those houses of Parliament by generall consent concerning the publicke weale or generall good or euill it behooueth first that they soundly and maturely deliberate and consult vpon any thing important sifting out the circumstances which may tend to the most benefit or praeiudice and conscionably pondering each point in the ballance of reason may condiscend to that which will least preiudice the maine for when the billes of those houses are once exhibited past and inacted they cannot be repealed without another Parliament by generall consent of the Prince and of all persons In this high court all Iudgements issuing out of the Kings bench the Chauncerie Common plees the Exchequer the court of Wardes and that which proceedeth out of the court of Parliament it selfe may bee reuersed by writ of Error There are likewise other courts Ecclesiasticall and Ciuill Ecclesiasticall as the whole Conuocation of our Clergie assembled with our States of Parliament consisting of Deanes and Chapiters Archdeacons Procters of Cathedrall Churches and Deligates which are the generall with prouinciall Synods of Canterbury and Yorke vnto whom all the Byshopricks of England and Wales suffragate In speciall such generall courts as answere to this Synod are the Consistorie the Arches for appeales court of the Chancelor or Audience Commissaries court or the Prerogatiue for probate of Testaments with the court of Faculties for dispensations the courts held at Canterbury by the Chancellor for the Diocesse the court of peculiar Deaneries appertaining th'Archbishop and yet belonging vnto diuers Bishoprickes vnto which other Byshops are also subiect Euery priuate Bishop or Soueragaine haue courts also within their seuerall Diocesse to themselues peculiar their cours of Chancellers Archdeacons or Officials Ciuill courts hold plees either in cases of right dealing or in ciuill causes betwixt the prince and his tenants But of the Exchequer where those causes betwixt the Prince and his tenants are decyded I did speake somewhat in my first Booke The Dutchie of Lancaster by grant from King Edward the third to Iohn of Gaunt was exstinct by vnion of Possession with the crowne in person of King Henrie the fourth by whom it was seuered and so continued the whole times of King Henrie the fift and King Henry the sixth then vnited by Edward the fourth which being seperated againe by King Henrie the seuenth remaineth yet accordingly The Court of Chancerie wherein ought to bee the seate of equitie which mitigateth or morderateth the Law or as Aristotle calleth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 TanquaÌ„ sine fuco without guile or subtile hypocrysie should seeme to distribute and execute the Lawe of nature and conscience being corrected by reason but confirmed by Religion It is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the soule or that naturall facultie with perswadeth the good and diswadeth that which is euill and therefore as I sayd elsewhere Equitie should seeme to bee that Balme which modefieth and molefieth the rigorous Letter and rugged forehead of Law graciously smoothing the same with a blessed serenitie For when the Law by seuere interpretation is drawne to inconuenient kinds of facts and by colourable arguments mooued to frustrate the good meaning of the Statute then our recourse in England is made vnto the Chancerie being so notable and common that in other Courts through the corrupt levine and couetous malice of some Lawyers right is many times peruerted For diuers wylie Sophysters arguing with subtile insinuations and heaping vp authorities enforce the Letter of our Statutes that they may bee thereby accomodated to their owne corrupt purposes so that the violence done by such a Counsellor is much more then that which is offered by the wrong dealing plaintiffe or defendant against the innocent grieued Hence is this iniquitie thus enforced by the smoothe tongue of a subtile Lawyer which often times vrgeth and procureth a seuere or sinister sentence from whence appeale is made vnto this Court of equitie which is the Kings iust mercie seat from whence is dispensed that which is vulgarly called aequum bonum aequum iustum aequum iustum Intimating righteousnesse and goodnesse right and iustice and indifferent iustice for euen the lawes themselues require that they may be gouerned by trueth Et vt leni facili ac benig na interpretatione temperentur veréque dicitur nullus recedat a Cancellaria sine remedio To be qualified with a gentle milde and fauourable interpretation And it is a true saying Let no man depart from the Court of Chancerie without remedie The iudgements deliuered in this Court of honourable grace cannot be but by the Court Parliament reuersed the speciall proceedings in Chancerie are by petitions trauerses and shewing of right In this Court the Lord Chauncelloâ—… is iudge with the master of Rolles next vnder them the masters of the Chauncerie the sixe Clerkes and cursitors Adioyning these is the court of requests All those ciuill courts prementioned hold plee betwixt subiect and subiect either in triall of land causes as the kings Bench so farre at it dealeth in matters of debt assumption actions vpon the case properly belonging to the court of the Common plees or in the Common plees begun by king Henrie the 3. Likewise in the matters of Marshallsea within the virge limited to twelue miles neere to the kings house and no more where the steward and Marshall are iudges or in marine causes determinable in the Admiraltie which court was erected by king Edward the third all of them being generall courts Those which are speciall and peculier to