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A68283 Foure bookes of offices enabling privat persons for the speciall seruice of all good princes and policies. Made and deuised by Barnabe Barnes. Barnes, Barnabe, 1569?-1609. 1606 (1606) STC 1468; ESTC S106957 238,357 234

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bee much violent for the time yet they continue but a little time and now the title of brethren is gone in respect of the body politicke for wee bee much neerer than before Hengist hath married with Scota euen as Henry your Maiesties royall father the sonne of L. Matthew Stuarte and of Ladie Margaret who married with your mother Mary daughter to king Iames the fourth and to the Dutchesse of Longueuille after the death of her first husband king Frauncis the second grandchild by the first ventre vnto that good prince of renowned memorie king Henry the seuenth as your Highnesses father was by the second ventre so that it may most fitly be said concerning that blessed coniunction of those two faire and peaceable planets Nuper ex atrocissimis bellorum ciuilium vulneribus paulispèr respirantem amplexi sunt libertatem huius insulae Iacobus quartus Margareta Scotorum coniugio sociati c. Out of the late most bitter wounds of ciuile warres Iames the fourth and Margaret being knit in wedlocke together haue embraced the liberties of this Island euen when it began to faint and draw a weake breath This happie marriage of those two beneuolent planets portendeth the weale of Christendome for in it by a double vnion twice vnited in bloud once by the sacred vnion of the two royall families of Yorke and Lancaster and after by that second vnion in marriage of a daughter and a sonne that a mother and this a father both of them out of the bodies of king Henry and Queene Elizabeth is this match made betwixt Hengyst and Scota more firme than euer at the first when Brutus raigned ouer them before their separation in the persons of Locryn and Albanact Iam non sunt duo sed caro vna Which sacred circumscription was figured and stamped in a peece of coyne of your late royall parents vpon their vnion figuratiuely presaging this vnion also Since therefore these nations thus coupled in one bodie be both of them knit vp in your Maiesties royall person and posteritie there is not any doubt but that they will liue loue and accord in sincere vnitie together perfecting and accomplishing that generall peace of conscience which was begun and yet continued from the first of your Maiesties late dearest sister her beginning in reigne euen to this instant of your gracious gouernment your Highnesse representing the person of this auncient Brittaine comprehending the new spouse Scotland within your princely bodie though your royall residence be kept with vs as in the bride-groomes chamber hath that vbiquitie by God graunted you touching the ciuile supremacie which his omnipotencie retaineth ouer all creatures For though your Grace being head doe not really touch certaine parts of your Commonwealths bodie yet that power and vertue which is contained in your heart liuer and lungs doth gouerne and moderate in those places by direction of that head which commaundeth and predominateth all the members insomuch as they neede not say that the bridegroome is taken from them and that they shall fast because they conuerse with him in power feasting with vs vnder his goodnesse for wee bee children of the bride-chamber all alike And it is not to bee doubted but that this new bride will declare her true loue and loyall demeanure towards her husband whatsoeuer sedicious or malecontented spirits mistrust or misconster for shee is from the first bud of her youth acquainted with her husband hauing a perfect and infallible notice by long tryall and hath sincerely plighted her faith What is he then worthie that would in the roote of all bitternesse seuer the barke from the tree by nefarious breach of this blessed vnion that I may speake vulgarly sowing the seede of dissention of intestine garboyle and burlyment amongst auncient brethren by making the peaceable members of one bodie to rebell against themselues and against the will of God Let them that haue scarcely sucked so much as of the vile dregs of nature iudge hereof For if two weake ones vnited make a competent strength then certainely two nations so combined and of such force beeing seuerall such as haue borne battaile and confounded the puissantest princes of Christendome may very well grow most mightie by their vnited force whereas if they should not now confirme themselues in vnfained amitie which God hath commaunded it must necessarily follow that it had beene a million fold better for them that they neuer had knit in that nuptiall band together for then will they both of them loose their owne forces in mutuall resistance opening their glories to the spoyle of base and despised enemies We now stand one in more need of another than euer we did before if wee consider it and onely because we haue incorporated our hearts lawes and obediences together