a glorious conquest wherin the largest portion of iust reputation happeneth to themselues wil put to their most excellent and best approued force to such men feare and difficulties are contemptible the cause of this their excellent valor proceedeth from the goodnesse of a true parent in person of their prince who will share his honors commodities with them and from the noble worthinesse of their commaunders and leaders being natiue contrimen and engraffed to their societies Tullus Hostilius successor of Numa notwithstanding the fourtie yeeres intermission from warre did onely choose his souldiers out of his owne cities reiecting all auxilia◅ies of the Samnites and Tuscanes which had beene well disciplined trayning his owne people and through them attained conquest Likewise king Henrie of Monmouth the fift of that name from the conquerour king William the first for his right in the Crowne of France vsed his owne English souldiers and returning loaden with triumphes and victories obteined by them that during all the dayes of his father and for thirtie yeeres space before had not worne any warlike furniture whereas in contrary the French had bene exercised in continuall warre against the Italians and assisted or oppressed rather with those hirelings of Swizzerland The best forme of fighting in warre was in making of great battailes being composed of the most approued men in field for valour placed in the maine battaile or middle bodie of the hoast for men which being vnited fight together in multitudes be much more valiant by nature then in small companies or handfuls Also the speciall thing which hangeth vpon the discipline and honour of the Generall is that the souldiers be duely paid their wages and relieued with victuals which winneth in them a dutifull kind of reuerence and awfull respect of their gouernours This loue in them exceedeth the force of gold and the power of all opportunities and occasions which can happen by times or places For that which maintaineth wars commonly proceedeth from contribution of the people towards the common defence against forren violence and this lasteth no longer then they can be defended Likewise all places naturally munited and fortified are nothing without the willing aide of men valiant to defend them by force considering that treasure is wonne by the sword and not the swords vertue by treasure These foure points in the Generall therefore make excellent souldiers and confirme Empire Industrious and due discipline strong armes and sufficient for the fight iust paiment of wages and a competent prouision of victuals adde hereunto the fift which is the roote mother and perfection of all noble seruice and conquest being the firme loue hearty reuerence of the souldiers These points which haue beene formerly noted by the politicke Florentine Secretarie to Petro de Medici to conserue and augment th' empire which he would haue had him haue sought for consist in manning of the strong cities with souldiers borne in the same prouinces in conciliating the friendship and societies of neighbours in planting colonies for defence vpon the skirts of their newly subdued prouinces in the spoiles of enemies in forraging and hauocking vpon their haruest and husbandrie in choosing rather to draw them together for battell in Campe then to besiege them within their cities in studious respect of the common cause and profit onely in th'instructing and disciplining of souldiers in the knowledge and vse of armes which eight points if the prince or lieuetenant neglect hee may percase deuise notwithstanding other meanes for the conseruation of his owne but neuer for the amplification of Empire which augmentation if it should happen by lawfull meanes as by the meere prouidence suggestion and disposition of God doth not impugne Christian religion but is most noble and loueable For some princes might vnder counterfeit pretext force men to defend their owne pretending a right in some things not belonging vnto them The mainten◅nce whereof may giue occasion vnto them which execute Gods punishments vpon ambitious vsurpers by diuine in◅igation to diuest them of all forsomuch as they will not leaue any thing which their vnsatiate auarice hath appetite to deuoure for euery man is permitted to loue honour and prote◅ his countrie and the reason why so fewe free people and States are in comparison of former times and such a defect of uue louers and of valiant champions of liberties in comparison of former ages as a wily Commonwealths man hath noted is that people in hope of beatitude and towards the fruition of a second comfortable life deuise in these dayes how to tollerate and not to reuenge iniuries as if that no saluation could come from aboue but by keeping of their swordes and armes rustely sheathed and cased when a vehement necessitie doth importune the contrarie whilst they sottishly nuzzling themselues in sluggish securitie vtterly condemne the lawfull meanes and courses of warre restoring that needfully by force of swords which no law nor charmes of perswasiue words can accomplish There yet appendeth this discipline of souldiers one principall respect of the captaines that neither they crush nor excoriate the poore husband-man which I partly touched in the Morals of my second Booke for if it may be said vnto fraudulent merchāts whose consciences are blasted with a couetous lethargie Whether O yee fooles shall your soules trauell What then may be spoken of such soldiers that neither being contented with their stipend or wages nor with meat drinke when they be faint with marching long iourneies vnder the languishing weight of their armour which by poore husband-men is dayly ministred vnto them in a kinde of fearefull charitie For these like the bastards and counterfeits of honour rauenously spoyle and take away the goods of those which entertaine them shewing all cruell ingratitude towards them as vnto slaues in meede of their hospitalitie with grieuous stripes terrible menaces and torturing those poore labouring catiues vpon the strappado of their vnsatiable couetousnesse euen to the last tester which these siely creatures do pittifully lay downe at their feet to be rid of that fearefull tēpest which those vnthankfull barbarous guests raise in their cottages For the preseruation of the weale and securitie of Armies from feare and dangers of enemies all deuises ought to be followed as in the faithfull promises of the aduersaries of confederates of friends and of
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