some one prouince people or seignorie subiect to the state of this crowne doe follow The Constables court in Wales wherein the President and counsell with the Secretarie and examiner the Clarke of the counsell and keeper of the billes doe sit In the North part of England also where at Yorke a President and counsell is established both which counsels are fashioned according to the forme of Parliaments in France Likewise the Chauncellers court in the Exchequer which hath a Seale the writs vnder which are more antient then the Register or Prerogatiue There are also diuers base courts which as it should seeme were first of any that we can read begunne by Moses who did establish Iudges These ruled Tribes Hundreds Fifties tenths to whom he referred the decision of small causes reseruing to himselfe matters of most importance These courts were continued amongst vs in example by king Alfred the Saxon and a Christian king who deuided his realme First into lathes rapes ridings and them into wapentakes hundreds and those into leets court Barons tithings piepouders Secondly into Sherifes turnes and hundreds King Henry the second deuided this realme into sixe parts vnto each of which he did assigne three iustices called Itinerants by Bracton and iustices in eire by Britton whose circuits Roger Houeden describeth to be like our iuridicall circuits at this day and so much in generall touching the formes and nature of our Ecclesiasticall and
impositions must also be sildome that the people grow not wearie with them being fashioned more or lesse according to their plentie or pouertie for such princes are haunted with the furies of a lamentable infamie whose treasuries deuour the subiects labours and neuer rest satisfied with bloodie booties Wee may reade likewise in the French Chronicles that those impositions which Philip le beau and Charles the fift kings of that realme had set vpon the wines and salt caused the men of Gascoyne and others in the dayes of Henry the second king of Fraunce to rebell which was a great preiudice and danger vnto that state albeit now by custome a speciall part of that crownes reuenewes at which no man by reason of the long continuance in these latter times repineth but willingly submitteth himselfe to the burthen dependeth vpon them and the like Monopolies Good princes also will take heed of that pernicious desire which in prosperitie filleth vp the still gaping mouths and purses of parasiticall flatterers and temporizing Sycophants howbeit some liued in the late raigne of good Queene Elizabeth which abusing her high grace extended towards them out of her meere royall nature compassed such things as were both preiudicall to her reputation and to the Commonwealth in some sort such persons as these cannot be truely called seruants but vnto their owne intollerable affections neither will I giue instance of them namely being so generally knowne and fresh in our memories as also for many more reasons of modestie which inhibite it It is therefore most certaine that all newly denised monopolies vsurping vpon the subiects trades and trauels are odious and commonly daungerous such as amongst other Vespasian tooke of Vryne who because his sonne Titus seemed to mislike therof told him that though the subiect was vnsauourie yet the accident was sweet And what a beastly Monopolie or monthly tribute is that which is at this day taken into the Popes treasuries in Rome and at Bologna from those curtisans and whores which by profession prostitute their bodies for gaine Which the very Gentils and Atheists as Lampridius writeth in his Histories did prohibite That any tributes issuing from harlots or bauds should bee receiued into the sacred Treasuries but reserued in another place for the disposition of the Ediles Curules towards the furnishing and setting forth of publicke playes and showes as also to the reparation and mending of bridges ports and high wayes for the cities Commonwealth Likewise wee find that Alexander Seuerus taxed all sorts of artificers drapers glasiers skinners masons plasterers shoomakers with such like in a moderate order the Romane Empire being then growne vp to that height which could not easily permit insurrection or mutinies Onely this according truely with the state of princes in such cases Vectigal optimum est parsimonia for by beeing frugall of his owne he winneth the loue and fauor of his people in sparing of them Claudius Nero thought his tyrannies and oppressions of the people had purchased him a generall and mortall hatred amongst them yet deuised this one way Quasi pulcherrimum donum generi mortalium daturus to free the Romanes during his time from all tributes and thereby to wash out of the peoples remembrance all infamous notes of his owne misgouernment howbeit the Senate told him That it would be the subuersion of his state in posterity that those fruits by which the imperiall state was sustained should bee taken away And certaine it is if there bee many Monopolies in the Common-wealth that diuers good princes will either remit or diminish them which Charles the eight of Fraunce as Lupanus writeth had done but that death otherwise preuented his beneficence Howbeit in all affaires concerning the conseruation or amplification of any Commonwealth Regis Aerarium est aerarium populi aerarium populi mutuò regis est aerarium And therefore when little or no publicke cause of exhaustion impendeth frugalitie most honoreth a prince by keeping a due proportion betwixt the treasure got and his disbursements according to the square of necessitie In leuying of Subsidies it must be specially respected that equalitie without