Goods thereof to be done as shall please him There is in this Oath as great Security taken Observations on this Oath as morally can be that the Judges perform their Office uprightly and judge according to the Law and if this will not make them wary how they give Judgment contrary to Law there are other Constraints upon them As first That the King may displace them when he pleases they holding their Places only durante beneplacito Secondly The House of Commons may question them for any false Judgment and Miscarriage in their Office which must be a great Check and deterring of them from giving any unjust Judgment either for Lucre-sake by Bribes or Partiality of Affection There are besides others two illustrious Examples of punishment of Corrupt Judges the one of Sir William Thorp (t) Rot. Parl. 25 E. 3. Rot. 10. condemned for breach of his Oath in taking Bribes Judges punished for breaking their Oath He was Indicted before the Earls of Arundel Warwick and Huntingdon the Lord Gray and Lord Burghers 24 E. 3. and the Record saith Ideo consideratum per dictos Justiciarios assignatos ad judicandum secundum voluntatem Regis secundum Regale posse suum because he broke the Oath which he took to the King and so was adjudged to be hanged The (u) Exact Abridgment p. 74. Record of this Judgment was brought into the Parliament 25 E. 3. the King having by a Writ under the Privy-Seal stayed his Execution and it was read opeâ— before the Lords and all the Lords affirmed the Judgment to be good provided this Judgment should not be drawn into example against any other Officers who should break their Oaths but (z) Qui praedictum Sacramentum fecerunt fregerunt habent Leges Regales Augliae ad custodiendas only those that took the said Oath of Justices and broke it such to whom the Royal Laws of England are committed The other is the Famous Sir Francis Bacon Lord St. Albans who being Lord Chancellor was found guilty of taking Bribes by his Servants whom though many for his great Learning would acquit as leaving too much to his Servants yet he fell an illustrious example of Justice against the highest Judges and in the forecited Record against Sir William Thorp it is apparent that the Lords who in those days were the sole Judges in Parliament thought no persons breach of Oath was capitally to be punished but only the Justices Before I come to speak to some of the long Parliaments writing Champions misapplication of the Kings Power in his Courts I think it expedient to give some Characters I have met withall of the qualifications of Judges In a Speech made to Justice (a) MS. Speech penes Rad. Thoresby de Leedes Gen. Manwood when he was chosen Lord Chief Baron the Chancellor tells him There are four things requisite in a Judge First His knowledge of the Law which is presumed every one hath that the King appoints to be his Justiciary Secondly Discretion that though in his Judgment he may vary from the letter of the Law yet he may never judge contrary to the intention of it which is Animus Legis Thirdly Integrity for it were better to have a Judge of convenient learning and discretion that would command and rule his Affection and Judgment than one of excellent knowledge and discretion that will submit the same to his corrupt Affections Fourthly Care and diligence For if a judge be furnished with all the preceeding qualifications yet if he be slothful and do not expedite his Judgment all the former serve to little purpose for qui diâ— distulit diâ— noluit My Lord St. Albans (b) Essays though he fell as before I have noted under great censure yet in his Essays tells us that a Judge's Office is Jus dicere non Jus dare that they ought to be more wise than witty more reverend than plausible more advised than confident and above all things that Integrity was their Portion and proper Vertue The unjust Judge being a Capital remover of Land-marks Injustice making Judgment bitter and delay sowre Another famous (c) E. of Clarendon's Survey p. 125. Chancellor whose unexpected exile after he was raised to the happiest Estate of a Subject may teach all to judge no State of Felicity assured upon Earth tells us that Judges are presumed by Education to be fitted for the understanding of the Laws and by their Oaths bound to judge according to Right and so must be the most competent to explain the difficulties of the Law which no Soveraign as Soveraign can be presumed to understand and comprehend and that the judgments and decisions those Judges make are the Judgment of the Soveraign who hath not qualified them but Authoritatively appointed them to judge in his stead and are to pronounce their Sentence according to the reason of the Law not the reason or will rather he means of the Soveraign But now I