marshes and riuers for marching incamping wading fortifying imbattelling and such like by such practise of hunting shall be with sport and in short time attained also the benefit happening to their bodies in confirming of their strength and health which vse it For by this countries Topographie a perfit knowledge and discretion of the nature condition and soyle of other countries is attained with facilitie for all regions haue some resemblance one of another In such sort Salust writing somewhat concerning the exercise which Iugurth did vse commendeth him after a fashion for his exercise of hunting in these words Non se luxui nequè inertiae corrumpenduÌ„dedit sed vti mos gentis illius est equitare iaculari cursu cum aequalibus certare cum omnes gloria antecelleret omnibus tamen charus esse Ad hoc pleraque tempora in venando agere leonem atque aliâ—… feras primus aut imprimis ferire plurimum facere minimum ipse de se loqui He did not giue himselfe ouer to be corrupted with lust or sluggishnesse but as the fashion is of that countrie to ride to shoote to runne in race with his equals and albeit he did exceed all of them in glorie yet euery one of them did loue him Moreouer he bestowed much time in hunting he would be the first man or the surest man which gored wounded or paunched the Lion and other wild beasts his fashion was to do very much to make small brags of it In which generous exercise recreation of hunting your highnesse soone after your first milke in the tendernesse of your gracious spring industriously to great good end delighted hauing proposed it as a recreation destined to most noble and heroicall purposes when time and occasion should summon your mightinesse to make specious demonstration thereof And that care and wisedome is exceeding great which answereth to the choosing of a Generall aswell for his reason experience and valour as for his bodilie strength and agilitie for that cause the people of Rome hauing decreed by the consent of the Senate to moue warre against any Nation made choise of their Generals and Dictators out of the prudentest Consuls vnto whom they graunted a large Commission to deale in all causes concerning the seruice in their trust according to their sound discretions And verely whereas both the life and honor of peace and warre resteth in his person the wise iudgement of a Prince as I thinke cannot bee so certainly in substitution and deputation of any vicegerent or seruaunt whatsoeuer as in the prudent election of a Generall For certainely those noble parts and perfections which are needfully required in him stand in more force and valour of all inferiour souldiers vnder him as Philip great Alexanders father said That a battell of Lyons which were gouerned by a Stagge could not be so good as an hoast of stagges vnder the conduct of a Lyon for of Cowards hauing able bodies a gallant Generall may with some conuenient paines and good discipline make victorious warriours as Epaminondas and Pelopidas did of the Thebanes by whom they were enfranchised from the Spartans and albeit in regard of their long slauerie some deemed them vnfit for militarie seruice yet did these Captaines so labour in disciplyning of them as they did proue soone after able and vanquishers ouer them that so tyrannized ouer them before In honour of which nation and vpon their good successe it was written how not onely the Lacedemonians but euen all other sorts of people would become gallant fellowes and victorious through good martiall instruction practise which ought to proceed at all times both in peace and warre For men which are skilfull in the practise and exercise of Armes will not stand in awe of their enemies because no man feareth to doe that wherein he knoweth himselfe skilfully practized It is also common in nature that in laudable qualities especially where multitudes may be witnesses of their excellent readinesse and resolution men loftily will performe the parts of their cunning with great hope whereas the rude and vnexercised souldior is like a sheepe exposed to slaughter Hence is it that Vegetius sayeth that vse in warre auaileth more then sâ—…ength and armour The speciall companions of martiall discipline and veâ—…tue which administer honor and reputation to Captaines and souldiers are labour in businesse fortitude in perils temperance in desires industâ—…ie in doing celeriâ—…ie in dispatching counsell in prouiding The greatest benefit in a Generall towards the performance hereof is in time of peace as fitting and preparing himselfe for warre when there is no danger and in 〈◊〉 times also to seeme and beare himselfe vnto such souldiors if wants and negligence require it like an enemie when he disciplineth and with his enemies in contrary to dissemble himself a friend Menander that he which is not experienced in militarie discipline hauing command of armies doth bring â—…oorth thousands of men for a sacrifice to their enemies if therefore the souldiors bee negligent idle or vnexperienced in their seruice and vse of weapons or in keeping of their rankes marches or formes discipline is required with compâ—…tent seueritie aâ—…well towards inferior Captaines in their priuate transgrâ—…ssions by â—…assiering them of their charge which is to some noble spirits much more great disgrace then the paine of death driuing them to the priuate souldiors march on foote vntill such time as they by their seruice and industrie which they should very well know before they be chosen to gouerne haue practised how to remerite in a common soldiers place the reputation of a captaine recouering and reforming that losse and omission and if they be slack in discipline towards their souldiors which serue vnder their colours and ensignes when duetie bindeth that they should instruct yet if it so happe that some of those Captaines or others of greatest place in the field haue in monitions and perswasions been milde and gentle before and that such lenitie cannot prevaile then is it not expedient that he growe seuere vpon the sodaine least his purpose of extremitie be discouered and the stubborne heartes of his fieldmen become mutinous but by little and little with wary gradation and vpon sure occasion conceale his purpose vntill time bring to perfection his defence before offence bee done which is by conciliation of the more part out of the best and those of the more conformable sort so neere as may be found or taken with courteous encouragement and wily familiaritie winning some with benefits others with the right gylt of beneuolence lenitie pretending towards the benefited his great respect vnto their dueties and diligence declared which course being well entred openeth safely the secure path of seueritie coÌ„cerning others but let him beware in any case that he doe not neglect this as in sodaine changing his mildnesse into seueritie for it will indanger his confusion when he wanteth ayde and countenance of some their better fellowes in his
