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
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
or priute seales to delay any cause in iudiciall dependance proceeding by course of law yet shall the iudges proceede with mature expedition according to iustice notwistanding any precept from them directed For what can be said more to the disgracing and disrobing of any king then that which Freigius in the latter end of his politicall questions citeth out of a certaine oration of Scattaius against tyrannie Tu iusticiam imperabis interim tamen iniuriam alijs facies tu officium commendabis ab officij religione deflectes As if he should say Why wouldest thou be king to command men to deale iustly giuing in proper person example of wrong done to others How canst thou commend men for doing of their dueties and offices when thou thy selfe transgressest thy functions and dueties Thus if princes or iudges should preuaricat but a little thē their laws which ought to be the iudges of euery iust prince will restraine and reforme them And if those lawes be dissonant to the spirit of charitie trueth and equitie thē the diuine power sapience of God which are the very iudges of all laws princes iudges on earth wil correct punish them with their ministers Let therefore no partiall respect of power neither priuate affection nor vnexcusable ignorance of those laws which any iudge stewardeth blemish his iudgments For if he be partiall let him consider with himselfe that it proceedeth from affection or corruption which both are incorporate that it cannot be hidden from many men amongst infinite which behold and heare him from so conspicuous a place where all mens eyes are fixed vpon his maiestie and therefore according to Salust aequos bonosque fauere debet vt eius benefacta reipub procedant he must fauour men which are iust and good that he may declare himselfe beneficent towards the Commonwealth And if he be led by affection let him consider how fallacious a passion it is oftentimes opposite to reason euen in the men of honestest natures and constitutions shewing a kind of charitie for the most part where it falsefieth the vertue pulling downe of a mountaine to raise a molehill and to satisfie his affected commonly to deiect and make ruinous such aduersaries which percase euen in a worse case descrue much more affection Lastly but specially let him haue a speciall care to be skilfull in those lawes which he deliuereth and administreth for otherwise his honor is onerous and insupportable For if he shall with all graue and profound prudence consider how chargeable and iust accompt will be required at his hands that hauing much committed to his trust his accompts will arise to great summes not of monies and pounds but of men and people the noblest worke of diuine nature the creature in whom so soone as he was created the creator himselfe exceedingly reioyced and tooke so great pleasure that when through his owne preuarication he was taken captiue to sinne hell and death he ransomed him in the tender and vnspeakeable loue of his holy spirit in the most precious blood of his deare sonne Christ Iesus the righteous sacrifice of his vnrighteousnesse If therefore he counterpoise in equall scales of diuine reason the sacred allegeance in which he liueth spiritually bound vnto God the faithfull obedience wherein he standeth bodily subiected to his prince the zealous duetie which doth by nature inuite him to studie the weale of his countrey pondering these with his naked conscience hee will not only refuse those honors and dignities to sit in iudgement vpon Gods beloued people vnworthily or vnskilfully but rather will choose a death accompanied with the languishing sting of infinite tortures Albeit as Salust thinketh Plerosque non ijsdem artibus imperiū petere postquā adepti sunt gerere primo industrios supplices modicos esse dehinc per ignauiam superbiam at atem agere That many princes differ in their acquisition and gouernement of a kingdome because vpon the first they shew themselues industrious suppliant and temperate afterward in sloth idlenesse and pride passe their liues Euery king iudge and ruler of the people therefore ought to ponder with himselfe how great a part of the Commonweales hope dependeth vpon him which he should with his vertues and innocencie protect whereas all other meanes are forcelesse Yea verely the iudge representeth in himselfe the person of that Commonwealth where he ministreth wherefore he should sustaine the state and honor thereof by conseruation and administration of iustice bearing in carefull remembrance the trust of those things which are reposed in him A iudge is as it were an eye fixed in the kings scepter a priest of diuine iustice and equitie a moderator of the lawes the life of righteousnesse whose voyce is the pronouncer and preseruer of life and death a publike interpreter of the lawes vnto whom as to a common sanctuarie all persons oppressed with dammages iniuries repaire and refuge themselues to be relieued in equity And euen as iust iudgement is fitly defined to be the ballance of equitie the voyce of lawes and consummation of all strife and variance so is the iudge properly called th'interpreter of those lawes the steward of equitie and oracle of the Commonwealth They therefore that are fit and worthy to sit vpon the throne of equitie ought sincerely to be good men seuere incorrupt obdurate