vnder one God and one King which hath not beene of so many hundred yeeres past Nam vtrumque per se indigens alterum alterius auxilio indiget For both of them being single and standing in some neede of succour may stand one the other in steede with their owne succours This if wee ponder with franke and honourable accord and shall ioyfully rouse vp and vnite our noble spirits together with all heroycall obedience and true magnanimitie vnder our dread Soueraigne for him against his enemies as we haue alreadie done our kingdomes for if we will endeuour and accommodate our selues but to this our blessing of vnitie which euery vaine foole vnlesse the false tempter bewitch him will apprehend with all comfort profered from so sweete good and gracious hands of the Lord of our hoastes then Neque orbis terrarum neque cunctae gentes conglobatae mouere aut contundere queant hoc imperium Neither the whole world nor all the nations and people of this earth assembled in hostile troupes shall haue power to shiuer or batter down this our Empire Hereof let vs prudently consider being a matter of such high consequence for no mans imagination apprehension precaution or prouidence can bee so strong in this case as is requisite Nam de futuro nemo omnium satis callidus prudensque est Let vs therefore prudently consider and it shall appeare how both these kingdomes which were so long seuered heretofore haue beene from the first remembrance which is remayning of this Island since it was first inhabited by Brutus who shared it amongst his sonnes and after him long and many times made one bodie and how standeth then the present state of them in comparison Euen as one auncient tree lopped off from the bole wherein by processe of time diuers old Danish Saxon and French graffes haue beene planted which take their vertue from the roote of that ancient Brittaine stocke including England Scotland and Wales by times continuance reincorporate and flourishing out againe in one fruitfull tree So that in the persons of your Grace and of your sweete spouse in whome the fruits of all these nations now prosper these seuerall plants graciously sprout
Caesars Hoasts when he marched to fight diuers Rauens and Vultures did houer and that two Crowes prodigiously with their wings and tallons eager in combination strooke at his Beuer wherupon auspiciously came an Eagle which combating against their violence slewe them both and then immediatly perched vpon his imperiall crest This ominous prodigie by the Augers was interpreted sinisterly that Caesars insuing gouernment should be tyrannous since which time the Romane Emperors haue alwayes borne in their ensignes that royall bird with which fortunately spreading his wings against their enemies the Romanes did generally tryumph in many victories and conquests This Eagle also viuely representeth vnto vs your Maiesties person being onely your Highnesses scepter-bearing bird with siluer fethers which with his auspicious wings shadoweth the crownes of this Britaine Monarchie with peace of soule and bodie rooted in your blessed posteritie for euer Vpon earth next to the Sunne and ayre that aufull Magistrate if of his Maiestie men may so terme the Lyon bearing the scheme and figure of magnanimitie which hath dominion ouer foure-footed beasts is another portly representation of a perfect Prince for he despiseth dangers remēbreth obserueth him that shal woūd his bodie thogh he be impaled with millions of men thē he mercifully spareth which vpon his pursuit prostrate their bodies women and children vnlesse vpon extreme hunger he wil not hurt Vigilancie being another right royall garbe of a carefull prince was portended by the picture of alyons head forsomuch as that beast onely sleepeth with his eyes open Qui tanquam sol patenti igneoquèoculo terram conspicit This noble creature in the person of fortitude vpon the right hand supporteth the royall Escucheon of your imperiall crowne assisted in our late deare soueraignes and your Maiesties famously remembred sisters gouernment with prudence and vigilancie portended by the Dragon and since her death if it may bee so called with temperance not exchanged but as with the perfections of all vertues relieued or reuiued rather in your Highnesse Vnicorne of all these your blessed Maiestie royally participateth as in the person of a true vertuous and sanctified king vpon earth Vile is that wretched analogie which the corrupt Florentine Secretarie Nicolo Machiauelli seruant to Duke Petro di Medici did in his puddle of princely policies produce betwixt a true Prince and a mixt monster resembling him by the example of Achilles who was instructed by Chyron the Centaure vnto a lion fox importing his strength caution in all affaires whereas it is well knowen how no true prince can aptly be compared to that vnsauory curre if the very royall minde which amply possesseth euery iust King bee respected For why not much more fitly might the comparison of Kings with Eagles then with base Foxes haue sorted if that imperiall birde which in opposition