proceed to other matters The Long Parliament impeached all the Judges that had voted the legality of Ship-mony The Long Parliaments Impeachment of Judges as also brought to their Bar the Lord Chancellor that thereby they might strike a greater terror on the Kings Loyal Subjects especially in the House to make them comply with them and though they would have had the Power of nominating and removing the Judges and have rent that branch of his Royal Prerogative from him yet they not trusting if they effected this that it would do them any service when they had put in such Judges as they liked if the King might still Commissionate them according to old form pro beneplacito Therefore they pressed hard They would alter pro beneplacito that every Judge should continue quamdiu se bene gesserit which I only note to show they were desirous to new model the whole Government As the long Parliament of 1641. by their dissolving of Church-Government gave birth to varieties of Opinions The Long Parliament endeavours to weaken the King's Prerogative Schisms and Heresies in Religion so by their design of unloosening mens Obligation to the Monarchy they were forced to make use of many false Inferences and Judgments of the known Laws Amongst which one was when they were beaten off from the several pretences of having some Paramount Power over the King whereby he stood obliged to resign his reason to their Votes they alledged that since the King could not reverse a Judgment given in an inferior Court a fortiori he could not frustrate their Votes being the Supreme Court as well as Council In Answer to which it is to be considered How Judges in their Judgments sustain the Person of the King that in other Courts the Judges sustain the Person of the King the Law is deposited in the hands of the King and all Justice is administred by him and in his name so that his consent is by Law involved in what by Law they
may be grateful to others and will allow that in so great a work wherein much variety of Reading and Argument was requisite I cannot expect to adapt things to the Genius of every one Yet as far as I am able even in this particular I have endeavoured it Non vero nudas sparsas sententias dedimus nediâ— Huerent effet quod dicitur Arena sine Calce sed eas inter se haud indecentervinximus interdum velut cemento quodam commitimus nostrorum verborum Ut Phrygâ—ones e varii coloris filo unum aliquod Aulaeum formant sic nos e mille aliquot particulis uniforme hoc cohaerens corpus Lipsii Polit. de Concilio Forma Operis by interspersing in every Chapter either Historical Remarques or the weighty Sentences of Grave Authors and though I lose some of the Elegancy and Emphasis in rendring them into English yet I hope the Reader will have recourse to the Margent where he will find I have not wittingly falsified any Quotation What Apologie Lipsius makes for himself I must crave the benefit of That though I have culled out from Learned Authors great variety of Sentences yet I have not so scatteringly strowed them that they might seem Sand without Lime but have with such Cement as I could not undecently inlaid them And as the workers of Hangings from threads of divers colours weave one piece of Tapistry So from a thousand Arguments and materials I have fashioned the uniform and connected discourse of the English Monarchy which though in single branches hath with great Judgment and Arts been composed by others yet that I know of hath not been so digested in one body before This consideration leads me to another necessary Apology for my self that whereas by an heedlesness I dare not excuse I had not in my first draught noted the Pages in some Modern Authors nor the Authors themselves yet have transcribed their whole Sentences I desire the candid Authors and Reader not to Interpret this a studied Plagiarism but rather impute it to the good Opinion I had of the vivacity and significancy of their expressions which made me insert them and no design to vend stollen Wares undiscovered for it will be easily found that I challenge them not as my own and if the attentive collate such places he will find that what ever rich Gemms or Metals I have borrowed I have endeavoured to place them with advantage and though I cannot say I have enriched them in the setting yet have mostly used some workmanship about them or have added some ancient Authority parallel to them This having been the product of many spare Hours and my Profession which no other studies have ever interfered with having often obliged me to leave the matter abruptly in the middle of a Paragraph whereby I returned not again to it with the same warmth and train of thoughts and the sending up my Copy in parcels at distant times to the Press I hope will