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A09487 The counsellor of estate Contayning the greates and most remarkeable considerations seruing for the managing of publicke affaires. Diuided into three parts. The first contaynes the meanes to settle an estate. The secund, the meanes to perserue it. And the third, the meanes to encrease it. Written in French by one of the ancient counsellors to the most Christian kings, Henry the Fourth, and Levvis the thirteenth. Translated by E.G.; Conseiller d'estat. English Béthune, Philippe de, comte de Selles et de Charost, 1561-1649.; Grimeston, Edward. 1634 (1634) STC 1977; ESTC S101680 238,642 366

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French King on the one side and the sayd Arch-Duke on the other as procurator for the Kings of Spaine And that they themselues had likewise sworne vpon the holy Euangelist and the Crucifix to confirme whatsoeuer he should doe yet vnder diuers precepts forbare to ratifie it to the end that the longer the French King should remaine in this su pence the longer hee would stay to make his preparations to succour his Men who for want of releife hauing bin forced to abandon the countrey the said Kings of Spaine Notwithstanding their solemne Oath would heare no more speech of ratifying the treaty made by his Sonne in law From all these examples we may gather that during a treaty wee must watch more carefully and make our selues the stronger not onely to frustrate our Enemies of all hope to surprize vs but to the end that the consideration of our forces may make vs obtaine conditions of more aduantage And wee must not hold a treaty firme and concluded vnlesse it be ratified by the Prince with whom we treate especially if the treaty be made with a Prince whom they detayne Prisoner For the force by the which he hath beene constrayned to promise will alwayes dispence him to re-aduise himselfe Pope Clement the Seuenth refused to ratifie the Conditions which the Duke of Ferrara when the sayd Pope was a Prisoner saying that it was an vnworthy thing that a man in life should approue of that which had beene done in his Name whilest he was dead And King Francis the first excused himselfe to accomplish the treaty of Madrid vppon the inhumanity which Charles the fift vsed towards him to extort from him the Cessions which he made All which tooke not place although the King had giuen his Children in hostage As in the parlies of Princes the place where the enter-view is to be made is very considerable So is it in treaties of peace which are made by Deputies If it be to choose a League there must be a conuenient place not too farre from the confederates to the end they may haue a more speedier answere of the difficulties that may happen When as the Kings of France and England were to treate a League with the Princes of Italy they resolued to treate in France to be the nearer to England Pope Iulio the second meaning to treate with the Emperour and the French King desired that the Embassadours should come to Rome to the end hee might gaine the Emperours Minister by kinde vsage promises and benefits to perswade his Maister to dis-vnite himselfe from the French King The which he of Franc● refused to doe being neyther reasonable nor honorable to treate a peace in the house of his Enemy how great soeuer he were So as the vsuall course is to choose a neuter place But the question is if an Embassadour hauing agreed to goe vnto the Prince with whom he is to treate whether the Prince be bound to treate with the Embassadour himselfe Or depute some of his Councell for that effect This last manner of proceeding is the most vsuall as wel to preserue the dignity of the Prince which cannot bee maintayned amidst the contestations which happen in conferences as for that Princes are vsually little practised in such negotiations And the example of the Bishop of Gurgia is not therein to be followed who going to Pope Iulio the second vpon his request to treate with him and the sayd Pope hauing deputed three Cardinals to that effect he deputed three Gentlemen to conferre with them excusing himselfe vpon other affaires For therein the sayd Bishop carryed himselfe not as a simple Embassadour but as Lieutenant to the Emperour to the which quality he had beene receiued at Rome by the Pope The Deputies being assembled their seats are considerable they hauing no power to quit any thing of the ranke which their Maisters ought to hold The first place is at the head or end of the Table if there be one The second is the first on the right-righthand and the third is the first on the left hand of him that is at the end And if there be many Deputies to one Prince they vsually sit all on one side to haue the more facility to conferre together if it be needfull The seates being resolued the Deputies are to see the Commissions of eyther side and to consider of them For that from thence doth grow the assurance which they may haue of the proceeding of the treaty there being Commissions so generall and so ambiguous as thereby they may easily iudge that he which hath giuen such to his Deputies hath no will to conclude any thing for that vnder these ambiguous and generall termes he hath a desire afterwards to ground a new breach Some desiring to deferre the conclusion of a treaty whereof the motion seemed reasonable on eyther side they haue concluded in requiring the Prince of the contrary pa●ty to consent vnto them before they ratifie it The which Pope Iuli● the second did seeing himselfe prest by the Cardinals to make a peace with Lewis the twelfth who propounded certaine Articles of an Accord vnto him whereupon the gaue Commission to the Cardinall of Final and to the Bishop of Tiuolly to transport themselues to the French Court and there to treate promising to ratifie the sayd Articles which had beene propounded vnto him if the King consented But he neyther gaue them Commission nor power to conclude them hauing no will