with his eye-brightnesse amiably looketh into the sun can search and penerate into the perfection of wisedome and knowledge being figurately shadowed in Phoebus or Apollo bearing also with him the thunderbolts of Iupiter who mystically reueileth soueraigne Maiestie to grinde burne and consume into powder the violence of his enemies semblably me seemeth that there should not be found any such difference in the state and condition of Princes which the subtile Italian Sanazar made of a Pope in his time that he was Bonus Princeps malus vir because he knew well how to gouerne and did rule the people well hauing no proper facultie by moderation of his owne appetites to bee good vnto himselfe for as Cicero citeth it out of Ennius Nequicquam sapere sapientem qui sibiipsiprodesse nequierit being intended there by the minde onely so certainely cannot any Prince be verely good vnto himselfe if he doe not gouerne his flocke which is the greater part of himselfe in the feare of God and exercise of Iustice whence it was that Homer termed Agamemnon in one place 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in another part 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aswell for the pastorall charge as for the prudent counsell and assiduitie required in him towards that function Sanctitie Iustice therefore as I first said by the propagation corroboration and aeternization of all crowns and Monarchies are the two maine pillars of principalitie being those inseperable adiuncts of your right royall Maiesties lawfull and victorious quadruple crowne of Great Brittaine France and Ireland composed of the 4. cardinall vertues which in this ensuing myrrour framed out of the 4. immediate ministers or columnes rather of kingly Maiestie with all humble dutie subiecting thē impolished as they be to your princely eyes I present to your royall hands vnder a special pardō for my boldnes in daring as a poore vnlearned Scholler which offereth his ignorance in some rude exercise vnto his learned Schoole-master to trouble your sacred Maiestie with these imperfections Howbeit as euery man which writeth ought to rest vpon leane vnto the grace of his Patrone so can it not choose but that hauing chosen so gracious a Patrone farre exceeding all other in goodnes I shall finde more true grace and beneficence out of your royall nature for this one Caracter of my bounden dutie respected by such a Soueraigne then by the beneuolence of any subiect And therefore I presumed to your high Grace being the Castalian spring head which the Greek Sages did say to be patronized by that bright Lord of wisdome Poetrie thinking there after my labours to refresh my troubled sences where though vnworthy to tast yet shal I receiue some ingenuous alacritie by seeing that pure preciously-purling current And that I may the more to my consolation contemplate the royall sun-shine and serenitie which enuironeth your sacred temples though your Grace lay not apart the beames of your Maiestie yet vouchsafe I beseech with your diuine annointed hands to annoint these eyes of your humble subiect with the balmie dew of your gracious beneuolence that I may bee the better inabled to looke vpon that consecrated Orbe of true maiestie for had I been so timerous or faint as in the regard of the vnworthinesse of my Booke protected the same by some priuate friend then had I somewhat withdrawen from worth of the matter which howsoeuer the methode and disposition thereof deserueth doth also merite a royall Master and had miscarried in the manner of my proceeding also thinking that because these foure insuing estates immediately ministring vnder all crownes in euery Common wealth are protected by royall soueranitie your Grace was fittest also to patronize these my simple studies wholy conuersing in the properties and attributes of those Offices which shall bee most highly honoured by the maiesticall protection of such a vertuous King to his poore subiects exceeding comfort My consideration therefore was that your Highnesse out of the Princely nature which God with your Essence hath infused would deigne so simple present of a poore Scholler with the beneuolence which your Grace natiuely doth extend to learning
bestowing thirtie thousand crownes he gained cleere threescore thousand and had a quicke returne of his money But the bruit hereof beeing brought vnto the tyrant Dionysius albeit the money was not taken from him which many miserable tyrants would haue done yet was hee banished from Syracusae Which punishment was so much the lesse by how much the more that tyrant was taught by the like precedent These such like Monopolies where many businesses are handled for the Commonwealth are onely fit for princes and not to be diuolued or vnaduisedly bestowed vpon marchants or other subiects forsomuch as they procure a generall malice of the people for a priuat mans thankes vnto the prince and some princes get not so much as thankes The quantitie likewise ought to be measured by the rule of their owne faculties which bestow them the persons vpon