against flatterers impatient of smooth tales and secret detraction vnmercifull to them that are remedilesse inexorable in waightie causes of iudgement and such as will not transgresse the precincts of iustice in any case for according to the discretion of Aulus Gellius they must distribute to the king and begger equall measure without inclination or passion towards any mans estate or person as it was most diuinely shadowed in that misticall order of the Areopagites being a counsell in Athens consisting of sixtie citizens which successiuely through all offices and degrees of honor at length attained place vpon the seate of iustice to deale in affaires of state and in tempestuous times to prouide that the Cōmonwealth should endure no preiudice These in the darkest season of the night would decide causes in iudgement at such time as they might heare and not see the parties appealed Hence it is that Cicero saith Vir bonus ponit personā amici cum induit iudicis A good man layeth apart the person of a friend when he taketh upon him the place of a iudge And therefore iudges as saith that most reuerend Emperour Iustinianus must sacrifice pure and vncorrupt hands to God to the kind and to the law least that curse fall vpon them which our Sauiour Christ denounced against the Pharises Woe be to you interpreters of the L◅we for you haue taken away the key of knowledge you did not enter in your selues and them that would haue entred you forbad Amongst other politicke Lawes in Deutronomie deliuered from Gods mouth to the sacred prince his seruant Moses it was commanded
serue the mature expedition of all causes committed to the administration therof so that Election being as it were a franke action of the mind which in choice of gâ—…things accepteth the best and in doubtfull euils auoideth the worse wholly belongeth the prince Likewise noble industrie being a ceaselesse and sincere cogitation and ment all lucubration for the iust and inuiolable honour of his Prince and of the Commonwealth is the true cognisance of a good Counsellor and these two qualities in them both are apparant and true tokens of both their wisedomes The worthiest choice that a Prince can make for such a Senate is out of the true nobilitie which vnder him should gouerne and amplifie the Commonwealth I meane principally those that are notable and approoued for their vertues and honour encountering neerely with the dignities of their blood and families such as flie not into the palaces of a Commonwealth by the casements of their couetise with the lazie wings of their wealth but enter the triumphant port of honour marshalled by their conspicuous vertues Very noble was that sacred institution of S. Louis and Charles the fifth French kings which by their speciall edicts cautioned that in their dominions no magistracies or Offices might bee sold and bought but frankely bestowed vpon prudent learned continent and honest persons to the best of their good fame and skill respectiuely for such dinundation of dignities as Heliog abalus and Vespasian vsed and which was by the iust Emperour Alexander Seuerus refused is most corrupt odious and pestilent in any Commonwealth according to M. Bodin in his booke of Commonwealth In omni genere ciuitatum tarpissima ac perniciosissima honorum ac praemiorum quae virtuti debentur mercatura In all sorts of cities the marchandize of honours and rewards which are due to vertue is most foule and pernicious For what more dishonour in any state can bee found than when honours and dignities are vnworthily distributed Iacet etenim sordescit reipub gloria cum indignis honores tribuuntur For the glory of euery such Commonwealth where honours are vnworthily distributed is throwne downe and defaced Such vertuous and worthie Counsellors therefore by the princes sacred discretion as it is in his Maiesties Realmes of England and Scotland may be chosen out of those Principalities or Prouinces which bow to his scepter For if wise men of approoued goodnesse and sufficiencie for that place find themselues and all of their nation exempted from this honourable societie it is vnspeakeable how contemptuously they will stomacke it thinking not without some ground that they be not respected but suspected And from hence though by misprizion they smolther vp their rancour for a season yet hauing attained some maturitie malice dangerous and odious conspiracies and machinations with inductions of forren princes breake forth imediately raising rebellions and arming subiects against their naturall Soueraignes Ex rebus namque leuissimis discordiae saepè nascuntur quae velut scintillae slammas excitant ac postremò bellorum ciuilium Maxima incendia totam rempub peruadunt For out of most weake beginnings are discords many times bred which euen as little sparkles breake out into flames so that in conclusion the greatest fires of ciuile warres take hold of the whole Commonwealth And therefore it is held for a certaine truth That nothing so soone moueth discord as too much partiall distribution of rewards and honours A prince therefore beeing assisted with Counsellors chosen out of his owne kingdomes may better and more commodiously prouide against any future calamities My iudgement is slender but it may be thought how some discontentment vpon this ground added to the fedicious fire in Ireland when those stubborne rebels formerly withstood the proceedings of our late Soueraigne