any partiall or affectionate passion in the collectors and officers bee precisely respected that the contribution of Cities Societies and Husbandmen according to their lands and reuenewes bee measured with indifferent paritie for my selfe haue sometimes heard the mutterings and grudgings of diuers people which though they most willingly would exhibite yet did they repine at their vnequall taxation saying That they were so much the more assessed than others by how much the lesse they were rated in the Subsidie bookes Such must therefore be chosen as will not either in malice or fauour oppresse or succour For being ordinarily vexed at inequalitie the people naturally will grow malicious measuring their losses with other mens gaines And hence is it that a more diligent circumspection is required in them which haue that charge in hand Moreouer it helpeth the common policie to know perfectly the differences of patrimonies dignities ages and offices with all arts and professions of persons remaining vpon record By which order according to precise iudgement and discretion all tributes are by due proportion leuied and people assessed It behooueth them therefore in their priuat consciences first to compare their own particular estates together with the Commonwealth in all equitie appointing cōmissioners as censors which can discerne and take notice of the peoples off-spring ages families and substance euery third or fift yere For some of them may remoue their dwellings others may die diuerse also may encrease or decrease during that space in goods or possessions by which knowledge had of peoples ages and abilities they may bee chosen either for militarie seruices or enioyned to burthens in the common cause of their country when occasion shal opportunely require Thus much concerning the charge and conditions of Treasurers It followeth now that I declare how far according to the sagest and best approued writers a prince should extend his arme in the fruition or dispēsation of these benefits It is very commendable in a prince to be reputed liberall which some curious and cunning writers would haue out of the purses of others so that his owne hampers be not diminished for it is intended that how much more the common necessitie doth import so much more patience and alacritie should appeare in the people frankely to contribute towards the conseruation and encouragement of that peace by which they were enriched Hee may not make the people fearefull of his liberalitie with grieuous and vnneedfull impositions but onely sparing his owne vsing their beneuolences to their generall comfort with a couetous kind of liberalitie which beeing with good cunning and discretion exercised the people will with all honour to the prince embrace it louingly for he which is vertuously liberall according to strict conscience shall neuer bee commended nor honoured for it because that is not vulgarly tearmed liberalitie
or priute seales to delay any cause in iudiciall dependance proceeding by course of law yet shall the iudges proceede with mature expedition according to iustice notwistanding any precept from them directed For what can be said more to the disgracing and disrobing of any king then that which Freigius in the latter end of his politicall questions citeth out of a certaine oration of Scattaius against tyrannie Tu iusticiam imperabis interim tamen iniuriam alijs facies tu officium commendabis ab officij religione deflectes As if he should say Why wouldest thou be king to command men to deale iustly giuing in proper person example of wrong done to others How canst thou commend men for doing of their dueties and offices when thou thy selfe transgressest thy functions and dueties Thus if princes or iudges should preuaricat but a little thē their laws which ought to be the iudges of euery iust prince will restraine and reforme them And if those lawes be dissonant to the spirit of charitie trueth and equitie thē the diuine power sapience of God which are the very iudges of all laws princes iudges on earth wil correct punish them with their ministers Let therefore no partiall respect of power neither priuate affection nor vnexcusable ignorance of those laws which any iudge stewardeth blemish his iudgments For if he be partiall let him consider with himselfe that it proceedeth from affection or corruption which both are incorporate that it cannot be hidden from many men amongst infinite which behold and heare him from so conspicuous a place where all mens eyes are fixed vpon his maiestie and therefore according to Salust aequos bonosque fauere debet vt eius benefacta reipub procedant he must fauour men which are iust and good that he may declare himselfe beneficent towards the Commonwealth And if he be led by affection let him consider how fallacious a passion it is oftentimes opposite to reason euen in the men of honestest natures and constitutions shewing a kind of charitie for the most part where it falsefieth the vertue pulling downe of a mountaine to raise a molehill and to satisfie his affected commonly to deiect and make ruinous such aduersaries which percase euen in a worse case descrue much more affection Lastly but specially let him haue a speciall care to be skilfull in those lawes which he deliuereth and administreth for otherwise his honor is onerous and insupportable For if he shall with all graue and profound prudence consider how chargeable and iust accompt will be required at his hands that hauing much committed to his trust his accompts will arise to great summes not of monies and pounds but of men and people the noblest worke of diuine nature the