whome it is bestowed respected according to their worth and qualitie taking good heed that they benefit not their friends by preiudicing strangers or oppresse any to maintaine the report of their liberalitie breaking that bubble of vaine glorie soone puft vp with emptinesse which allureth babes and fooles into the bottomlesse waues of confusion Suum namque cuique in commodum ferendum est potiùs quàm alterius commodus detrahendum In giuing therefore respects are had vnto the qualities of those persons benefited not to their fortunes Melius est enim apud bonos quàm apud fortunatos beneficium collocari saith Cicero all eminent tokens of good knowledge and vertues in people must be cherished and encouraged with beneficence such as loue them much should be rewarded with much which is intended by the interior and not any exterior speech as for meere affection onely not benefiting flatterers which intirely loue for lucre considering how the cares of this fraile honour with the deceitfulnesse of riches fleshly lusts enter the thoughts of such Sicophants possessing their hearts and choaking the diuine grace within them which is made vnfruitfull also they that by such deceit seeke riches vndoubtedly fall into temptations snares and into manie foolish and noisome lusts which drowne men in perdition They therefore that in giuing vse these respects resemble fruitfull grounds yeelding much more graine than they receiued when in a charitable respect and for necessitie sake some bee rewarded that haue not any manifest tokens of desert or vertue requiring it which in such good and sound discretion consoundeth melodiously with the giuers vertues and dignities Yet for so much as the number of people crauing and wanting is infinite reliefe and preferment must extend in speciall to their owne countreymen nationals friends and fellowes some of which are woon with a resemblance in fashions manners and conditions others with benefites and gracious offers mutually done and receiued Which obseruation likewise seemeth in Salust who writeth That Vbi Romani virtute pericula propulerant socijs atque amicis auxilia portabant magisque dandis quàm accipiendis beneficijs amicitias parabant Malicious parasites and picke thankes the canker and rust of iust honour and riches must bee blotted out of the bookes of your beneficence as the most vngratefull vipers of nobilitie for if they find your inclination to their subtleties then will they neuer cease like a Northeast wind till they haue blasted all before them both stocke and reputation Malitia namque praemijs excercetur vbi ea dempseris nemo omnium gratuitò malus est By these meanes likewise may circumspect princes aucupate the seruices of informers tale-bearers delators and promotors not by proposing the liuings and goods of condemned persons vnto them for reward but by feeding them onely with money Ne praediorum quaerendorum proposita spe ad calumniandum impellantur sin autem delatoribus praemia eripiantur vix est vt vlla peccatorum vltio sequatur Wee haue here in this our Commonwealth much like order obserued as that any man preferring iust information against priuate persons transgressing the statutes penall shall haue for his meed halfe the forfeiture and penaltie limitted which if in other matters capitall and of more moment it were permitted would bee a sure and vndoubted meanes to restraine many crimes and hainous transgressions of people There is likewise a kind of Liberalitie most expedient which Cicero calleth beneficence being as it were a willing habite or inclination moouing men to doe good This goodnesse hee defineth by the similitude of them which will not restraine the course of a riuer freely running as not maliciously crossing anothers preferment when it withdraweth not one mite from their owne but further or aduaunce it rather The contrarie to which is very rife in euery princes court at this day Likewise it is held a kind of Liberalitie to giue sound and honest counsell from a well-willing heart to the best of their cunning vnto such as will consult with them this is a Liberalitie from a faithfull Counsellour peculiar vnto his prince and countrey which faithfulnesse ought mutually to bee recompenced vnto him by the prince with honour and dignities for wee read it in the Psalmes of that blessed Prophet Dilige bonum servum vt animam tuam tracta cum vt fratrem tuum Good Princes therefore will shew their beneficence vnto good Counsellors being absent present aliue or dead euen in aduauncing their children to those offices after them if they bee found worthie Which truly royall beneficence hath woon so many good counsellours hearts that not onely they haue left all their lands and possessions at their death vnto the king but some of them haue most ioyfully sacrificed their liues for his safetie The third strayne of beneficence is by similitude of him that giueth light vnto the torch of another from his owne for this is a neighbourly beneficence not hindering his owne in lending helpe vnto friendes and countreymen Which kinde of honest