but to gaine time and to frustrate the instance which the Consistory made vnto him for this pacification As for the clauses of treaties there can be nothing certaine prescribed this depending of the differences for the which the treaties are made the which are infinite be it for peace or truce for the restitution of that which they pretend to haue beene vniustly taken from them or for the Cession of rights or else for limits and bounds the which if they cannot regulate they put them in sequestration or suspence or they make some Act which may interrupt the prescription of him that holds them or else for a passage with consignation of hostages or of Forts for the assurance Or else for an offensiue or defensiu● league or for neutrality whereof I will treate hereafter But the principall considerations we must haue are not to vse nor to speake for a person which is odious to them with whom we treate not to yeeld to the first demaunds though iust but to resist them stoutly And yet if the danger be emment wee must not study so much to Negotiate with aduantage as to prouide for safety And especially to haue a care that the clauses may not be Equiuocall and of a double vnderstanding or so generall and indefinit as they may breed a doubt in the interpretation of the treaty The Spaniards are Masters in such practises Isabelle of Castille and Ferdinand of Aragon circumuented Charles the eight when hee restored vnto them
it behoues him to make as for that they are more durable and no lesse profitable then the other CHAP. 36. Of Fortresses and of their profit for the preseruation of an Estate FOrtresses doe also make a part of the force of an Estate and they which haue beene of Opinion that they should not build any haue beene confuted both by reason and vse so as there haue beene few found vnlesse they were some petty popular Estate that will follow their Councell The Grecians and Romans who had lesse neede during their Empires then any other Estate for that all submitted themselues vnder their yoke entertayned Cittadels at Corinth Tarentum and Rhegium And if the Capitoll had not beene strong the Empire of Rome had beene smothered in the Cradle by the Gaules The Estates in which are no strong places are conquered by one Battaile England hath testified it and the Persian relying onely in the great number of his Men hath lost in one battaile a great extent of his Countrey the which the Turke hath since preserued by Forts For although that Fortresses alone cannot much assist an Estate yet being seconded by Armes they make it invincible and there being no Armies on foote they giue you leasure to raise them and after a Route to Rally your Men together to ●enew the Warre Yet this is not to say that the estate which hath most sorts is the strongest For it is impossible to guard many w●ll and some being ill guarded they proue more preiudiciall to the Estate then profitable for the defence It must therefore haue few but well furnished with Men Victuals and Munition of Wa●re They must likewise bee in a necessary situation or at least profitable Necessary situations are those which being vnfort●fied make the Countrey to lie open and expose it to the inuasion of Enemies Profitable situations are those by w●ose meanes they may guard a rich Towne and well inhabited and may serue for a retreat vnto the people They must likewise be remote from the heart of the Estate to keepe the Enemy and danger farre from it to the end that whiles the Enemy bu●●es himself● in assailing them the rest of the Countrey may bee in peace and wee may haue means to prepare our selues to resist him And if the forts be not only farre off but at the entrie of the Enemies Countrey they will bee the more safe For they will not only giue vs meanes to defend our selues but also to annoy our Enemy in his owne Countrie Besides this forts ought to be strong both by situation and by fortification Forts strong by situation are those which are built vpon high and sharpe Mountaines and of hard accesse or which are ●uironed with La●es the Se● Pooles Ri●er● and Marishes and haue all commodities necessary for the entertainement and succour of a Garr●son Those are strong by hand which are flancked to purpose with a good Wall a large and sound rampire of Earth with abroad and deepe ditch and they must make more account of the rampire then of the Wal● and of the ditch then the rampire A fort must likewise bee great to the end it may bee capable of many M●● for the defence and to annoy the Enemy the more 〈◊〉 be able to intrench themselues within It must in like manner be situated in such sort as it may be relieued for soone or late they take that place by force or obstinacie of a siege which is not relieued Wherefore they haue held those places strong which haue a Port of the Sea hard to stop vp and is not commanded For this backe doore makes them as it were impregnable hauing meanes dayly to receiue refreshing of Victualls Munition and Men and to discharge themselues of their wounded and vnprofitable Mouthes for defence And although that the situation of a place be strong for defence and such in some part as they hold it inaccessable yet they may not forbeare to adde what they can to make it stronger For wee haue seene that many places haue beene taken by those parts which they had neglected to fortifie for that they held them inaccessable So Carthage was taken by Scipio towards the Poole Antiochu● the great tooke Sardis by that part which was the strongest where he found there was not any Sentinel s●ing birds to build their nests there without any disturbance CHAP. 37. Of the Warre-like Discipline THe third part of the force of an Estate consists in the warlike discipline that is to say in Souldiers of good experience and well disciplined And herein wee must obserue that the force doth not alwayes consist in the number but in the resolution of the Souldier and in the experience or conduct of the Commander In all the battells