fortitude were scandalized and subuerted by women Howbeit I doe not here intend from all sorts of women and in anie weightie causes of consequence to make a question of foeminine insufficiencie because in other greater causes of right and gouernment according to the auntient lawes priuiledges and customes of diuers Realmes and Countries there is great reason why they should retaine their immunities as Plutarch writeth was sometimes in Fraunce Cum Celtarum mulieres Consilijs publicis interfuissent in quibus de pace bello tract abatur At what time the French women were alwaies present at their publique Counsels in all matters ciuill and militarie For hee saith in the said Treatise how such articles of confederacie were betwixt the Gaules and Hanniball that the Carthaginian Magistrates should order all wrongs done vnto them by the Celtes and that the Celtique women answerably such wrongs as was done vnto the Gaules by the Carthaginians Which auncient custome being odious to diuers princes of that Realme in posteritie might peraduenture haue giuen cause vnto king Pharomonde of his law But sure it is that many women haue worthely gouerned heretofore in diuers places And diuerse very learned and politicke women such as Aspasia whom Pericles loued and with whom Socrates did often consult Howbeit if Counsels of the state in these our dayes should be referred vnto them I thinke neither the time nor date of their continence and experience would permit the same againe in Fraunce But that I may conclude vpon this point of secrecie for by that peculiaritie Counsellors ought to be chosen and cherished It is written in Diodorus Siculus how the Egyptians did ordaine That hee which opened the secrets of that Commonwealth to his trust committed should haue his tongue rooted out Those sixtie learned Areopagites of Athens did carefully prouide against this crime also Moreouer it is instituted by the ciuile lawes that they which diuulge secret Counsels of the publicke state shall bee burnt at a stake or hanged vpon a gibbet It is required in persons of so worthy place and nobilitie that to this faithfulnesse they superadde fortitude and honest constancie towards the defence and maintenance of iustice and truth both in giuing receiuing and in concealing of Counsell as is warned by the example of Sardanapalus the thirtieth and last Monarch of the Assyrians who through his sensualitie pusillanimitie lacke of grace and of true fortitude was within his huge citie Niniuie besieged by Arbaces captaine of the Medians through whose power and in feare of the Oracle which was fulfilled in suddaine falling downe of a large peece of the cities wals that made passage for the Medians and strooke him with such a present terror he thus feebly consulted and resolued with himselfe vpon a flaming pyre destined to that end together with his concubines eunuchs and treasure to cast himselfe leauing all the spoyles and reliques with that Monarchie to the Medians In the Prince therfore principally fortitude is required and next in his secret Counsellors whose vertues should animate him There is one most excellent note of true fortitude remaining vnto such honourable Counsellors by the example of Scauola viuely manifesting a valiant heart fortified with a iust and vnstained conscience hee when Sylla with multitudes of men in armes had entred the Senate implacably thirsting after the destruction of Marius whom hee would haue had by the Senatours then present denounced a common enemie to the state onely Scaeuola refused to giue voice against him euen when Sylla with most truculencie threatened him to the contrarie saying Albeit thou darest mee with these heapes of souldiors with which thou distressest this honourable presence although thou breath forth death against me yet will not I condiscend in loue of my blood which is both aged and little to denounce Marius our enemy through whose valour and honestie my conscience attesteth how the citie Rome and all Italie was preserued In such cases therefore Counsellors truly valiant feare onely the wrath of God threatening iniquitie least as S. Augustine writeth Through feare or affection in concealing the veritie they seeme more to respect the creature than the creator Vnto this faith and fortitude there are opposites to which diuers in their deliberations and resolutions are vehemently subiect viz. feare being a certaine pensiue heauinesse for some mischiefe future or remote and affection which is a partiall respect of certaine persons beyond the lists of reason Such people therefore are not deemed wise and prudent which feare more than is fit considering that indissoluble accord which is betwixt Prudence and Fortitude according to that wise Prouerbe of king Salomon A wise man is valiant and a learned man strong Notwithstanding the weake opinions of diuers which haue argued in my hearing That wise men cannot be valorous for so much as they summe vp with the counters of reason in the audit of prudence all chaunces and perils which may come in by circumstances and deriuations of matters According to that of Salust concerning Iugurth Quod difficilimum imprimis est praelio strenuus erat bonus consilio quorum alterum ex prouidentia timorem alterum ex audacia temeritatem plerunquè afferre solent And that which was most difficult his stoutnesse in warre and his soothfastnesse in Counsell exceeded the last of which commonly by reason of that prouidence which forecasteth perils doth inflict feare the first through exceeding boldnesse breedeth temeritie A rare position as if there had scarcely beene any meane betwixt cowardise and temeritie Actions both glorious and profitable may not be let slip through feare of vncertaine perils yet if we stand betwixt two dangers let vs with firme valour aduenture vpon that which may best emblazon our honour bearing with it true tokens of our true heroicall vertues and spirits We know by good experience that a timerous Counsellor is by desperation being a fearefull and horrible deiection or consternation of a mind base and abiect conuerted into rash courses euen as rash men are by their temeritie Furthermore it is common in the nature of things chiefely to feare dangers most imminent being more appalled at present perils than is requisite but valuing mischiefes future and remote more carelesly than they should because hopes by times or chaunces may promise some redresse for them But this is both sure and notable Vbi bonum publicum usui est id dubitare aggredi socordiae atque ignauiae est It is the part of a slothfull coward when a man shall feare to attempt any thing which may benefit the Commonwealth A prudent Senatour therefore equally respecteth head and foot for after long consultation and leisure had in expence of time he cannot without great shame and difficultie recall matters which haue beene curiously sifted before as it was spoken of Bomilchar Quâ—… cupidus incepta patrandi timore socij anxius omisso veteri Consilio nouum quaerere noluit Who