lending and dutifull repayment is very needfull and commodious being a true vertuous braunch of Liberalitie as is witnessed by that royall Psalmist Vir iustus liberalis est mutuum dat declaring that lending is a member of Liberalitie which vndoubtedly tendeth to the conseruation of humane societie Thus much least I should wearie my selfe or the Reader with matters too vulgar and generally knowne I thinke sufficient for this Office Howbeit there are many things which I would and may not set downe and much also which I cannot though I would most gladly because I want meanes to attaine vnto the knowledge of some speciall secrets in this Office of Treasurers howbeit finding my force vnworthie such mysteries I rest well satisfied with these ordinarie rules referring my selfe to some things which as occasionshall offer in this Booke ensuing do subalternatly respect it Finis Libri Primi The second Booke of Offices IT is a most chargeable burthen heauily leaning on princely shoulders to gouerne by the compasse of sapience to minister iustice with equabilitie to bridle the boldnesse
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
rule of a kingdome being reuiued in the Consuls out of the gouernment Aristocraticall represented by the Senators and out of the Democracie manifested in the Plebeian Tribunes a firme and absolute Commonwealth was fashioned Those Monarchies which are esteemed most perfect and excellent at this day being established by the Senate or Counsell of most prudent persons aduaunced for their true nobilitie to that place with a kind of consent and approbation of the commons doe moderate and nobly restraine the princes force within the limits of his owne lawes made and published for the benefit of his people generally by which meanes their wealth peace may be multiplied conserued especially when the crowne is not bestowed vpon any through suffragation as by briberie faction or affection but by royall right of heritage to princes next in succession by blood as it is in this renowmed monarchie of Brittaine vnder your maiesties imperiall Scepter at this day for euery good Commonwealth is vnder iust gouerment with excellent counsell conserued and amplified neither can it but of force must otherwise be ruined and perish For as much therefore as euery Commonwealth consisteth of a multitude which should liue in vnitie together vnder one God one king and one law I will speake somewhat of the incorporation and harmonious vnion of people and nations one within another So much the rather because the present state of our monarchie thus confirmed and happily lincked in vnion requireth it in this semblably with all requisite humiliation as in all other things yeelding and submitting my iudgement to the correction of wisedome The first and best forme of gouernment and empire is where one king moderateth and ruleth all nations vnder his dominion vnited according to the true spirit of vertue which domination is properly tearmed by the sages of wisedome a monocracie for it representeth the perfect ordination of nature by which euerie multitude and deformitie submitteth it selfe to some one thing which gouerneth the same euen as all things mooueable are reduced vnto the first moouer or centre from which all Lines Elements and Dimensions are deriued For proofe hereof Herodian in his historie writeth that Darius vpon a consultation how the Persian state might be best established as a paranymph by the liuely force of a most eloquent oration defended the forme of a monarchie which the Persian senate did also with one voice applaud declaring and proclaming him their king thereupon The like part did Mecanas defend against Agrippa before Octauius Caesar and preuailed both their copious and effectuall orations are yet extant in Dion Cassius To confirme this both by diuine authorities and humane nature the blessed Apostle saith that there is one head one spirit one lord And it is written in the prophet Ezechias My seruant Dauid shall be their king and onely shepheard oner them all Also wee find in the gouernement of nature amongst bees one chiefe one guide amongst cranes one emperour or king amongst nations vnited in obedience to the righteous scepter of one and one iudge or president ouer euery prouince When Rome was first builded it would not endure the gouernement of two brethren equall in empire And in sacred monuments we find that Iacob and Esau disagreed in the very wombe of Rebecca Vnum etenim arbustum non alit duos Erithacos One bush will not admit two ruddockes at once vpon it Neither can the Empire or kingdome of any brooke two Phoenixes to liue at once Nature also instructeth and teacheth vs how one ocean imboketh many riuers which as contributaries subiects suppliants and weake ones haue recourse and admittance into the strong bosome of the vaste seas In a Monarchie therefore and in the whole course of euery good policie these three speciall are most certaine and faithfully to bee receiued The first is one God without fellowship in power and vertue whose sacred iealousie