and her Deputies with the Counsell established iâ—… that realme No persons though most prudent for this is a sure and infallible position being priuately discontented and ambitious may safely be chosen into the fellowship of any princes priuat Counsell but the guides and ringleaders of those Irish rebels were alwaies knowne to be discontented inwardly disturbed and ambitious therefore the state was well handled in that point To conclude vpon this therefore a prince without great impediments and principall remedies medicining that daunger may not make choice of his secret Counsellors out of one kingdome onely if hee retaine more principalities than one because in bestowing all fauour or the greatest part thereof vpon one peculiar people they grow so proud that their astociates neighbouring them stirred vp with indignation and despiteously repining thereat with generall maledictions crosse their proceedings by which meanes commouing sedicious cauils and quarrels against them they sometimes vnder that abhominable pretext may make a way to diuest their liege Soueraignes and it hath euer more beene obserued that the like cases are most desperate ending in much blood and crueltie This is also most certaine that a better choice may be found amongst many good than out of a bad multitude When they therefore which are vertuously affected see their prince like a true patrone or parent rather to studie their generall honour so much the more readie will they be to make good remonstrance of their duties and honesties being a principall meane to draw the worthiest of their Nobles and others to Philosophicall and needfull arts and studies Neither may this choice bee made out of his owne house or court onely but by diligent inquisition he may learne which are best and most excellent in all prouinces them vnder some other pretence the prince may send for hauing their expences in iourney beneuolently defrayed and according to their sufficiencie for that place proceede in Election By which kind of inquisition the Soueraigne may come to sure knowledge of all the most excellent and worthy persons in his realmes Such as are not chosen of them that were approued for peraduenture some one or two may supplie the defect in that Counsell must be with meeknesse affabilitie beneficence great commendation for their vertues and royall encouragement to perseuerance in the same dismissed Heerein also deliberation is very requisite a free pardon and prouision therefore for their securitie should be graunted and proclaimed as was the auncient custome against the kings of Egypt after their deaths according to Diodorus which in open accusation either by word or writing can make proofe of their notable vnworthinesse for that Office and if any man scandalously lay some notable crimes vnto their charge which cannot be prooued hee which so maliciously woundeth any good mans fame deserueth in all rigour to bee seuerely punished Those accusations which are exhibited against any of them must bee willingly and graciously receiued heard and remitted if it bee requisite to iust inquisition and iudgement This auncient custome was obserued amongst the Romanes in election of their magistrates by which their Common-wealth gallantly flourished and when that course declined their State so much inclined that
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
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 â—…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 fâ—…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 suâ—…iuing to King Edward the fourth 〈◊〉 hee had â—…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
odious in a dogge a snake or any wild beast which is cherished or fedde at your table to bite or maligne their fosterers which is a thing very rarely to be seene howmuch more lothesome and contemptible is it in a man to whom God hath giuen heart and reason of gratification Mercie confounded is with hardnesse of heart vncharitablenesse vnconscionable actions strangenesse amongst brethren and societies being both pernicious to the soule of people and contagious to the peace and vnions of all ciuill states and policies Liberality perishethin these extreamities in auarice which cannot endure the thought of giuing and in prodigalitie dishabling the power thereof These are guarded with infinite vices of which two mischiefes prodigalitie more helpeth in repayring many whereas couetousnesse will not relieue any Vaine ostentation being vndecently slubbered vp and neighbouring auarice is opposite to magnificence there is likewise a proud immoderate and vnseasonable kinde of riotous magnificence accompanied with excesse the daungers of both are much like to the perils issuing from the extreames of liberalitie but of auarice ostentation prodigalitie I haue more at large spoken in the morals of my first booke of offices Friendship being the nauell or vp-shot of all iustice Etiam habitus verè perfectè diligendi alterum proper similitudinem morum Which is a habite of perfect and true loue betwixt men resembling one another in conditions and manners by naturall sympathie shall take place in the bottome base and groundworke of the rest and it is thwarted with enmity which worketh in mens hearts crueltie with hatred whereupon patricides and homicides ingender It is a common saying that such a man hath betrayed or deceiued his friend because the practise and