prevail with the considerate to pardon what inconnexion broken ends or some small repetition may be found in it I must here also advertise the Reader that the whole Original was writ and the most part Printed before the last Session of Parliament Nov. the 9th So that what hath fallen out since he can expect no touches upon and though at present the Harmony be not the same that was formerly betwixt the King and his two Houses yet it is to be hoped that betwixt so Wise and Gracious a King and so Loyal a Parliament there can be no long discord especially when it is considered who will have the greatest advantage by it If this Treatise contribute any thing to it I shall think my self very happy However I hope Gentlemen and Scholars will find it a pleasing divertisement in their Closets and Studies it being fitted for the hours of such recess and upon every head there being variety of matter collected and great Volumes epitomized and several Authors noted who treat upon that Subject it will be a Promptuary or Common-place out of which many out of this Ore upon occasions of moment may digest for their own use refineder notions and having a competent store of Observations from Writers of good esteem laid before them may with more ease bring them to the Test of their own Judgments Having dealt thus frankly with all I hope Gentlemen will allow me that plea which most require that for some Moles Dimples or Scars an otherwise tolerable mien is not to be contemned and though I must expect the fate of all Builders that most will conclude they could have contrived better In magnis veluse yat est yet I hope three things First That the well-wishers to English Monarchy will have a favourable opinion of the design what ever they have of the performance Secondly That this may excite some who have more leisure greater helps and more refined Judgments to undertake this useful subject with happier Auspices And lastly That none will entertain a worse opinion of the Government by reason of my unskilful describing of it or despise the whole because I may for all my Circumspection have committed Errors in following the Sentiments of some Authors or mistaken the true sence of any of them which hath not been done willfully by N. Johnston OF THE EXCELLENCY OF Monarchical Government Especially of the English Monarchy WHEREIN Is largely Treated of the several Benefits of KINGLY GOVERNMENT and the Inconvenience of COMMON-WEALTHS c. CHAP. I. A Comparison of the Body Natural and Politic with an account of the subject Matter treated of FROM the Contemplation of our selves in the Faculties of our Souls and the Subservience of our Bodies no doubt wise Men have fram'd the Idaeas of Government with is agreeable to what the Great and Ancient Philosopher (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Polit. lib. 1. c. 5. notes That every living Creature consists of Body and Soul whereof the one by Nature commands and the other obeys and in another place (b) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ib. he distinguisheth the manner of the Soul's Rule in that it rules the Body by a Masterly and Absolute and the Mind rules the Affections by a Kingly Command As the Natural Body consists of Head and Members made stable and erect by the Bones tyed together and curiously interwoven by the Nerves Ligaments Tendons Muscles and Membranes Comparison of the natural with the Politic body pervaded by the nutritious juice Lympha and Blood irradiated by Natural Vital and Animal spirits animated and enlivened in all its motions by the Energy of a Rational Soul So in the Political the Sovereign the Head and the People the Members are held together by the strong Sinews and Nerves of good Laws and Political Constitutions actuated and enlivened in all their motions by the influence of the Prince and his Government as the Soul Archaeus and Coelestial fire whereby every Member performs its Offices in this
intended to invade the Subjects Liberties but if they allowed the Writ the delicious Power of Imprisoning such as they had a Pique to was utterly lost and all Persons referred to the ordinary Courts of Justice or upon their failure to the House of Lords Sir William Jones against any ones Release by Habeas Corpus if they were imprisoned by the House of Commons the Supreme Tribunal of England Sir William Jones insisted much upon the Power of the House and that they did not intend by that Act to bind themselves which yet must bind the King though it might as well be alledged That he did not intend to bind himself by it However Sir William persisted urging See Debates of the House p. 217. That whatever Reasons may be given for discharging such as are not committed for Breach of Privilege if grounded on the