which haue bin giuen it is obserued that few men haue fought and those few according to the resistance that was made haue won or lost the battell and as the kinds of armes make the Souldier stronger or more feeble so they haue demanded what force is most beneficiall eyther that on Horsebacke or on Foote Polybius sayth that it were better that our foote were a Moietie lesse then that of our Enemie so as wee bee stronger in Cauallerie then if wee were equall in all The which may be true in a Combate hauing bin often seene that when as the horse are routed the foote seeing themselues farre from any retreate hau● beene forced to yeild sometimes in grosse without striking stroake But in all the course of the Warre it is most certaine that the Footmen do the greatest seruice were it but at sieges and defences of places and that they may fight in all places which the horsemen cannot doe Those Nations which haue made vse of Horsemen only haue sometimes gotten great Victories as the Partbyans haue done But when they were to besiege or defend a place they aduanced little Also those people which put all their forces in horsmen do● it for that they cannot keepe their rancks and order which is ne●essary for Footmen And to recompence this defect they make vse of the violence of Horse in a Combate and of their swiftnesse and readinesse in Enterprizes of War which are executed more speedily with Horse then Foot who march heauily But the better is that the Armies of an Estate should consist both of the one and the other that is to say of Footmen to serue for the body of an Army and Horsmen for armes and leggs Wherefore the Prince besides the prouision of Armes and other necessaries for War must be carefull that the Cauallery may be well mounted prouide that they may haue horses in his owne Countrey for he cannot be termed strong and powerfull in horse if he be cōstrained to haue recourse in that regard to his neighbour who in time of war may faile him I haue said formerly that the force did not consist in the number but in the bounty and courage of the souldiers yet for that
out vsually some bearing the whole burthen and others being discharged This facility of extraordinary leuies is the fourth point which may cause an Estate to be held rich For we shall in vaine bragge of the abundance of an Estate and of the ordinary stocke of the treasure the which as wee haue ●ayd how great soeuer it be may be exhausted and sometime i●gaged if the publique in an vrgent necessity may not be releiued by some extraordinary leuy which may be done without Iniustice disco●tentment or insupportable oppression of any part of the Subiects which would draw after it reuolts seditions and intelligences with the Enemies T●is numbring of their goods being vnable to be brought in to equall euery man in such sort of contributions they must haue a recourse to other meanes the most iust and plausible that can be deuised according to the quality of Estates and the condition of times the which being vnable to set downe now in particular it shall suffice to say gene●all that the imposition which extends it selfe vniuersally o●e● all the Subiects of what condition soeuer they be is the most gentle the most profitable and the most iust For that euery man paying euery man payes the lesse then if it were leuied of a lesse number and yet it is farre greater wherein it is more profitable to the Estate And it is more iust for that euery man hauing an interest in the preseruation of the Estate euery one is likewise bound to contribute But the principall part of Iustice would be● if it be proportioned and layd equally among them that contribute according to the proportion of euery mans estate If the leuy be made without rigorous executions especially against the person The contrary whereof doth vsually happen vpon leuie of the Subsedies the which being imposed vpon view of the Countrey as they say and without any certaine ground the goods of euery man being vnknowne to direct them and leuying it vpon the poorest they cause them many times to dye in Prison which is a pouerty resenting Barbarisme Or to get some delay of payment the poore man must satisfie the Auarice of Receiuers and Sergeants which ruine him by such concussions the which many times exceede the principall of the Subsedy But if some considerations be iust to exempt certayne conditions of persons or that making the imposition generall some trouble is to be feared they must haue recourse to those that are casuall As after the Ciuill Warres at Rome they setled the twentieth part of Successions and Legacies which were left to Strangers or Collaterals And before in the time of Warre likewise at the request of the Consul Manlius they ordayned the twentieth part of infranchised men In Scotland Malcolana hauing sold all the Kings Demesus the Estates of the Countrey agreed that the Fees changing hand should pay vnto the King a certaine right of redemption Impositions likewise and customes may bee iustly layd vpon all that which may corrupt the manners of the Subiects eyther to contayne them or to han●sh th●m away This re●son was the cause that in some Estates they haue charged suits with diuers duties and in others they haue only punished them that sled from them imposing great amercements vpon them that sayled and in others they haue punished rash pleaders which lost their causes as at Athens and Rome Those likewise which may be established without opposition which come from some Body vnited and of authority may be receiued for the facility of their establishment to the which they haue many times more regard in such things then vnto Iustice. But if the necessity be such as they must prouide a speedy remedy and that they cannot attend the time which would be necessary for the establiment and the leuy of an imposition there is no other meanes then to make vse of voluntary borrowing● vpon those that are best able whom they shall pay at a prefixed time