as all Philosophers hold it the most naturall and best course of nourishing infants that she teach vnto them frugalitie reseruing and encreasing her husbands stocke with her owne huswiferie In briefe as Freigius in his Oeconomicks noteth that she be modest stout iust and silent In like sort that children should bee brought vp in the true knowledge feare and worship of God in obedience loue and honour to their parents in patience of their fathers seueritie that they bee silent without procacitie when he speaketh that they be dutifull vnto their schoolemasters and vnto those that teach vnto them the gouernment of themselues that they be studious of those arts and professions to which their parents haue applied them that they be taught to loath pestilent idlenesse and voluptuositie beeing the perdition and confusion of all youth from the highest to the basest that they be reuerend towards magistrates and vnto their betters that they bee true in word and deede that they lend dutifull and willing eares vnto the words and instructions of men learned honest and wise that they bee modest For in all his Dialogues wee find that Plato with most vehemence and principally doth adhort parents to be carefull in education of their children verely beleeuing Non posse genus humanum absque gubernataribus vel honestè viuere vel foeliciter gubernari That the children of men can neither liue honestly together nor be gouerned happily without Masters and Rulers Lastly the duties required in seruants are subiection fidelitie promptnesse attention assiduitie with obedience vnto their maisters frugalitie moderation in diet and apparrell truth in matters concredited vnto their truth patience and facilitie howbeit I will as before referre my selfe in this true moralitie vnto the spirit of God speaking in those Oeconomicall precepts and commaundements which were deliuered by the blessed Apostles Peter and Paule in their Epistles and by our Sauiour Christ himselfe in diuerse places and parables of his holy Gospell diuinely shewing and teaching the duties of fathers wiues children husbands seruants and of all other magistrates in their places by the lore of decencie All which Offices of wiues seruants and children haue reference vnto a superiour by which they bee secluded from hauing absolute power ouer themselues Such is that diuine force of order and true disposition in all thinges which are created of God Whether it be lawfull for Christians to retaine slaues to whom the Gospell hath graunted libertie such as in diuerse parts of Christendome vnder the Popes Supremacie be tollerated and vsed being in part naturall and partly legall slaues as you shall find in the imperiall institutions Sub tit de seruis I referre my selfe to the learneder opinions of Diuines Cannonists and ciuile Doctors which can make a perfect decision of that doubt but sure am I that amongst the true professors of Christs Gospell seruitude is disallowed and abrogated by the generall libertie which was graunted by Christ Iesus to them that beleeue Concerning seruants by nature I referre my selfe to Aristotle As euery familie composed is of seuerall persons so doth each Common-wealth or citie consist of many families This assembly being thus associated in the tutelage combination or communion of one Empire and Law out of his owne proper force can maintaine protect and gouerne the state of his affaires by policie being the third part of prudence which as Plutarch defineth in his booke of three Commonweales is that state and order that euery citie should obserue in the rule and gouernment of things We find in holy Scripture how God himselfe ordained this politicall doctrine and order by his immediat seruant and interpreter Moyses proposing an example to posteritie from whence many most behoofefull precedents towards the administration of Kingdoms Estates and Seignories may be taken by this is the Prince himselfe directed as by some diuine caball according to his capacitie and to that grace which God hath poured into the hearts of his secret counsell how to gouerne all the people of this earth For euen as to the Pylot his course and compasse by which he capeth and wendeth euen as health to the Physition and victorie to the captaine so to the Prince and Magistrate the blessed and peaceable life of his people and citizens is proposed that they may grow plentifull in riches powerfull in armes ample in glorie constant and honest in vertue Likewise wee find those policies most excellent which king Dauid the figure of our Sauiour Christ vsed for hee did amplifie the realme of Israel both by peace and warre adorning it with lawes iudgements treasure armes and power encouraged and aduaunced the studies of learning instituted the Leuites Doctors Musitians and other professors of good arts This ciuile prudence doth as it were prescribe vnto citizens their actions conuersing in the maintenance of ciuile societies by the vniformitie of religion vniuersalitie of iustice and vnanimitie in vertuous contemplation and practise whereby they liue together in pietie towards God in honestie one towards another in prudence and tranquilitie respecting their owne priuat and particular estates Aristotle maketh this difference betwixt the Commonwealth and a priuat familie That Iustice by the distribution of equall measure to poore and rich is most specious in euery Commonwealth whereas in Oeconomie the maister of each familie doth at his owne discretion gouerne and dispose matters as in the person of a prince ouer his children seruants and slaues According to the generall opinion of all good writers there are sixe formes of policie whereof the three good are first placed and the three bad drawne out of the excesse of those best The first of the good doth consist of the prince his absolute authoritie ouer the people in yea and nay which men call a Monarchy But of this more at large in other places ensuing Bodin writeth that there are two sorts of Empire or Soueraignetie Vnum summum alterum legitimum illud legibus ac magistratuum imperio solutum hoc legibus obligatum summum autem magistratus est proprium legitimum Maiestatis The first is highest freed from the strayne of lawes and from any subiection vnto magistracie the second legitimate and obliged vnto the lawes but the highest rule is proper to magistrates and the legitimate peculiar vnto Maiestie Wee must consider also that the king is not onely a parent and author of the lawes but a most studious and diligent conseruator and steward of iustice For in the Common-wealth a Prince is placed as vpon a stage whose words and actions the people vnder and about him obserue him if they find iust and of good demeanure as I touched in the beginning of this booke they will imitate if insolent and wicked then will they behaue themselues accordingly Quales enim sunt in Repub. principes tales reliqui solent fieri ciues For such as bee the Princes such are the people in euery Common-wealth sayth Plato Howbeit kings in respect of their Empire are superiour to
