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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
committed by great persons of note apply notable and exemplary punishments that meaner folke in beholding their executions may be discouraged from the like attempts Which rule hath beene narrowly kept by that right noble reuerende and politicke Iudge Sir Iohn Popham by whose iustice and seuere integritie thunder-blasting desperate offences many grieuous and contagious malefactors haue been oftentimes repressed If therefore a mans life insist vpon it let him not feare to giue sentence according to conscionable euidence and equitie whereas he shall finde it euident and fit that by so iudging iustice is not scandalized Moreouer it must not appeare to be done either in priuate as by corrupt bribes violently to diuert the current of iustice out of his true channel or any malice or enuie to parties which is a kinde of disease of the minde which greuously repineth at the good successe or qualities of others And many men wil sooner pardon the slaughter of their parents then the losse of their liuings vniustly Seueritie therefore in necessarie punishments addeth a maiestie to the magistrate for otherwise it happeneth oftentimes that the Prince may rebuke his foolish lentitude in such termes as were obiected by Quintus Fab. Maximus in the Romane Senate against Scipio whose souldiors through his exceeding licence and lenitie reuolted from him that he should haue corrupted the state of ciuil gouernment as Scipio did the Romane militarie discipline vpon which reprehension Scipio reformed himselfe with great reputation whereas in regard of his former mildnesse the first examples of his seueritie were not imputed to his owne nature It is not meant here by the example of Draco who did write all his lawes in blood for the Athenians to punish euery small offence with death but such as are either traiterous and sedicious paricides homicides or others of like condition according to the qualities of their offences There is a kinde of grace and and mercie declared in executing or interpreting the very Letter of the Law precisely which I referre in the religion thereof vnto the Iudges conscience as by a common and familiar example Zaluchus hauing made a Law to the Locrensians that any persons of that common-wealth if they were taken in adulterie should loose both their eyes was forced to giue sentence against his owne sonne which stood in that case appealed before him notwithstanding that earnest intercession made by the people for his pardon yet in satisfaction of the Law he caused one of his owne and another of his sonnes eyes to be done out In what ought a Iudge to declare more constant veritie then in iuridicall sentences in what more zeale then in execution of the Lawes in what place more maiestie then on the venerable throne of iustice I will confirme this with a familiar example of common record in our English Chronicles Henrie of Monm●…uth sonne to king Henrie the fourth who did afterwards succeede his father rushed vnto the Kings Bench the Lord chiefe Iustice of England sitting in iudgement vpon life and death of one of that princes seruants then in case of felonie brought vnto the bar before him and with his sword drawen made offer to rescue the prisoner without further triall the people astonished at such vnusuall behauiour were afraid The iudge himselfe or rather Gods spirit directing wisely weighing his owne condition and looking into trueth and authoritie banisheth all suddaine feare and stoutly with a reuerend maiestie rebuketh the prince in this sort Come hether furious yongman wound this old carcase with thy sword wherewith thou menacest me strike strike I say rather will I die then endure such example This place which thou doest violate is thy fathers tribunall the iudge whō thou threatnest representeth thy father the law which thou contemnest adiudgeth thee guiltie for it and without any respect that thou art sonne to the king on behalfe of thy father and being assisted and supported with the Commonweales authoritie I doe commit thee to prison At which reuerend and constant iudgement of the magistrate the prince abashed presently let fall his sword and willingly submitted himselfe to prison The king vpon this tragaecomedie reported burst with teares into these speeches happie am I in so iust sincere a iudge in so good and obedient a sonne Which gallant prince succeeding his sather in the gouernement so much esteemed of that iudge as when he departed England with his forces towards France for that conquest which he there purchased he committed the tuition and gouernement of his whole realme during that his absence to him the historie is true though common and yet not so vulgar as notable Sedition and malice being two pestilent and contagious diseases in a Commonwealth should be seuerely punished in the beginnings without remission yet with such discretion handled as it might seeme rather to proceede from a mind very loath and grieuing to punish but that constraint and the common cause enforceth it Howbeit somewhat must alwayes be done for examples sake considering the sentence Panarum fructus omnium maximus pertinet ad exemplum The most fruit and profit which issueth from punishments groweth vpon example There is great daunger in ministring a more vehement medecine then either the nature or strength of the disease or diseased doth require Applie not any corrosiues but vpon extremities and causes otherwise remedilesse He which hatcheth vengeance in his heart may not punish hastely but expect a fit occasion for his owne satisfaction which will vndoubtedly fall without any combustion note or imputation of reuenge Those iudges therefore I deeme wel worthie commendation which seldome vsing seueritie can attaine and keepe the name of terrible magistrates for by much exercise of bloodie iustice as I said before more harme then good ensueth to the prince for not onely the persons fauourers of the parties punished but the peoples hearts in generall will storme at it and admit you can remoue some of the first which stirre in it yet in a case of crueltie the peoples indignation may fitly be compared to wild-fire which being once kindled will encrease and burne more vehemently If therefore a Iudge extend seueritie let it be manifested especially when matters of blood and violation of humane charitie requireth it when violence vpon impious passion or perturbation of the minde to satisfie priuate malice is exercised vpon persons which no man being moderated by the Law of nature will commit as Cicero writeth hominem naturae obedientem homini nocere non posse That not any man which is obedient to nature will hurt another man Neither can any thing expresse the prudence of a magistrate more to life then the iust conseruation and maintenance of a mans life nothing decipher his crueltie more then slaughter and effusion of blood How odious is the very name of homicide by whose violence man which is the goodliest artifice of nature is dissolued Nothing therefore should in a ciuill societie be more seuerely sifted nothing feele