without sayling to the end they may maintayne the credit of the publique and that whensoeuer the like necessity should happen they might finde the purses of priuate men open to succour him But if he cannot finde money without interest he must to the end to stay the course prouide for the payment both of principal and interest by the same assignation the which shall be deliuered into the hands of such as lend as well being assured by this meanes of their due they might lend another time more freely As for feare that this assignation remaining in the hands of those which mannage the businesse it should be otherwise disposed of whereby the the Prince should not onely ●oose his credit but should finde himselfe at the end of the time charged with great interest CHAP. 47. Of the mannaging and good husbandry of the Treasure That is to say of the ordring of the expences and the cutting it off THe ground of the Finances being found we must order the mannaging which consists in two principall points The one concernes the husbanding of it the other the quality of the persons which are to be admitted to this mannaging The husbanding hath two parts that is to say the order and gouerning of the expences or if it exceeds the receipt the cutting off part of the charges Touching the order of the expence if in all things that which concernes God is to be preferred the same must likewise be obserued in the Treasure Wherefore the first Chapter of the expence must bee of Almes wherein he may not be sparing The Kings of France haue had goodly examples in St. Lewis who founded and endowed Twenty eight Bodies or Colledges as the Seigniour of I●inuille sayth And had dayly in his traine one hundred and twenty poore and in Lent two hundred and forty feeding them with meate from his Table So hee liued in great honour feared of his Enemies reuerenced by his Friends adored by his Subiects and after hee had Reigned Forty foure Yeares hee left two Sonnes whose posterity haue Reigned and doe yet ouer the French and his Realme exceeding rich and flourishing to his Successor recommending especially vnto him that hee should bee deuoute towards Almighty God and charitable vnto those who are poore and miserable Almes doe neuer impouerish an Estate nor a family but contrariwise they enrich them with all sorts of blessings The second Chapter of the expence must be the freeing of the charges of the Estate but first of those which are necessary for its safetie as the pay of Souldiers Munitions Artillery Shipps and Vessells of Warre Repayrations and Fortifications of Townes and important places entertainment of Spies and finally all the Expences aswell ordinary as extraordinary necessary to warrant the Estate against the inuasion of strangers or the reuolt of Subiects Next must follow the Fees of Officers especially of those by whose meanes they hold the rest in their duty and obedience these making a part of the safety Then
an Estate are not fit as well for the iust feare they may conceiue of them that vnder colour of treating they should suffer themselues to bee practised by the other side as for that they haue sometimes interests and reasons which concerne them in their particular to the which they doe willingly accōmodate the affaires of their Master and to his disaduantage Besides there is seldome found so much patience and sufficiency in Men of this condition as is needfull in such Negotiations Neither may they choose men of a base condition as Lewis the Eleuenth did who imployed his Barber least that he with whom we treate or his Deputies doe not finde themselues contemned by this choyce Yet in secret treaties they stand not much vpon the choyce and these last are commonly most proper as those of whom they haue least distrust Vnlesse they hold it more fit to make vse of Embassadors which reside with the Prince with whō they meane to treate of some Prisoner take● in the War as the treaty of the League made betwixt Ki●g Lewis the twelfth and the Venetians by Andrew Gr●tty then Prisoner to the King These secret Treaties are vsually made when there is question to make a League one with another They are made for diuers intentions But most commonly to entertaine and deceiue him with whom they treate or to surprize his enemy or to assure himselfe of two enemies which make Warre treating with one secretly and the other openly Pope Alexander the sixt promised King Ferdinand by a breife to assist him for the defence of Naples in case that Ferdinand should promise to doe the like for the Estate of the Church The League which was treated betwixt Lewis the twelfth and the Venetians was so secret as neither Lewis Sforse nor the Pope did euer know what had beene treated vntill the Army was ready to march The treaty of the same French King which Ferdinand King of Spaine was no lesse secret to breake the League betwixt Spaine and England the King of England hauing sent a Herrald to the King of Spaine to summon him to performe their League who arriued at the same time when as the peace betwixt France and Spaine was proclaymed Pope Lee the tenth Hauing made a League with the Emperour and the King of Spaine treated with Lewis the twelfth not by a Publique instrument but by a scedule vnder his owne hand to the end the businesse might bee carried more secretly and that hee might assure himselfe of all sides The same Pope treated afterwards secretly with the King of Spaine for the defence of Italy Yet meaning to entertaine King Francis the first to slacken the preparations continued to treate with him sometimes demanding one thing and sometimes another to the end that the one being denied him hee might haue a Subiect to breake when hee should see his time and to make the French King beleeue that necessity more then his owne free will had induced him to treate with the Spaniard with whom hee had long before made a secret treaty And distrusting that the King would not yeild to that which hee should demand hee made