if they set their hearts vpon righteousnesse and call vpon the name of the most highest For vnto this precious gift of temperance their nature is most neare because their braines are lesse prouoked by the distemperature of their inferior irascible and concupiscentiall parts The complection therfore most eligible is sanguine aubourne haire of a meane stature vertuously instructed healthfull and long liued And these vnlesse some other defect or violence against nature peruert the same are for the most part endowed with much wisedome and wit of which excellent kind we read in the bookes of the Kings that king Dauid was as faire and ruddie with a comely countenance body well shaped of a meane stature Howbeit we find that he many times through those concupiscenciall motions was excited to sinne yet had God so blessed him that he did not loose that habite of vertue which was put vpon him with that blessing when choise was first made of him to be the seruant of God and vicegerent to rule his chosen people In election of counsellors according to Pliny it was obserued that no man vnder thirtie yeeres of age should be permitted to consult in principall causes of the Commonwealth nor men very aged as after the terme of sixtie yeeres according to Vâ—…rro Which Seneca likewise confirmeth limiting the seruice of soldiers to fiftie yeeres and of Senators to sixtie Per legem annariam For according to that Law the Romanes well knew when they might in respect of their yeeres sue to be Tribunes Quaestors Dictators Consuls or in other offices as it was limited appearing by this of the Poet Ovid. Finit aque certis Legibus est atas vnde petatur honos That age by which men may sue for honors or promotions is confined within certaine Lawes For if in respect of their experience by many yeeres old men be regarded it must be respected that by course of nature they be timerous suspicious incredulous couetous and so much more froward and fearefull as they bee more wasted in yeeres impatient of labour and paine obliuious by which defect diuers occasions are neglected talkatiue obstinate in opinion their vnderstanding dull their heate which is the spurre of action wasted Yong men are likewise void of experience much subiect to vicious affections and pleasures of nature to passions and perturbations of minde so distracted with heat of youth heedlesse temeritie and surcuidrie that they cannot obserue any temper in grauitie neither will the people cleaue vnto their counsells And as that excellent Morallist Seneca writte Iuuenile vitium est regere non posse impetum It is a vice naturally graffed in youth not sufficiently to bridle appetite Men therefore of middle age are to be chosen whose humours are plausible and temperate whose inward affections are delayed with some experience and discretion which can dispose remember and execute matters with a proportionable strength courage and grauitie whose memorie will richly serue them for things past whose vnderstanding to iudge of things present according to truth and whose imagination participating of them both can presage or prouide things to come such men are importuned with thronging multitudes for counsell and are to be chosen as I set downe before by the prince himselfe vpon good experience had of their sufficiencies Yong men admitted to that place are fitly called abortiue counsellors and certaine of theÌ„ like summer fruits of the first season soone ripe fit for the administration of weightie matters but naturally decay quickly some long before they be come to be sound in iudgment but hauing attained perfection in knowledge are the men indeed fitt for aucthoritie most excellent aboue others their wisdome continuing long with them yeelding a faire and commendable light euen to the last spiracle of their naturall life so long as the least droppe of oyle is remaining in their earthly lampes As that most reuerende Father in Christ Iohn Whytgift late Archbishop of Canterbury and the right sage and euer-worthy Lord Treasurer William Cecill declared long after the terme of sixtie yeeres euen to the last period of their breath Such yong towardly plants as are like by the gifts of nature and pleasantnesse of their wit to proue fit in time for such seruice must first be diligenly taught in Schooles and Vniuersities after good knowledge in arts commended with honest and faithfull Tutors attending them into forreine countries there to note and learne good fashions of people with their Languages and such things as I spoke of before in peregrination and then towardes the three or foure and twentieth yere of their age when firmer strength may beare it exercised and practised some-deale in the warres which is a great glory to noble yong spirits and groundeth them in the loue of vertue when armes are exercised with a perfect heroicall resolution and to good purposes as Cicero writeth Prima est adolescenti commendatio ad gloriam si qua ex bellicis rebus compaâ—…ari potest The best honour of a yong man proceedeth from his perfection in armes And according to Plato Liberum hominem maxinè decet armoruÌ„ disciplina equitatio c. Martiall discipline and horseman-ship most honoureth a Gentleman By these meanes hauing well broken the inordinate heate of youth with some manly moderation and experience they may be chosen if the Prince thinke it fit into counsell imployed in publike affares of policie till sixtie yeeres be past and then let them take leaue of their Prince returning to their quiet for the better purifying and rectifying of their consciences seeking after their soules health studying how to die a blessed death and hauing their honors and reuenues enlarged by the Princes great bene ficence towards them The Soueraigne which is the fountaine of these counsels needeth not any rules concerning his apport or carriage in administration of graue and weightie businesses of his kingdomes and state for so much as it should bee presupposed that all the wise consultations and actions of his immediate ministers issue from him as being the fountaine or Loadstarre of their direction in whom all glorie which is attained by the mature deliberations and seruices of them that attend his counsels remaineth And therefore I craue pardon herein if vnhapily some shall imagine me so foolishly presumptuous as to prescribe rules of policie for any princes not hauing sufficient in my selfe to serue those priuate purposes that are required in a single man of meane condition for well I know QuaÌ„ difficile atque asperuÌ„ sit consiliuÌ„ regi aut imperatori dare postremo cuiquam mort alium cuius opes in excelso sunt quippe cum illiâ—… consultoruÌ„ copia sunt I know that it is difficult and harsh to minister counsell vnto a King or Emperor or to any mortall man whose riches are huge and honorable because such persons are plentifully furnished with choise of counsellors Onely this in briefe the respects importing his princely care