will not admit of any copartener or competitor according to whose precepts and instructions deliuered as it is written in those holy bookes to his faithfull seruants Moyses and Aaron and after to the blessed Patriarkes then to the diuine Prophets and lastly by the blessed mouth of Christ Iesus his sonne our Sauiour vnto the sanctified Apostles without addition or diminution our true Religion Catholicke being the vertuous baulme of our mortified soules and bodies wounded with the darts of sinne and death and extracted out of the most precious and inestimable substance of our saluation is immoueably grounded The second one king who semblably without any competitor or associate coequall in his authoritie doth represent in himselfe the very person of royall iustice according to that excellent verse of the Poet Nulla fides regni socijs Omnisque potestas Impatiens consorti●… erit There is not any trust to be reposed betwixt fellowes in Empire for each power is impatient of a competitor The pa●…ts of a true prince as Plata defineth is Ex lege more regere To rule by law and custome H●… being thus placed in the throne of royaltie sheweth Go●… high fauour and deare loue to that people whom hee graciously gouerneth by those wise and godly rulers which vnder him sit on the throne of Iustice wherein likewise the king sheweth his owne excellent prudence that can by good discretion make choice of such excellent magistrates Hence was it that Queene Saba did magnifie king Salomon aboue all the kings on earth in these words Blessed be the Lord thy God which loued thee to set thee on the throne of Israel becaus●…hee loued Israel for euer and made thee king●… to doe righteousnesse and equitie c. In the King therfore is comprehended the power and vigour of those humane laws which proceeded from his diuine Sapience answering to the natures of his people and consenting with the time●… necessitie which he stands obliged to protect with the maiestie of his state antiquating such ordinances as haue beene formerly thought behoofefull and not presently seruing in such needfull request as before for in the Prince and in his Lawes hauing entire reference and respect to the true worship and lawes of God which is the principall all Kingdomes Nations and People are preserued gouerned and maintained in glorie wealth and tranquilitie And hence is it that the Prophet Dauid sayth Giue thy Iudgements to the King O God and thy ●…teousnesse vnto the Kings sonne that in Righteousnesse hee may iudge thy people and the poore in Equitie●… The mountaines and hils shall bring peace to thy people by Iustice. For which speciall and singular glits and vertues of Righteousnesse Concord and Iustice Kings and Princes were first ordayned whose institution was diuine and heau●…nly and by the most bountifull and gracious ordinance of God appointed for the weale of his people Also they that were so chosen in regard of their prudence humanitie temperance and other excellent faculties wherein they surpassed all others were therefore called to the gouernment of people and
Heluius Pertinax haue voluntarily renounced and resigned vp their estates according to that saying of Cicero Multi sunt fueruut qui tranquilitatem expetentes a negotijs publicis se remouerunt in hijs nobilissimi Philosophi principes hominesque seueri Many great Philosophers princes and graue persons are and haue bene which in their loue of tranquilitie resigned all their publike reputations and offices But to proceed in my discourse certaine it is as I said that men naturally be so much the more ambitious or ready to take hold of that poyson how much the more they be fortunate onely malicious flatterers such as haue put vpon their hearts that vicious habite of speaking and soothing men vp in all things plausible vnto them ytching their eares with painted hopes kindling discontentment in them against other great persons fellow counsellors neere their soueraigne hatch ambition in the hands and hearts of them which haue alwayes bene busied in mightie matters ministring some salt cause of vnsatiable heat and thirst of reuenge against their peeres vpon some vnperfect grounds plotted and leuelled by their turbulent and malicious heads and hearts And this out of their spightfull humours tending intirely to the alteration ruine and spoyle of their countrimen is set abroach as in a late counsellour and peere of this land too plainely was seene which occasioned his ouerthrow Credulitie before touched is a meane to moue these perturbations which neuer can happen to that counsellor whose actions and consultations are honorably directed in the true feare of God and of his prince who will not permit any trust of such matters where the vulgar beareth standard vpon whose force and faith relying diuers princes and potentates haue mainely miscaried with losse of their states and liues and some also by pertaking with them in their vnperfect quarrels which leaning vpon their succours aimed at such dignities as neither were preordained nor fit for them for they be variable giddie