dluers ambiguous and irresolute answers The same Pope made another secret League with the Emperour Charles the fift against King Francis the first and when he was forced to declare himselfe made shew to treate a new with the Embassadour of Spaine It is one of the ordinary policies among Princes and wherewith the best aduised doe sometimes suffer themselues to bee abused to propound a treaty to betray his commpanion Pope Iulio the second to winne time to make his preparations against the Duke of Ferrara he entertained King Lewis the twelfth making shewe that hee would agree The proposition of peace made by Lewis the twelfth vpon the difference for the Du'chie of ●ill●● was a meanes to chase the F●●●ch out of that Dutchy the generall of N●●ma●dy hauing 〈◊〉 vpon that Subiect to make a ●●uy of Grysons and thinking to spare the Ki●gs money lost that Estate The same Pope Iulio the second to the end nee might busie the same King sent his Nuncios to treate a peace with power to conclude it but with certaine limitations which might breed a doubt of his intention And hauing recouered his health hee continued the same treaty and at the same time made another offensiue League with the Venetians and the King of Aragon against the sayd King After these practises the King of Aragon and the King of England kept the French King in doubt of the League made by them to the end they might hinder his preparations The Emperour Maximillian the first to haue meanes to reuenge himselfe of the French King by a fraudulent reconcilliation interrupted the treaty which was made betwixt the sayd King and the Venetians and hindred the preparations of Warre which the sayd King might make making shewe that he would treate a peace with him The Spaniards to interrupt the League which was ready to bee made betwixt the Princes of Italy and Pope Clements the seauenth after the battaile of Pauia propounded vnto the sayd Pope to treate an accord The which not onely hindred the League and stayed the preparations of Warre which he might make but also caused him to discharge the troupes which he had drawne vnto him for his safety Hugo de Moncada made other prepositions of an accord to the same Pope to make him the more negligent to thinke of his defence Bourb●n leader of the Emperours troupes entertained the Pope with an accord whilst the Army marched towards Rome The Goufalonier of Florence to keepe Pope Clement from attempting any thing openly against the Citty entertained him with hope of some secr●t pra●●ises The Spaniard who in matter of State make no great difficulty to breake their faith doe more vsually practise this pollicie then any other Nation Alexander the sixt as Guichardin saith to busie his enemies excused those things that he could not deny and deuised those were doubtfull pacifiyng some with promises and good lookes and assuring others by diuers meanes treating with them a part to the end hee might breed a iealousiy among them and disvnite them Gonsalue in the treaty which hee made with the Duke of Calabria sware vpon the holy Host that hee would send him into France to his Father Fredericke But the interest of State preuailed more with him then the opinion of Men or the feare of God so as he sent them into Spaine Hee makes the like reckoning of the faith which hee had giuen to Duke Valentine by his safe conduct Notwithstanding the which hee sent him Prisoner into Spaine But Ferdinand of Aragon his Master sent him backe For hauing sent Phillip Arch-Duke of Austria into France to treate an agreement vpon the difference for the diuision made of the Realme of Naples betwixt him and King Lewis the twelfth in regard of the limits and bounds Notwithstanding that the sayd treaty had beene sworne by the
he may not mingle it with profit for that many would make more esteeme of profit then of Honour If the liberalities of Princes towards priuate persons doth get them good-will not onely from those which taste the fruite but also from all others which participate in hope That which the Soueraigne practiseth towards the Publique as being more profitable and ex●nding to more persons should pu●chase vnto him more generally the affection of the people As the Succours which the Prince giues in publique calamities in famine plague dearth burning of Townes Warre inuasion of Enemies Earth-quakes inundations and such accidents For that the Prince alone may giue this releife being necessary to haue meanes wh●ch exceede the ordinary The reason of Estate will not allow that any priuate person although he were able to doe it should enter into this kind of liberality which it may be would aduance him in the loue of the people before the Prince And in Common-weales and popular Estates ●ome priuate person hauing attempted to shew their bounty haue beene punished as men which sought by this meanes ●o seduce the people and to vsurpe the Estate Seeing then that this liberality is fitting onely for the Prince he must practise it as much as may be and not suffer occasion to be lost There is another sort of liberality which the Prince may practise to the benefit of the Publique no lesse importing then the other which is to aduance to vertue by the establishment and foundation of Seminaries of Piety and Religion of Schooles and Colledges for all sorts of Sciences which may serue the Publique Of Houses of Honour and Vertue for the practises and exercises which may serue in Warre and of other places for all sorts of Worke-men and Artizans for the bringing in of Manufactures whereof I haue formerly treated CHAP. 4. Of the Princes Iustice. IVstice is generally bel●ued and desired But when they will practise it ag●●nst priu●te persons the commis●ration they hau● o● a con●emned man or the colour of some contrary reasons ioyned to interest and obstinacy make the rigour and seuerity odious to many Wherefore in a manner in all Estates the exercise of Iustice hath beene diuided into two parts That which concernes the punishment