Act for the Habeas Corpus will hold as strong for discharging of Persons for Breach of Privilege and so consequently deprive the House of all its Power and Dignity and so make it insignificant and said That was so plain and obvious that all the Judges ought to take notice of it and so judged it below the House to make any Resolution therein but rather to leave the Judges to do otherwise at their peril and let the Debate fall without any Question But Baron Weston had the Courage to grant the Habeas Corpus Baron Weston grants the Habeas Corpus as rather willing to expose himself to the Displeasure of the House than deny or delay Justice contrary to his Oath I could not omit this remarkable Passage as a Specimen of the Arbitrariness of the Leading Party in that House Brief Register part 4. p. 846. and now shall proceed to Mr. Prynne's Remarks upon the Proceedings of the long House of Commons He observes Privilegia omnino amittere meretur qui sibi abutitur concessa penestate Ejus est interpretari cujus concedere Summa Rosella Privilegium 3. That Privileges may be lost by the abuse of the Power and that whatever Privilege the House hath is from the King's Grant or Toleration Therefore according to the Canonists Rule If the Privilege granted be expressed in general dubious or obscure Words then it is in the power of him to interpret who hath the power to grant Now the Petition of the Speaker is That the Commons in this Parliament may and shall have all their Ancient and Just Privileges allowed them Therefore the King Nemini liceat Chartas Regias nisi ipsis Regibus judicare Placita Parl. 18 E. 1. num 19. p. 20. being the sole Granter of these Privileges must be the only proper Interpreter and Judge of them as he is of all his other Charters of Privileges Liberties Franchises and Acts of Parliament themselves after his Regal Assent thereto not the Commons or Persons to whom they are granted and that both in and out of Parliament by Advice of his Nobles or Judges of the Common-Law Therefore he saith first How the Breach of Privilege to be punished according to Mr. Prynne See the Authority Brief Regist part 2. p. 847. That if the Commons by Petition to the King and Lords in Parliament complain of the Breach of their ancient Privileges and Liberties as they ever did in the Cases of Lark Thorp Hyde Clerk Atwyll and others the King by Advice of his Lords in Parliament assisted with his Judges hath been and as he humbly conceives is the sole proper Judge of them and their violations not the Commons who being Parties Prosecutors and Complainants are no legal indifferent Judges in their own or Menial Servants cases if they will avoid partiality which is the reason the Law allows Challenges to Jurors in Civil and Criminal causes Therefore he observes Ibid. p. 1206. that the House of Commons taking Informations without Oath may be easilier abused by misinformation and sometimes thereby are put upon over hasty Votes which upon finding out evil Combinations they are forced to retract Secondly The Chancellor or Lord Keeper to grant the Writ If the complaint of the breach of Privilege be made in the Commons House and thereupon an Habeas Corpus Writ of Privilege or Supersedeas prayed under the great Seal for the Members or menial Servants release whose Privilege is infringed the Lord Chancellor or Keeper of the great Seal representing the Kings person in Chancery the Court for relief in cases of Privilege is the properest Judge and Examiner of the claimed Privilege and its violations upon Oath and other sufficient Evidence assisted by all the Kings Judges in cases of difficulty who thereupon will grant or deny the Writs Thirdly The Judges of the Courts to which the Writ is directed to judge of the validity of the Privilege When these Writs of Privilege Supersedeas or Habeas Corpus are granted to any Member or menial Servants and directed to any of the Kings Courts to enlarge their restrained Persons or stay any Arrests Process or Judgments against them the Kings own Judges in his respective Courts to which they are directed are then the proper Judges of the Privileges of Parliament and of their breaches suggested in these Writs who may examine not only all matters of Law or Fact comprised in them which are Traversable but likewise adjudge allow or disallow the very Privilege it self if no real ancient Parliamentary Privilege allowed by the Laws and Customs of the Realm How far he is in the right I will not undertake to judge but I remember somewhere he wisheth an Act of Parliament to pass to adjust these matters which possibly would prevent many of those chargeable attendances about false Returns and save much expence of time in the discussing of them and enable the Subjects to