or priute seales to delay any cause in iudiciall dependance proceeding by course of law yet shall the iudges proceede with mature expedition according to iustice notwistanding any precept from them directed For what can be said more to the disgracing and disrobing of any king then that which Freigius in the latter end of his politicall questions citeth out of a certaine oration of Scattaius against tyrannie Tu iusticiam imperabis interim tamen iniuriam alijs facies tu officium commendabis ab officij religione deflectes As if he should say Why wouldest thou be king to command men to deale iustly giuing in proper person example of wrong done to others How canst thou commend men for doing of their dueties and offices when thou thy selfe transgressest thy functions and dueties Thus if princes or iudges should preuaricat but a little thē their laws which ought to be the iudges of euery iust prince will restraine and reforme them And if those lawes be dissonant to the spirit of charitie trueth and equitie thē the diuine power sapience of God which are the very iudges of all laws princes iudges on earth wil correct punish them with their ministers Let therefore no partiall respect of power neither priuate affection nor vnexcusable ignorance of those laws which any iudge stewardeth blemish his iudgments For if he be partiall let him consider with himselfe that it proceedeth from affection or corruption which both are incorporate that it cannot be hidden from many men amongst infinite which behold and heare him from so conspicuous a place where all mens eyes are fixed vpon his maiestie and therefore according to Salust aequos bonosque fauere debet vt eius benefacta reipub procedant he must fauour men which are iust and good that he may declare himselfe beneficent towards the Commonwealth And if he be led by affection let him consider how fallacious a passion it is oftentimes opposite to reason euen in the men of honestest natures and constitutions shewing a kind of charitie for the most part where it falsefieth the vertue pulling downe of a mountaine to raise a molehill and to satisfie his affected commonly to deiect and make ruinous such aduersaries which percase euen in a worse case descrue much more affection Lastly but specially let him haue a speciall care to be skilfull in those lawes which he deliuereth and administreth for otherwise his honor is onerous and insupportable For if he shall with all graue and profound prudence consider how chargeable and iust accompt will be required at his hands that hauing much committed to his trust his accompts will arise to great summes not of monies and pounds but of men and people the noblest worke of diuine nature the creature in whom so soone as he was created the creator himselfe exceedingly reioyced and tooke so great pleasure that when through his owne preuarication he was taken captiue to sinne hell and death he ransomed him in the tender and vnspeakeable loue of his holy spirit in the most precious blood of his deare sonne Christ Iesus the righteous sacrifice of his vnrighteousnesse If therefore he counterpoise in equall scales of diuine reason the sacred allegeance in which he liueth spiritually bound vnto God the faithfull obedience wherein he standeth bodily subiected to his prince the zealous duetie which doth by nature inuite him to studie the weale of his countrey pondering these with his naked conscience hee will not only refuse those honors and dignities to sit in iudgement vpon Gods beloued people vnworthily or vnskilfully but rather will choose a death accompanied with the languishing sting of infinite tortures Albeit as Salust thinketh Plerosque non ijsdem artibus imperiū petere postquā adepti sunt gerere primo industrios supplices modicos esse dehinc per ignauiam superbiam at atem agere That many princes differ in their acquisition and gouernement of a kingdome because vpon the first they shew themselues industrious suppliant and temperate afterward in sloth idlenesse and pride passe their liues Euery king iudge and ruler of the people therefore ought to ponder with himselfe how great a part of the Commonweales hope dependeth vpon him which he should with his vertues and innocencie protect whereas all other meanes are forcelesse Yea verely the iudge representeth in himselfe the person of that Commonwealth where he ministreth wherefore he should sustaine the state and honor thereof by conseruation and administration of iustice bearing in carefull remembrance the trust of those things which are reposed in him A iudge is as it were an eye fixed in the kings scepter a priest of diuine iustice and equitie a moderator of the lawes the life of righteousnesse whose voyce is the pronouncer and preseruer of life and death a publike interpreter of the lawes vnto whom as to a common sanctuarie all persons oppressed with dammages iniuries repaire and refuge themselues to be relieued in equity And euen as iust iudgement is fitly defined to be the ballance of equitie the voyce of lawes and consummation of all strife and variance so is the iudge properly called th'interpreter of those lawes the steward of equitie and oracle of the Commonwealth They therefore that are fit and worthy to sit vpon the throne of equitie ought sincerely to be good men seuere incorrupt obdurate against flatterers impatient of smooth tales and secret detraction vnmercifull to them that are remedilesse inexorable in waightie causes of iudgement and such as will not transgresse the precincts of iustice in any case for according to the discretion of Aulus Gellius they must distribute to the king and begger equall measure without inclination or passion towards any mans estate or person as it was most diuinely shadowed in that misticall order of the Areopagites being a counsell in Athens consisting of sixtie citizens which successiuely through all offices and degrees of honor at length attained place vpon the seate of iustice to deale in affaires of state and in tempestuous times to prouide that the Cōmonwealth should endure no preiudice These in the darkest season of the night would decide causes in iudgement at such time as they might heare and not see the parties appealed Hence it is that Cicero saith Vir bonus ponit personā amici cum induit iudicis A good man layeth apart the person of a friend when he taketh upon him the place of a iudge And therefore iudges as saith that most reuerend Emperour Iustinianus must sacrifice pure and vncorrupt hands to God to the kind and to the law least that curse fall vpon them which our Sauiour Christ denounced against the Pharises Woe be to you interpreters of the L◅we for you haue taken away the key of knowledge you did not enter in your selues and them that would haue entred you forbad Amongst other politicke Lawes in Deutronomie deliuered from Gods mouth to the sacred prince his seruant Moses it was commanded