headed sedicious full of discord couetous of innovation and enemies to peace and tranquilitie And therefore that most learned and noble poet Scalliger addeth his suffrage to this opinion very fitly in these words Qui pendet ab errore opinione vulgi Pendet magis at que arbore qui pendet ab alta He which dependeth vpon the error and opinion of the vulgar holdeth more nicely then he which doth hang ready to fall from the highest branch of a tall tree Most of which being enraged with a lust of Innouation would willingly strangle themselues in the throat of the Commonwealth though they partake with traitors and highly fauour the treason yet if they finde it once displayed and boulted out for their hearts are prone to tumult then will they presently curse him that marshalled them in their treasons shewing themselues most forward in apprehension and punishing of him and of his follwers And if their Arch-captaine in that commotion or sedition be taken or if his practises be frustrated it hath beene alwayes noted that they then begin most vehemently to commend him which is was his greatest aduersarie whom doubtlesly they would had fortune otherwise turned haue miserably massacred and slaughtred declaring like apparant Camelions which turne colour with euery die great gladnesse in their feasts and bonefyers as if they were deliuered from that seruitude which like faint-hearted hypocrites and time seruitors they first desired hunted for The like example was seen amongst those rabble of the Romanes which did partake with Catyline so long as his treasons tooke good head but when he grew weake and remediles then Mutatamente Catylinae consilia execrari Ciceronem ad caelum tollere ceperunt The case being altered they with execrations condemne the counsell of Catyline extolling Cicero to the heauens It is therefore found great weakenesse in wise men to trust vnto the rude ignorant and vndisciplined multitude and he which is instructed in morall Phylosophy will neuer put affiance in them vnlesse it be where their Captaine is the best man in field and where they must either fight like men or die like dogs without resistance For by Phylosophy men are taught as I said before to know themselues and how to measure and master their owne force Example of this is recorded of the Gracchi of Spurius Melius For though it be as was before said commendable and necessarie for vertuous counsellors to regard and make sute for dignities and preferments at their princes hands whose faithfulnesse diligence and generall good desert worthily may require the same so doth it without all doubt import the contrary when they by wicked means would aspire to soueraigntie which happeneth commonly through neglect of Gods worship and contempt of their liege soueraigne none of which as it is generally found in all writers of Hystories or Chronicles haue long enioyed that which by such impious and vniust meanes hath been catched and most of them perished in the beginnings and executions which with some examples I thinke it a thing not impertinent to confirme Agathocles the Sycilian sonne to a Potter through his malicious quicknesse subtilties attained by fauour of the Syracusians first to bee made their Pretor and after through helpe of his friend Amilchar Generall of an armie which then serued in Sycill with whom he conspired hunting ambitiously for the soueraigne power of that State at a signall giuen diuers armed persons sodainly rushing out in a chamber where the principals vnder the pretext of serious consultation were assembled slaughtered the Citizens and Senators wherby he became prince of that State After that precedent Olyuerotto di Fermo by treacherous murther of his Vncle Giouanni Fogliani and of the Fermanes became prince of Fermo who by the Commande of Caesar Borgia then Generall of his father Pope Alexander the sixt his forces by traine vnder the like trust of consultation with Orsino Baglioni Prince of Perugia others was imprisoned and strangled Lodovik Sforza Duke of Milane by vsurpation hauing impoisoned his Nephew Giouanni Galliacio did aspire to that principallitie which some did suppose was a great cause of the ruyne and seruitude of ●…alie with infinite other calamities which as Francis Guicciardine writeth happened vpon it in Christendome whose whole race was extinct not long after I will not omit that which is yet f●…sh late Chronicles and hath been many times represented vnto the vulgar vpon our English Theaters of Richard Plantaginet third sonne to Richard Duke of 〈◊〉 who being eldest brother next su●…iuing to King Edward the fourth 〈◊〉 hee had ●…naturally made away his elder brother George Duke of 〈◊〉 〈◊〉 he thought a grieuous eye sore betwixt him and the marke 〈◊〉 which he leuelled did vpon death of the King his brother take vpon him protection of 〈◊〉 Realme vnder his two Nephewes left in his brotherly 〈◊〉 both which he caused at once to be smothered together within 〈◊〉 his Maiesties Tower at London which ominous bad lodging in memoriall
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