pay a right and due obedience to them SECT 12. Concerning the Royal Assent to Bills I Have treated so much of this elsewhere as to the sole Power in the King the ancient Custom of Sealing the Acts with the Kings Seal and of some of the Prelates and Nobles as Witnesses of their Assents that I shall only now speak as to the usual formality of passing the Bills into Acts by the Kings last Act. See also his Memorials For Mr. Hackwell hath given a full account of the manner how Statutes are enacted in Parliament by passing of Bills to which Book I refer the curious Reader that would understand the order that is used in the debating and passing of them When Bills are passed by both Houses upon three several Readings in either House Hackwell of Passing of Bills p. 179. ad 182. they ought for their last approbation to have the Royal Assent whereby every Statute is as Mr. Hackwell observes like Silver seven times tryed The Royal Assent is usually deferred to the last day of the Session and because some have been of opinion that the passing of Bills The Royal Assent determines not the Session
Capitularia Caroli (e) See Fred. Lindebrogus Codex Legum Antiq. magnis the Burgundian Alman Bavarian Saxon Longobard Ripuarian and Frisons Laws mention such Officers for preserving the publick Peace and (f) See Prynne 's Irenarch Redivivus p. 1. ad 5. punishing all Malefactors and infringers of the publick Peace as we have At the Common-Law before Justices of Peace were made there were sundry Persons to whose Charge the maintenance of the Peace was recommended and who with their other (g) Dalton's Justice of Peace c. 1. Conservators of the Peace Offices had and yet still have the Conservation of the Peace annexed to their Charge as incident to and inseparable from their said Offices yet they were only stiled and so now are by their Offices the Conservation of the Peace being included therein First the King is the principal (h) Idem Conservator of the Peace within his Dominions The King the principal Conservator of Peace and is properly Capitalis Justiciarius Angliae in whose Hands at the beginning the Administration of all Justice and all Judicature in all Causes first was and afterwards by and from him only was the Authority derived and given to all yet the Power nevertheless remains still in himself insomuch that he may himself sit in Judgment as in ancient times the Kings here have done and may take Knowledg of all cases and causes Before I leave this Head I cannot pass by the Act of (i) 20 H. 7. c. 11. H. 7. wherein is so fully declared the King's Care to have due Administration of Justice as in the close of the last Chapter I have only hinted The Reasons why Justices of Peace made The King's Care for right and easie Administration of Justice The Preamble saith The King considereth that a great part of the Wealth and Prosperity of the Land standeth in that that his Subjects may live in Surety under his Peace in their Bodies and Goods and that the Husbandry of this Land may encrease and be upholden which must be had by due Execution of Laws and Ordinances and so commandeth the Justices to execute the tenor of their Commission as they will stand in Love and Favour of his Grace and in avoiding the pains that he ordained if they do the contrary If they be lett or hindred they must show it to the King which if they do not and it come to the Kings knowledg they shall be out of his Favour as Men out of Credence and put out of Commission for ever Moreover he chargeth and commandeth all manner of Men as well Poor as Rich which be to him all one in due Administration of Justice that is hurt or grieved in any thing that the said Justice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the next Justice of Peace and if he afford no remedy then to the Justices of the Assise and if he find no remedy there then to the King or Chancellor c. and as a further security it is added And over that his Highness shall not lett for any favour affection costs charge nor none other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in security of their Lands Bodies and Goods according to his said Laws Thus we see who is the Principal Other Conservator of the Peace and Royal Conservator of the Peace others are the Lord Chancellor or Lord Keeper Lord Treasurer Lord High Steward of England Earl Marshal Lord High Constable of England every Justice of the Kings Bench and Master of the Rolls who have the power included in their Office and over all the Realm when they are present may award Precepts take Recognisances for the Peace of which and others Lambard in his Eirenarche may be consulted and how far Justices of Assise Stewards of the Sheriffs Turn and Court of Pye-powders the Sheriffs Chief Constable Coroners and Petty Constables may commit to Ward breakers of the Peace in their view though they cannot take surety at the request of any man that being peculiar to the Justices of Peace's Office Sir Edward Coke (k) Term. Pasch fol. 176. 