odious in a dogge a snake or any wild beast which is cherished or fedde at your table to bite or maligne their fosterers which is a thing very rarely to be seene howmuch more lothesome and contemptible is it in a man to whom God hath giuen heart and reason of gratification Mercie confounded is with hardnesse of heart vncharitablenesse vnconscionable actions strangenesse amongst brethren and societies being both pernicious to the soule of people and contagious to the peace and vnions of all ciuill states and policies Liberality perishethin these extreamities in auarice which cannot endure the thought of giuing and in prodigalitie dishabling the power thereof These are guarded with infinite vices of which two mischiefes prodigalitie more helpeth in repayring many whereas couetousnesse will not relieue any Vaine ostentation being vndecently slubbered vp and neighbouring auarice is opposite to magnificence there is likewise a proud immoderate and vnseasonable kinde of riotous magnificence accompanied with excesse the daungers of both are much like to the perils issuing from the extreames of liberalitie but of auarice ostentation prodigalitie I haue more at large spoken in the morals of my first booke of offices Friendship being the nauell or vp-shot of all iustice Etiam habitus verè perfectè diligendi alterum proper similitudinem morum Which is a habite of perfect and true loue betwixt men resembling one another in conditions and manners by naturall sympathie shall take place in the bottome base and groundworke of the rest and it is thwarted with enmity which worketh in mens hearts crueltie with hatred whereupon patricides and homicides ingender It is a common saying that such a man hath betrayed or deceiued his friend because the practise and example seemeth very frequent amongst vs in this age according to that saying of Salust Per maximam amicitiam maxima est fallendi copia that where greatest friendship harboreth there hath deceit most power and force to practise but I am not of that opinion how true friendship if it be mutuall and reciprocall hath any port which can open vnto the heart that could entertaine falshood against friends considering that true friendship is naked pure and immaculate according to the definition before expressed Howbeit there is a similitude of wicked natures which combineth men in a kinde of fraternitie which me seemeth may not be called so properly friendship being brethren in euill sacramentally tyed and periuriously vntyed at pleasure to succour loue deceiue and betray one another This in like opposition with the former is the very seede of all disunion and iniustice From hence distractions seditions factions oppressions and diuers sutes arise which neuer haue end nor will but by conspiracies vpon which the prince is many times forced to staine his hands with blood or to loose his soueraignetie Many men neglect this not looking into the danger which dayly stealeth out of it and yet it is easily found if they consider how the seed-time of each yeere present occasioneth the next yeeres haruest ministring store of matter to gorge vp the couetous bags of some ambicious Lawmen Aduocats and Atturneyes Now somewhat concerning that abilitie which strengtheneth iudges and iuridicall magistrates in th'administration of publike affaires To the perfection of knowledge herein it is right behoouefull that they which iudge be soundly read and practised in all the lawes Ciuill Cannon and prouinciall consenting with the lawes of those nations where men liue and also the lawes of all neighbouring Commonweales politickely gouerned whether they be Christian or pagane conferring them with the ground of all good laws deliuered first by God to the sacred prince Moyses his seruant in the decalogue as also that he studiously peruse all the bookes of Moyses wherein the politicke statutes and ordinances deriued from the fountaine of his vnserchable wisedome are touched as in the bookes of Exodus Detronomie Numbers likewise in the Iudges and Kings Nay let him peruse the whole volumes of the new Testament wherein he shall find the true formes and treasure of all good lawes and iudgements Likewise let him conuerse with the lawes of the ancient Egyptians which as Diodorus recordeth them are like in nature to these our Brittaine lawes from whence together with the secret misteries of their gods those ordinances were by Orpheus translated into Greece also the Troiane and Greeke laws from whenceour Nation as I before declared did receiue their first orders of gouernment the lawes of Saxons and Danes when they did inhabite vs conferring them seuerally together pondering which neerest cohere in precepts vniformitie with the sacred Decalogue It is also most commendable and would adde infinite riches to his iudgement if he can by diligent reading attaine the Lawes of all principall States and Kingdomes in this age established as in Spaine France Portugall the free States of Italie the Empire of Germany the Cantons of Swizzer-land the Kingdomes of Poleland Hungaria Prussia Moscouia with such like most of which although they be gouerned by the lawes imperiall haue not withstanding Edicts customarie prescriptions retaining legall force which are most fit and worthy to be knowne Also the Lawes of the Turkes of the Persians and of any strange heathens in the world which are partakers and be gouerned by rule of reason This Science with the riches of that knowledge which may be gotten by the same together with the iudicious conference of one with another I cannot sufficiently declare nor commend neither if it were possible for a man all other means being wanting thervnto to liue vntill he had visited those nations and had soiourned in each particular countrey till he were acquainted with their seuerall Lawes and orders could his paines answere the least part of benefit which that knowledge will dispense In publicke iudgements which according to th' imperiall Institutions are so called because the execution of them is referred to any of the people it much importeth him to be very skilfull cōferring them to the benefit of his priuate iudgement with the publicke iudgements as in cases criminall of his owne nation Of these some being capitall and the rest not capitall those which are doe punish with death or perpetuall exile as it was called by the Romans Interdiction from fire and water by which was intended an exclusion from all other benefit or comfort of his natiue Countrey Such were those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Freigius defineth being persons cast out or banished from all ciuill societie and they were called deportati or relegati by the Romans to whom was this interdiction of fire and water or the prescription and abdication of people Other iudgements vpon defamation proceed with pecuniary mulct which are also publicke and not capitall Howbeit publicke iudgements principally proceed in matters of maiestie touching traytors against the King or Common-wealth punished with losse of life and extirpation of their remembrance after their death in attainder of blood and destruction of their