example seemeth very frequent amongst vs in this age according to that saying of Salust Per maximam amicitiam maxima est fallendi copia that where greatest friendship harboreth there hath deceit most power and force to practise but I am not of that opinion how true friendship if it be mutuall and reciprocall hath any port which can open vnto the heart that could entertaine falshood against friends considering that true friendship is naked pure and immaculate according to the definition before expressed Howbeit there is a similitude of wicked natures which combineth men in a kinde of fraternitie which me seemeth may not be called so properly friendship being brethren in euill sacramentally tyed and periuriously vntyed at pleasure to succour loue deceiue and betray one another This in like opposition with the former is the very seede of all disunion and iniustice From hence distractions seditions factions oppressions and diuers sutes arise which neuer haue end nor will but by conspiracies vpon which the prince is many times forced to staine his hands with blood or to loose his soueraignetie Many men neglect this not looking into the danger which dayly stealeth out of it and yet it is easily found if they consider how the seed-time of each yeere present occasioneth the next yeeres haruest ministring store of matter to gorge vp the couetous bags of some ambicious Lawmen Aduocats and Atturneyes Now somewhat concerning that abilitie which strengtheneth iudges and iuridicall magistrates in th'administration of publike affaires To the perfection of knowledge herein it is right behoouefull that they which iudge be soundly read and practised in all the lawes Ciuill Cannon and prouinciall consenting with the lawes of those nations where men liue and also the lawes of all neighbouring Commonweales politickely gouerned whether they be Christian or pagane conferring them with the ground of all good laws deliuered first by God to the sacred prince Moyses his seruant in the decalogue as also that he studiously peruse all the bookes of Moyses wherein the politicke statutes and ordinances deriued from the fountaine of his vnserchable wisedome are touched as in the bookes of Exodus Detronomie Numbers likewise in the Iudges and Kings Nay let him peruse the whole volumes of the new Testament wherein he shall find the true formes and treasure of all good lawes and iudgements Likewise let him conuerse with the lawes of the ancient Egyptians which as Diodorus recordeth them are like in nature to these our Brittaine lawes from whence together with the secret misteries of their gods those ordinances were by Orpheus translated into Greece also the Troiane and Greeke laws from whenceour Nation as I before declared did receiue their first orders of gouernment the lawes of Saxons and Danes when they did inhabite vs conferring them seuerally together pondering which neerest cohere in precepts vniformitie with the sacred Decalogue It is also most commendable and would adde infinite riches to his iudgement if he can by diligent reading attaine the Lawes of all principall States and Kingdomes in this age established as in Spaine France Portugall the free States of Italie the Empire of Germany the Cantons of Swizzer-land the Kingdomes of Poleland Hungaria Prussia Moscouia with such like most of which although they be gouerned by the lawes imperiall haue not withstanding Edicts customarie prescriptions retaining legall force which are most fit and worthy to be knowne Also the Lawes of the Turkes of the Persians and of any strange heathens in the world which are partakers and be gouerned by rule of reason This Science with the riches of that knowledge which may be gotten by the same together with the iudicious conference of one with another I cannot sufficiently declare nor commend neither if it were possible for a man all other means being wanting thervnto to liue vntill he had visited those nations and had soiourned in each particular countrey till he were acquainted with their seuerall Lawes and orders could his paines answere the least part of benefit which that knowledge will dispense In publicke iudgements which according to th' imperiall Institutions are so called because the execution of them is referred to any of the people it much importeth him to be very skilfull cōferring them to the benefit of his priuate iudgement with the publicke iudgements as in cases criminall of his owne nation Of these some being capitall and the rest not capitall those which are doe punish with death or perpetuall exile as it was called by the Romans Interdiction from fire and water by which was intended an exclusion from all other benefit or comfort of his natiue Countrey Such were those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Freigius defineth being persons cast out or banished from all ciuill societie and they were called deportati or relegati by the Romans to whom was this interdiction of fire and water or the prescription and abdication of people Other iudgements vpon defamation proceed with pecuniary mulct which are also publicke and not capitall Howbeit publicke iudgements principally proceed in matters of maiestie touching traytors against the King or Common-wealth punished with losse of life and extirpation of their remembrance after their death in attainder of blood and destruction of their
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