4. Inst Coram Rege prima fuit Institutio Justiciariorum pro Pace conservanda Ad Pacem nostram conservandam saith that the first institution of Justices for the preserving the Peace was 6 Ed. 1. but Mr. Prynne will have it of older date because he finds that King Henry the Third by several Patents or Writs from the 17th to the end of his Reign did constitute and appoint several persons in most Counties of the Realm to be Guardians and Preservers of the Peace of the Realm and in the Patent 51 H. 3. m. 10.13 dorso it is dilectis fidelibus suis custodibus pacis Com. Linc. North. Ebor. Vicecom eorundem Comitat. and the like 54 H. 3. m. 21. d. But the first regular settlement of them seems to be Anno 1327. 1 Ed. 3. c. 16. The Authorities afterwards were further explained 4 Ed. 3. c. 2. 18 Ed. 3. c. 2. 34 Ed. 3. c. 1. Sir Edward Coke (l) Ibid. 171. tells us that the Commission of Peace stood over-burthened and incumbered with divers Statutes some whereof were before and some since repealed and stuffed with many vain and unnecessary repetitions and many other corruptions crept into it by mistaking of Clerks c. for amendment and correction whereof (m) Mich. 32 33 Eliz. Sir Christopher Wray Chief Justice of England assembled all the Judges of England and upon perusal had of the former Commission of Peace and due consideration had thereupon and often conferences betwixt themselves they resolved upon a reformation of the form with divers additions and alterations both in matter and method as it stood in Sir Edward's time and he saith It needed another Reformation by reason of Statutes since repealed and others expired of which he gives several instances Therefore he saith It is a good rule for all Judges and Justices whatsoever that have Jurisdiction by any Statute which at the first was Temporary or for a time to consider well before they give Judgment Whether that Statute hath been continued or made perpetual and if at first it was made perpetual Whether it be not repealed or altered by any later Statute What Commissions Patents and Writs were issued out by King Edward the First for preserving the Peace of the Realm suppressing seising and punishing of those who disturbed it may be found Cl. 9 Ed. 1. m. 10. d. in Rylies (n) P. 443 451 to 457 433 480. Prynne's Animadv fol. 149. Appendix so there is a Patent 14 Ed. 1. m. 15. 15 Ed. 1. m. 13. de militibus constitutis ad Articulos in Statuto de conservatione pacis edito contentoâ— observandos constituting persons of note in every County to observe them named in the Record and so for other Kings Reigns
opinion that she would exact no more than was absolutely necessary than many Princes have got by downright representing the necessities of Supplies Lastly One of the greatest preservatives against Faction and Sedition is when there is a blessed Harmony betwixt the Prince and his great Councils which when it happeneth otherwise requires great prudence in both On the Prince's part so to propose his demands as the Equity Convenience and Justice of them may be understood and when he finds they are unrelished and heats are like to arise either to bring some new matter upon the Stage that the former proposal may insensibly be forgot or by some whiles intermission of such great Councils give respit to his own and their second thoughts and on the great Convention's part to entertain a reverend opinion of their Prince's Judgment and with real assurances of their Loyalty humbly and dutifully offer their grave Counsels without exasperation so that the Prince may demonstratively know that they have no other ends in the non-compliance but the common good of Prince and People CHAP. XLVII Of Conspiracies and Treasons I Have hitherto treated of Faction and Sedition both as they tend to the disquiet of the Government in general and as they may influence the Court only or particular persons and so we may consider them marshalled and distinguished Faction to be the siding of Parties Sedition the drawing them into Tumults and now I come to Conspiracies and Treason or Rebellion as Overt-Acts The first two are the Root and Plant the latter the prickly heads and Seeds of those Thistles Conspiracy differs from Rebellion because the one may be managed by a few and primarily aims at the Assassinating the Prince and secondarily at the overthrow of the Government whereas the other armes Multitudes against him in hopes to worst him in open Battle Uncovered Hostilities saith (a) Aâ—ma aperta palam vites fraus dolus occulta