of crimes and the deciding of controuersies betwixt man man hath beene left to the Magistrates and inferiour Officers to the Prince to free him from the enuy and hatred which condemnations draw after them And that which concernes the distribution of D●gnities honours charges recompences pardons and rewards hath beene retained by the Prince to gaine the loue of the Subiects Yet the Prince euen in that which concernes p●iuate men may shew himselfe a louer of Iustice and by this meanes winne the affection of his p●ople not incurring any enuy by the establishment he shall make of Lawes necessary to supp●esse the fraud and violence of his Age by the choise he shall make of good men to administer Iustice And by the care he shall take to keepe them in awe in p●escribi●g the forme of the administrati●n o● Iustice. The frauds most vsually practised in an Estate by priuate persons are disloyalty vsury falshood frauds and M●nopolies by the which some grow suddainly rich some extremly poore whence many times grow the despai●e of those whō they thrust into innouations the insol●ncy of the others which maks thē insupportable and from the one and the other growes trouble and in the end the ruine of the Estate followes Against this kind of disorder and abuse the Prince must shew himselfe affectionate for Iustice by the o●dayning of ●igorous punishments against such as shall be surprised as also in blaming them in his discourses according to the occasions which shal be offered and by admonitions and exhortations to Iudges in generall not touching any one in particular and of persons otherwise odious And particularly vsury or interest which cannot bee defended ought to be regulated at much lesse then the ordinary gaine of those which borrow be they Marchants or Laborers may mount vnto to the end that the poore in borrowing of the rich may lay and pay that which they are forced to borrow and thereby auoyd the ruine of the poore by vsury and that of the rich by banquerupts whereof they are the cause As for violence which is committed in an Estate it is of two sorts the one is of Theeues and Robbers who by open force and Armes trouble the safety of priuate persons against the which the Prince hath a double reason to oppose himselfe as well for that all force ought to be in his hands as for that he is Established to mainetaine the peace and safety of his subiects not onely against strangers but also among themselues and the Prince which comes and doth not giue order looseth the loue of his Subiects and exposeth his reputation to contempt which makes him in the end loose all his authority and is in danger that these Theeues seeing themselues strong will trouble him in his Estate But this is easily preuented in lending a strong hand to Iustice and causing those to assist which are apoynted for the apprehension of such persons The other so●t of violence contrary to Iustice is the oppression of the poore by great Men be it that it is made by the vnlawfull exactions of money or of day workes beating or other ryotts to preuent the which the Prince must n●t onely in his ordinary discourses cond●mne this ma●●er of proceeding thr●atning them to be punished without taking notice of any person in particular but also that whic● shall concerne the punishment of priuate men he must l●aue free to the ordinary Iustice to dispose accordi●g to the Lawes without assisting the delinquents with any fauour or pardon as many Princes vsually doe who trouble the order of Iustice by such impunities and ruine their Estates by maintayning such people And we haue often seene that a Prince hath saued the life of some such man who in a combustion hath beene the first to raise the Subiects and to draw his sword aga●nst him This is the recompence which such Princ●● deserue They come by degrees to pride and disobe●●ence as to all other vices He that hath dared this day to coa●●●ne the Law and the Magistrates to morrow will co●t●●ne the Prince who hath made the Law and ha●h established the Magistrate and if occasion be offred will attempt against him I meane not for all this to tye the Princes hands so as he may not giue a pardon There are cases in which Iust●ce doth allow it But besides when as some great and publique profit requires it as if it bee for a man from whom the Publique hath d●awne great and famous S●ruices or if by the punishment there will follow some trouble in the Estate The Prince in this case for a gre●t●r good or to auoyde a great mischiefe may dispeace a●d pardon him But
before he resolue he must examin● duely what he intends ●o doe and he must not flatter himselfe in his considerations to fauour some one ●g●inst Iustice which considerations he shall keepe secret l●●t they draw vnto a consequence And moreouer before he comes to that if there be any particular interest it must be satisfied with such contentment as there may be nothing to be desired nei●her from him which hath offended nor ●●om the Princes ●ustice Among all the violences and oppressions which great Men commit the most dangerous to an Estate and which ought to be lesse supported by the Prince is that which is done against the Magistrate eyther in executing his charge ●or in hatred thereof For this is to attempt directly against the Publique and to ouerthrow the order of Iustice making by the impunity of such violences the Magistrate fearefull in t●e execution of the Princes will He that endures these violences not onely seemes to loue Iustice and the publique good but little but also makes them thinke that he feares to punish them by the ordinary course of Iustice and in such conniuences he loseth both the loue of his people and his reputation The second point wherin a Prince may shew his ●ffectiō towards Iustice is the choise which he shal make of those which shall administer it for him As cōtrariwise the indifferency which he shall shew to make vse of the first commer● will discouer his carelesnesse I meane to speake