houses which should be demolished All criminall causes according to the forme of our Lawes are either treasons or felonies and those courts in England which are ordained for tryall of them that stand appealed for such crimes are the Kingsbench or Gaole deliueryes Which iudgements are through all Counties of this Realme once each yeere at the least and in some oftner according to the greatnesse of the shire and of that necessitie which may happen vpon the manifold offences tryable where the factes were committed if it bee not otherwise determined by the Kings priuie Counsell Treasons according to the lawes of our Nation are crymes of such heinous nature as either concerne the Prince in his life or State As when a man compasseth or imagineth the Kings the Queenes or their eldest son his death the violation or constupration of the Queene or of the kings eldest daughter vnmaried or of the Prince his wife the levying of war against the King in his Realme or abroad the counterfeiting of his great or priuy Seale or of his moneys th'importation of false money counterfeit to the stampe of his Realmes and knowing it to be false to kill the Ghancellor Treasurer or Iudges of the Kings bench or of the common plees or the Iustices in Eire the Iustices of assise or any Iustices of Oyer derminer doing their offices there is another petit treason when a seruant slayeth his Master and a wife her husband a man secular or religious any Prelate to whom he oweth faith and obedience Moreouer if any thing should happen vnnamed respite must bee graunted till by Parliament it be adiudged and ordayned treason or felonie Paricides such as kill their parents openly or closely and such as are either accessaries or abettours punished with extreame torture of death according to th' imperiall Lawes Howbeit such as kill their kinsfolke or allyes vndergoe the law prouided against murtherers Felonies are of diuers natures including any capitall iniustice as in life or liuing towards diuers persons of which some be murtherers others in theft and robberies and some in deceit appendant to that nature but in a more venemous degree Murtherers therefore which with artificiall instruments poysons or sorceries take away the liues of people according to th' imperiall lawes are punished with death Theeues secretly stealing and purloyning publicke treasure or sacrilegious persons yea Iudges themselues if hauing charge of any common treasure they should imbezill the same with all assistants receptors and abbettors are condemnable to death Other thefts not of such heynous condition are satisfied with exile The rapes of widowes wiues or virgines are comprehended herein by the same punishment Falsifying or counterfeiting of written Chartiers Euidences Records Leases or counterfeiting of seales with such like of the same nature punished with death Publicke violence which is done with weapon or artificiall instrument finable to the the third part of his goods which offendeth Pettie thefts sometimes with losse of life and in certaine cases with lighter punishment at the Iudges discretion The lawes of ambition of requiring a restitution of goods taken away with those that concerne victuall c. are all handled in the publike iudgements expressed in th' imperiall Institutions For as much as concerneth the studies and readie knowledge of our owne Lawes I haue sufficiently spoken before In iudgements criminall generally requiring the deepest and soundest discretion of Iudges there is one question which I haue heard controuerted Whether in them it be better and more expedient to shew mercie then rigor but it is by the stronger part of opinions confirmed that in the gouernment of a multitude where the crimes are treasonable or infectious seuere punishment much more auaileth then lenitie Which Tacitus no lesse sagely though liuing in a tyrannous Empire doth confirme Yet forsomuch as it is no part of my profession but in somewhat impertinent to declare the substance of all these causes criminall according to their natures I will pretermit and handle only such things as are required of a Iudge in his general decision or execution of them Punishments therefore are either frequent or rare mitigate punishments of multitudes together with frequent practize of them And he which hastily proceedeth to sentence of condemnation will be generally said and condemned to haue done it willingly If occasion so require that for a genenerall good and quiet a multitude must vndergoe punishment make specious demonstration that it is onely done to preuent further offence and not in regard of the fault shew neither wrath nor gladnesse in punishing inflict not any strange or extreame punishments for they be dangerous the Iudges which punish after new fashions are vndoubtedly cruell Be not partiall in punishing as in dealing more seuerely with some then with others whose faults are of equall qualitie Neither be present spectators at the execution of malefactors which violent irous appearance hath drowned many princes in the blood of their Tyrannie And whereas it doth happen frequently that many persons and some of the best estate and qualitie cannot be punished with death but with the great danger and hatred of the Iudge which he should wholy neglect honourably respecting the person of veritie represented in himselfe it is required that in heinous causes all the heads be cut off together and that not leasurely one by one For often reiteration of blood giueth suspition of mercilesse truculencie stirring malice in many men and pleasing few onely the due respect of seueritie bent against them whose pardons are full of perill presently washing out the note or malice of that seueritie with remission and indulgence of other offendors whose crimes being of a more humble nature include not much danger in them Hauing and retaining alwayes a precise respect of the natures and qualities of the persons offending and of their offences according with that rule in Salust Vos sceleratissimis hominibus quiaciues sunt ignos◅ere aequo animo paterer ni miserecordia in perniciē casura esset I could be contented that great offendors shold be pardoned were it not that such mercie would turne to mischiefe Onely this should be regarded that amongst many persons combined in offence a few of the principals be cut off Necem etenim paucorū aut vnius hominis calamitati publicae maiores nostri semper anteponendam esse putauerunt Our fathers alwayes thought it expedient to preferre the death of some few persons or of one man rather then to permit a generall calamitie by the effusion of much blood It hath been anciently customed but I will not prescribe such dangerous phisicke to wash away the enuie of blood-shed with shedding the blood of certaine vile persons as sacrifices piacular against publike hatred as I noted in my first booke by the example of Sir Richard Emson and Master Dudley in the second yeere of King Henry the eight To great offences therefore either presumptuously or bloodily