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
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
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
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
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
feare of God and care of religion and sometimes in specious apparance to reward honest men vnder the pretext of vertue And these haue beene noted as eminent qualities in malicious Tyrants such as Caligula Domitian and Maximus which being continually wounded stabbed and tormented with the bodkins and furies of their mischieuous and impious actions and deuises as Nero was who neither sleeping nor waking could rest alone from horrible and fatall visions and apparitions and being in companie stood in seare of euery man about him liued in a most miserable hell amongst men The like was written of King Richard the third amongst vs whose nefarious practises and bloodie crymes were vnspeakable Whereas if we should in contrary compare them with those vertuous and blessed Princes whose gracious eyes inspired peace and plentie to the Commonwealth where they gouerned it shall appeare that like Angels vpon earth with a comfortable remembrance and motion of their goodnesse and beneficence generally dispersed they seemed in comparison of those other tryranous diuels But I doubt least I rest vpon this point more then fitteth and therefore I will be so short as I can in the rest First therefore a good and wise Prince may not maintaine any combate with fortune as in contending to blow stronger then the windes or to rore lowder then the Seaes but to yeeld with warie vigilancie to her wrath vntill prudent occasion bring her in another bodie then before she was well managed and taught to turne at hand furnished fit for his seruice with saddle and bridle that being brauely mounted at length vpon his old metamorphosed mistresse with a paire of golden spurres on his hecles he may ride like the great Greeke Monarch Alexander when vpon his great headed horse Bucephalus all the kings of the world saluted him as their mightie soueraigne And lastly let that serenitie which should shine from the diuine temples of a true prince so generally dispoâ—…se it self amongst all people that nothing repugnant to prudence iustice fortitude and temperance appeare in his actions and consultations for they should be th'inseperable counsellors and companions of all crownes Now to conculde in the foot of my second Booke with the Prince who is both top root of this Counsell being therefore called Consilium priuatum as Vincentius Lupanus writeth Quasi secretius interius selectius sanctius dixeris As if you should say the most secret inward choise and holy counsell Which kinde of counsell we finde was instituted amongst the Athenians in their Commonwealth Sine cuius consilio quicquam decerni Solonis lege prohibitum erat Without the aduice of which Senate it was cautioned by the Lawes of Solon that not any thing of moment in the Athenian Common-wealth should be discerned I therefore say that to bee a Prince is the great gift of God for somuch as he is chosen Gods Vice-gerent or Steward either good or bad for the weale or punishment of his people but that prince which studieth and faithfully prouideth for the chiefest good and peace of his people both in soule and body proposing that blessing for the whole scope of his gouernment hath that grace diuinely infused it meerely proceedeth from his owne bountifull and blessed nature Est enim illud imperium diuturnum immobile quod fulcitur gloria beneuolentia popularis societatis For that Empire is durable and constant which is supported by the report and beneuolence of the popular societie Which made our late deare Soueraigne that most conspicious auspicious and peace-breathing bright Planet of Christendome so sacred in her domination to that heart-breaking wonder of her enemies which hauing spightfully belched out in her life time the vomite of their impoysoned and malicious calumnies against her vnreproucable conuersation and gouernement were since her death in remorse of conscience forced to acknowledge the miraculous blessings of the Almightie in her redispensed distributed and imparted to the neighbours and princes of Christendome during her raigne which more then exemplarie blessing hath answerably giuen courage to the people subiected in obedience vnto the Brittaine crownes hauing declared their loues and loyalties vnto your highnesse being our happie soueraigne which succeedeth her And this is it which hath made your gracious Maiestie out of your sacred disposition and right royall lenitie not onely to promise but to performe so much on your princely part as they did expect and as your highnesse presupposeth of their desert by which you shall attaine much more honour then euer Octauius Antoninus Pius Pertinax Titus Traiane or any prince that euer raigned in most happinesse considering that sage sentence Imperium facile ijs artibus retinetur quibus initio partum est It is easie to retaine a kingdome by the same meanes through which it was attained Being now maintained euen as it was gotten in ioy iustice loue and lenitie which are the true tokens and infallible affections indeed of a very blessed Soueraigne For according to Fr. Guicciardine the sweet name of a iust prince is as dearely tendered amongst all louing people as the remembrance of a tyranne odious abiect and contemptible Finis libri secundi The third Booke Office of Iudges WHen that most glorious and euer-renouned Emperour Flauius Iustinianus had through his incomparable vertues and trauels indefatigable subiected the stubborne necks of sauage Barbarians vnder the victorious yoake of his farre stretching dominions and with maine power in much dust and bloody smoake had forced all Afrike being victoriously seconded with numberles Prouinces of other nations in homage and tributarie seruice with feare and trembling to make remonstrance of her obedience vnder his conquering sword After all these tumults bloody sweats and slaughters and vpon all his pompous tryumphes for those victories ascribed to th'incomprehensible strength and goodnesse of Almightie God then did he prudently call to remembrance the blessed serenitie which eternally shineth from the smiling forhead of gracious peace after it hath bin first deerly purchased with the violent confusion of vnpartiall war Wherfore that he might be magnified aswell by th' oliue of peace as eternized in the Laurell of martiall victorie he resolued to become as religious in establishing of Lawes for the preseruation of his peace and people as he before had been famous in the propagation subiection and conseruation of th' empire according to that opinion of the sage Tragoedian Pacem reduci velle victori expedit It is expedient for the Victor to studie the restitution of peace In which beneuolent purpose with all humblenesse vnder the propitious assistance of God to which he did with most zealous sinceritie first appeale by the studious care of Tribonianus Theophilus and Dorotheus men of most excelling prudence neerest him of his secret Counsels and the learnedest Sages of the Lawes in that time happily pithely and compendiously reduced the fiftie Volumes of Pandects out of Caius his Commentaries and others into foure Bookes of Institutions Which that sacred Emperour