here not onely of those which are destinated to iudge the controuersies of priuate persons but also of all such as vnder the Princes Authority haue any power or command according vnto which they may doe something iustly or vniustly For Iustice is mingled and practised in all actions be they priuate or publique Euery man is a Iudge in his charge And wee must not say that there being good Iustice we may not punish those who vnder the Princes Authority shall offend in other Offices For besides the Difficulty which is sometimes found the same may they say of Iudges But the Princes fore-sight may passe farther and hinder the mischiefe and iniustice as much as may be It is the last remedy to punish and wee must doe what possibly wee may not to come vnto it To preuent all this wee must vse choyce whereof few Princes dreame and the contempt of this choyce in some Estate● is p●oceeded so farre as Offices are giuen to them that wil● o●fer mo●t An apparent signe that these Estates are neare vnto their ru●ne Some Princes haue had this care to propound in publique the names of those whom they meant to send into Prouinces to see what might be obiected before they sent them Others haue made Rolles of those that were to be imployed in Offices causing themselues to be informed sec●etly by good men And others haue chosen them according to the opinion of the people But the safest meanes is that whereof we haue spo●en to cause them to ex●cute the meanest Offices from deg●ee to degree before they were aduanced to others of great importance For then more men are able to testifie of their Experience and Discretion and their Actions being as it were publique and apparent to all the World it is more easie to iudge 〈◊〉 petty charges they will accustome themselues to doe well for the desire they haue to be aduanced to greater And admit they would transgresse besides that the euill cannot be great it may be easily corrected But this is not all to haue chosen such as must attend Iustice although that it would bee more then halfe the worke to haue chosen them good and capeable men but man changeth and many times amidst the malice of men which are reported vnto him to iudge he learnes to be malicious Wherefore the Prince must alwayes haue an open eye to maintaine them in Integrity And this demonstration which he shall make in reproaching them for some fault which they haue committed will in a manner suffice in an Age that is not too much corrupted But in another hee must according to occurrents adde to his helping hand to pr●uent the mischiefe One of the meanes to auoyde the euill and to pre●erue the integrity of I●dges is after that h●e hath made choise of honest men to giue them meanes to enentertaine themselues in seruing the Publique To the end he may draw them from the thought which necessity might force them to to gather goods by vnlawfull meanes Others haue held Officers in awe by inquieries made from time to time But the Commissioners of these searches being as well subiect to corruption as the rest this cou●se hath not beene long obserued Moreouer Princes thrust on by the harpies of the Court haue many times made vse of these meanes rather to gather together money then to reforme disorders I here hauing beene vnder the like pretext a publique concussion drawne into many Estates the which hath equalled by the meanes of generall and particular compositions which haue beene made good men with the wicked No man how good soeuer being desirous after a long vexation of imp●isonment and proceeding to run the hazard of a Iudgement of Commissioners whereof some are many times partizans or depending of partizans for such compositions or rewarded by the Fines and Confiscations which they make and for a small matter would hang a man to haue his clothes Another mischiefe which is committed in such compositions is that by the meanes thereof the wicked remayning still in his Office vnder hope to be freed another time at the same rate doe worse then they did before And hee which is an honest man seeing himselfe compell'd and forced to pay a Fine for an oftence which hee hath not committed resolues to doe it as well to re-embource himselfe as to haue meanes another time to satisfie the auarice of the Authours of such searches Wherefore they must eyther make no enquieries or else they must finish them by the course of Iustice. But if in such things the Prince will shew sauour and pardon some one mans life At the least after hee is reprehēded he may not suffer him to continue in his place as wel to take from him the meanes of ill doing as not to make the charge contemptible and himselfe ●dious in maintayning a person therein who hath beene held of a bad life There are Princes which haue made vse of spyes w●om they sent throughout the Prouinces to inquire of the actions of officers And these for that they were vnknowne might easily enter into all places and obserue the actions of one and another and sometimes doe bad offices vnseasonable for the honestest men yet the Prince being wise and not relying vpon the report but tying them to a secret proofe and without any brute may make vse of it and ought not to neglect this meanes Lewis the twelfth who was called the Father of the People for that he held a