creature in whom so soone as he was created the creator himselfe exceedingly reioyced and tooke so great pleasure that when through his owne preuarication he was taken captiue to sinne hell and death he ransomed him in the tender and vnspeakeable loue of his holy spirit in the most precious blood of his deare sonne Christ Iesus the righteous sacrifice of his vnrighteousnesse If therefore he counterpoise in equall scales of diuine reason the sacred allegeance in which he liueth spiritually bound vnto God the faithfull obedience wherein he standeth bodily subiected to his prince the zealous duetie which doth by nature inuite him to studie the weale of his countrey pondering these with his naked conscience hee will not only refuse those honors and dignities to sit in iudgement vpon Gods beloued people vnworthily or vnskilfully but rather will choose a death accompanied with the languishing sting of infinite tortures Albeit as Salust thinketh Plerosque non ijsdem artibus imperiū petere postquā adepti sunt gerere primo industrios supplices modicos esse dehinc per ignauiam superbiam at atem agere That many princes differ in their acquisition and gouernement of a kingdome because vpon the first they shew themselues industrious suppliant and temperate afterward in sloth idlenesse and pride passe their liues Euery king iudge and ruler of the people therefore ought to ponder with himselfe how great a part of the Commonweales hope dependeth vpon him which he should with his vertues and innocencie protect whereas all other meanes are forcelesse Yea verely the iudge representeth in himselfe the person of that Commonwealth where he ministreth wherefore he should sustaine the state and honor thereof by conseruation and administration of iustice bearing in carefull remembrance the trust of those things which are reposed in him A iudge is as it were an eye fixed in the kings scepter a priest of diuine iustice and equitie a moderator of the lawes the life of righteousnesse whose voyce is the pronouncer and preseruer of life and death a publike interpreter of the lawes vnto whom as to a common sanctuarie all persons oppressed with dammages iniuries repaire and refuge themselues to be relieued in equity And euen as iust iudgement is fitly defined to be the ballance of equitie the voyce of lawes and consummation of all strife and variance so is the iudge properly called th'interpreter of those lawes the steward of equitie and oracle of the Commonwealth They therefore that are fit and worthy to sit vpon the throne of equitie ought sincerely to be good men seuere incorrupt obdurate against flatterers impatient of smooth tales and secret detraction vnmercifull to them that are remedilesse inexorable in waightie causes of iudgement and such as will not transgresse the precincts of iustice in any case for according to the discretion of Aulus Gellius they must distribute to the king and begger equall measure without inclination or passion towards any mans estate or person as it was most diuinely shadowed in that misticall order of the Areopagites being a counsell in Athens consisting of sixtie citizens which successiuely through all offices and degrees of honor at length attained place vpon the seate of iustice to deale in affaires of state and in tempestuous times to prouide that the Cōmonwealth should endure no preiudice These in the darkest season of the night would decide causes in iudgement at such time as they might heare and not see the parties appealed Hence it is that Cicero saith Vir bonus ponit personā amici cum induit iudicis A good man layeth apart the person of a friend when he taketh upon him the place of a iudge And therefore iudges as saith that most reuerend Emperour Iustinianus must sacrifice pure and vncorrupt hands to God to the kind and to the law least that curse fall vpon them which our Sauiour Christ denounced against the Pharises Woe be to you interpreters of the L◅we for you haue taken away the key of knowledge you did not enter in your selues and them that would haue entred you forbad Amongst other politicke Lawes in Deutronomie deliuered from Gods mouth to the sacred prince his seruant Moses it was commanded
should not admit when times are dangerous a small fault to escape vnpunished but prouide so that it may be with moderation and clemencie chastised punishing nefarious and hainous crimes with due serueritie for examples And so much concerning mercie by discreet mitigation of punishment In other places where seueritie should take force as occasion shall offer It is not permitted that a Iudge should command and prohibite what he list himselfe without legall warrant albeit it might rest in his arbitrament yet whereas all articles cannot be seuerally comprised in the Lawes and forsomuch as many circumstances breed doubts in such cases men are referred to the conscience and religion of the Iudge neerly to determine by course of iustice according to sinceritie further scope then this is not permitted vnto any being by that benefit freed from perill of punishment though he giue sentence against the Law for the case not being throughly discussed yeeldeth him some colour for excuse excepting alwayes in litigious cases that it resteth not in his power to giue away the goods proper of any man beyond the limits of reason and equitie That kinde of iustecying which is said to bee common amongst the Turkes is in my iudgement very tollerable and soone ended for the Iudge closing his eyes giueth eare pondereth pronounceth and dispatcheth the most part of causes very commendably freeing and releasing the sutors from expence of time and monie both which