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

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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
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