naturall dulnesse of the mind deafnesse and other indispositions of the body Others proceed from Fortune as to be vnfortunate and without support with such other defects which can be hardly remedied The principall remedy is not to shewe himselfe vppon all occasions whereas these defects may bee more visible Tyberius finding himselfe not so affab●e as Augustus would neuer come among the people to Playes and Theaters as Augustus did but kept himselfe close and retired and neuer shewed himselfe but in great actions for the which he had prepared himselfe long before So the Prince must as much as may bee hide his imperfections and not shewe himselfe in publique but well prepared according to his dignity and if it may be recompence the defect of nature by some aduantage of the mind There are other defects which breed a contempt of the Prince in the Subiects minds the which proceeds only by his owne fault and may be easily auoyded As irresolution in his Councells lightnesse inconstancy and iniustice in his commands negligence in his affaires and seeming to depend of another or tying himselfe so strictly to some priuate person as he trusts him with all the affaires of the Estate an ordinary indiscretion in many Princes The onely remedy to preuent all this is to doe the contrary and to follow that which wee say must bee done to purchase reputation These are the defects which ingender hatred whereof they which procure contempt are most dangerous For contempt giues courage to those that desire to vndertake whereas cruelty and a●rice although they breed hatred y●t such as a●e fearefull And moreouer by cruelty you diminish the number of your Enemies and amaze the rest and by auarice and exactions you make them v●●ble But the most preiudiciall defects are those which breede hatred and contempt both together As lasciuiousnesse and d●unkennesse the one for its beastlinesse and the other for the scanda●l and trouble of Families which it doth vsually draw after it Wherefore the Prince must not onely fly from them but auoide the suspicion CHAP. 12. Of the defects of Magistrates Officers and Ministers to the Prince THe defects abuses and disorders of those which haue any charge and gouernment in the Estate the which may further its ruine are of two sorts For either these abuses proceede from corruption which is found in particular persons of whom they haue made a bad choice or haue beene corrupted with time or else it proceeds from some bad custome the which vnder pretext of good and by a bad interpretation of the Law or of an order made in the establishment hath beene brought in To remedy the first the best course will be that seeing the choice w●s bad to make another But therein he must vse his discretion For that all changes are dangerous and that sometimes seeking to preuent a misch●efe the remedy is found worse then the disea●e Lewis the Eleuenth meaning to reforme France changed all his predecessors Officers whom in the end he was forced to restore to auoide a generall reuolte If this corruption may be easily punished without trouble in some of the principall and that the example of punishment may reduce the rest vnto their duties he must doe it with seuerity But if he cannot effect it he must draw those which nourish these abuses from their acquaintance and familiars And imploy them in some other places with honest men who may serue as comptrolers and examples to doe well and to keepe them in awe No man is willingly bad for nothing eyther it is to doe pleasure to some one from whom he hopes for support or to reuenge his owne iniuries or those of his Friends or for couetousnesse the which he cannot well practise without confident mediators Take him therefore from his acquaintance and out of the hands of his Enemies mantaine him against the g●eatest to the end hee may not feare any future wrong There is no doubt that there being no man to whom he may intrust his corruptions nor whom hee may distrust hee will bee indifferent in that regard and will haue no thought but to doe well But retire him before he may enter into strict familiarity with any man And so of a man how corrupt soeuer you may make good vse of him for your seruice if he be not altogether impudent and depraued In which case being easie to discouer his practises it will be as easie for the Prince to cause him to be punished But if the abuse be in the bad administration of Lawes or of the establishment which hath beene made of some order he must eyther by interpretation or by change or by abrogation of the Law or order prouide for it But for that it would be a difficult thing that they which made their profit by the abuse should willingly yeeld vnto it if they be many in number he must make himselfe the stronger as Licurgus did For in such affaires they are commonly ill assisted the partizans of the reformation being cold and they which profit in the abuse who haue the pretext of Custome and the Lawes for them are more violent to preserue that which brings them profit But the Prince must first consider duly if that which he meanes to establish will hold For that abuses which haue taken a deepe roote are hardly pulled vp and sometime it is mo●e fit to liue with these abuses quietly in an Estate then seeking to take them away to put all into co●fusio● It is a body which hath an infirmity the which you must striue to cure yet in such sort as you put not the patient in da●ger of death It is a Philme in the eye yet the eye hath not ●wholy lost its sight If you cannot cleare it without losse of the sight it were better to leaue it there Aboue all in a reformation you may not make a Law that looks too farre backward and makes vs enter into the search of that which is past long since Neither must they establish an order altogether new But you must gently and by little and little reduce them to their first institution and not pull vp the Tree to plant another in its place but set it by The string which makes an Instrument out of tune must be gently straind vntill it be in tune and not broken We know the defects and inconueniences of an ancient estab●ishment but we are ignorant of the inconueniences of a new But if t●e order were so perue●ted as it were impossible to make vse of it yet in the establishment of a new you must retaine the same termes names and qualities of the ancient● for that the people feeding themselues more with the shew of truth the face of antiquity in such establishments hath more authority with them and nouelties a●e suspected vnto them and lesse esteemed But if you cannot retaine the ground of this antiquity you must colour the innouatiō with the names of the ancient establishments to