inconueniences happen vpon the processe of our Lawes in Christendome For it had beene oftentimes better that he which hath iustice to guard his good cause should in commencement thereof haue let his sute fall then after a long and litigious dependance buy the iudgement of it with more chardge then the maine was worth being onely referred to the credite of iust victorie for his meede Moreouer by such dilatory meanes it often happeneth that white is died into blacke either through deceit corruption or ignorance of the Iudge and elsewhere by the rigor and false interpretation of the Lawes Howbeit to noble minded men which are able to forbeare if the sute proceede from misprision or some misconstruction and not from any litigious humour of the aduersarie I deeme it a principall tipe of their honours and much auaylable as Cicero saith Paulum nonnunquam de suo iure decedere In administration of ciuill causes also there is one most commendable part requisite in a iudge that he withdraw his hands from the rewards of priuate or poore persons which would gladly giue somewhat for fauour in their iust and honest causes For iudges of that nature are blinded with auarice whose fashion is to make a gaine of all causes both honest and dishonest hence was it that iudges lege Clodia were prohibited to take any rewards of persons in suite In speciall all such rewards and gratifications as are giuen either to further a good or a bad cause sauing the fees lawfully limited to the iudges and pleaders in regard of their salaries and paines are dissalowable and if any be tollerable then onely such as are taken by them of great princes which reward their paines in aduancement of iustice onely For such as sell iustice and truth are abhominable and so bethose also which take gifts of any man to further a faultie for in that false participation if he further him then doth he manifest violence to iustice and if not then doth he deceiue the briber of his money both which are abiect and contemptible these may well be called mercenarie iudges and corrupt hirelings Now somewhat so short as I can concerning the knowledge and studies required in iudges iudiciall magistrates The due reuerence and feare of Gods omnipotent vertue which illuminateth his vnderstanding perfecteth his wisdome amplifieth his maiestie refresheth his spirits corroborateth all his iudgements must aboue all things before and after iudgement and continually with a zealous and effectuall prayer from a soule blessedly breathing after spirituall consolation be principally retained And therefore it is written by Moyses that iudges should be men of courage fearing God dealing truely loathing auarice And for this cause the Prophet Dauid calleth them Gods saying that all the children of the most high doe right and iustice vnto the fatherlesse poore and needie His ordinarie studies therfore for pleasure and ornament are best approued in the sweete concord of morall Philosophie which will enable and confirme him in his profession and conuersation this teacheth him how iustice is a vertue yeelding euery man what is his owne and willing all men to discharge their dueties Cicero calleth her the Queene and mistresse of all the other vertues because she taketh perfection from the rest being as it were a concordance or harmonie of all the parts when appetite subiecteth it selfe to reason It is also an affection of the mind iustecying all men beneuolently and cherishing humaine societie this is also called equitie which in euen ballance pondreth euery mans right answerable to desert and dignitie Aristotle termeth it an affection of mind enabling men to doe iustly which kinaleth in them a zeale or feruent desire of equitie It is according to M. Bodine a kind of Geometrie which being disanulled drowneth the concorde and societies of cities it teacheth the difference betwixt honesties and their contraries it pointeth out the extreames of good and euill it directeth how to rule priuate families it sheweth what authorities and offices are proper to fathers husbands and masters it declareth the maintenance of a priuate state it instructeth persons in the vertues and discipline of a magistrate it describeth the forme of a Commonwealth it prescribeth the true meanes and knowledge to susteine cities which are in danger of subuersion it deuiseth excellent lawes and statutes to rectifie them conclusiuely the surest and firmest foundations of Empire are good lawes moderating and measuring out all liberall sciences and good arts Which good lawes as Freigius calleth them are the mistresses of vertue commanding people in their liuing to demeane themselues honestly and profitably with a restraint or prohibition of things bad and the contrary Iustice according to some learned moralists is knowen by these attributes or qualities first she will not challenge any thing which is not her owne then she doth neglect her owne priuate lucre in respect if she may thereby further the common equitie There be sixe kindes of Iustice according to some very learned philosophers and they should seeme to be very certaine one iustice is legall being a kind of voluntarie affection to doe and desire iust things and by this legall iustice are men wholie bentand inclined for the benefit of their contrey The second a morall iustice which I prementioned out of th' imperiall institutions being a constant and perpetuall will yeelding each man his owne The third a kind of exchanging or commutuall iustice keeping a precise and religious equalitie of things amongst men The fourth is a iustice distributiue by which
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