eaque inâ—vitabilia 2. Hist Tacitus may be openly avoided but Deceit and Treachery are hidden shrouded Armes and by so much the more inevitable It is not so difficult for a strong well prepared man to master his open Adversary as it is for a valiant and vigilant man to avoid hidden dangers The Snake may lye in the Grass he treads on the Scorpion may sting him to death in his Bed a Felton or Raviliack lodge a Knife in his Bosom when he (b) Multa pericula neque evitare neque 〈◊〉 in promptu est Sallust ad Caesarem neither suspects nor fears or can avoid it of which the great Caesar is a most eminent Example The condition of Princes that have Seditious Subjects is the more hazardous when guarded as they think by their own Innocence they are too confident of their own Safety When as (c) Quibuâ— de conjuâ—â—tione comperta non creditur nisi occisis Lib. 40. Livy saith the Conspiracy in part detected is not believ'd till perpetrated A single Arm or a few Brâ—tâ— who value not their own lives as Seneca (d) Contempsit omnes ille qui mortem prius Octav. elegantly may be Lord or Butcher of anothers The danger is so much the greater when the Conspirators are many provided they be equally resolute Quisquis vitam suam contempsit tui dominus Epist 4. They have many (e) Multae illis manus tibi una cervix Hands and the Prince but one Life to lose even in the Life-guard and among the Halbardiers Conspirators may be listed if the Officers be not most circumspect to know the Inclinations and Tempers as well as Faces of the Souldiers The Life of the Prince is so valuable a Blessing that no care foresight and circumspection can be too much to preserve it for by such a death (f) Magni fortunam populi in ruinas agat the happiest fortune of a great People may be brought into instant ruine Against these kind of Conspirators the Clemency Heroick Virtue obligingest Temper or Piety of a Prince are scarce sufficient Mail. Therefore when such have Factious and Seditious Subjects it ought to be their special care and of all their Ministers of State and all their Subjects to double and treble their diligence and use all their probablest means to prevent and foreslow it and generally such rational (g) Omnia summa ratione gestâ—â—etiam fortuna sequitur diligent caution will have a prosperous event It may be useful to Princes to conceal the first Intelligence of Conspiracies till more fully discovered according to that of (h) Solum sape insidiarum remedium esse si non intelligantur 1. Annal. Tacitus That the only remedy against Treachery often is That they are not understood by which I suppose he means not only pure ignorance of them but that they mis-ken and conceal their knowledge of them Yet in the interim it is requisite to have trusty Spies securely mingled in all suspicious Companies that as the (i) Conari ne te lateat quid quisque subditorum fâ—cit 5. Polit c. 11. Philosopher saith It be not concealed from them whatever his Subjects especially the Malecontents say or do This Cromwell made one of his Master-pieces Fas est ab hoste doceri and by it prevented many generous designs against his Person and Usurpation Salust observes That of all mischiefs to a Commonwealth that of Conspiracy is the worst therefore such (k) Impia proditio celeri poena vindicanda est Valer. Lib. 3. c. 6. impious and barbarous Treacheries are to be punished with a swift Hand and Unrelenting Heart as also with the severest tortures Insidiatori latroni quae potest inferri injusta nex for as the Orator saith No kind of death can be unjust to a Traytor and a Thief However in the first place it is convenient not only that the Prince be secured but that all the suspected be in arcta salva custodia in close and safe custody before a Prince proceeds to Regular Justice according to that of the excellent (l) Securitati consules antequam vindictae 12. Annal. Tacitus To consult Security before Revenge In detecting Conspirators and exposing them to the hatred of the People great future security comes to a Prince therefore strict examination bolting out the Truth undeniable Testimony and a fair open Tryal render the Conspirators more odious and the Prince's Justice more conspicuous as well as his future security more permanent Otherwise a Prince may bâ—â—alumniated (m) Crebro vulgi rumore laceraberis tanquam viros intontes ob invidiam aut metum extinxeris 15. Annal. That he destroyed the innocent for envy or fear However it may be rationally presumed that whoever clandestinely whispers such things against a Prince may either be reputed a confederate or wisher of success to such a Conspiracy It is to be considered that it is natural to the Common People to have a Commiseration of those when they suffer whom they have pursued