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A00617 The counseller a treatise of counsels and counsellers of princes, written in Spanish by Bartholomew Phillip, Doctor of the ciuill and cannon lawe. Englished by I.T. graduate in Oxford.; Tractado del consejo y de los consejeros de los principes. English Filippe, Bartholomeu.; Thorie, John, b. 1568. 1589 (1589) STC 10753; ESTC S101905 175,643 206

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Armie 14 They which consult about any matter ought to follow that counsell which is least hurtful to the Common-welth for it is impossible in great enterprises to be deliuered from all dangers that are like to fall And for this cause it is commonly said Periculum periculo vincitur One danger is wonne by the other As wee haue in the beginning of this Treatise in more ample manner declared And he that neuer dooth aduenture can neuer loose nor gaine For after the danger commeth the profit and cowards because they greatly feare the euents of matters neuer atchiue haughtie enterprises If a man thinke that he may execute a thing without aduenturing he shall neuer bring any thing to passe For many times the successe faileth not onely of those things which we confidently and not without good reason hope for but also of those things which we thinke to haue wel prouided for as well in great and honorable enterprises as in smal and particular actions They therfore that cōsult ought not to delay the execution of the same which is cōcluded because there is danger in it if the profit be greater then the danger which is like to follow after the execution thereof 15 The Persians vsed to consult vpon all matters in theyr banquets when they did ca●e and drinke and after they had ended theyr banquet they determined what they would haue put in execution And this they did because the Counsellers should freely shew their minds concerning that whereon they consulted For wine causeth men to speake the truth according to that In Vino veritas Alexander the great commaunded that those Ambassadors which came vnto him should be welcommed with great banquets made drunk because he might learne or sift out the right cause of their comming and about what matters they were sent vnto him The Germans assemble together to consult béeing all Armed and if they approoue that which was determined they shaked their Pykes and Launces for this was a token of agréement and consent and contrariwise if that which was consulted liked them not then they murmured and made a noyse and a confused cry Besides they consulted in banquets vpon matters concerning peace and warre because they thought that at such times they were not troubled with other cares they thought that at such times they were hotter and readier to take any enterprise in hande The people were not craftie nor malicious and the next day after they turned againe to consult vpon their affaires that they might conclude and determine what they should doe when as they could not faine or inuent They that liue in the Country of Phrigia eate and drink together vpon the cost and charges of the Common-wealth before they begin to consult for they are of opinion that eating and drinking in publique assemblies dooth reconcile them together that are at discord one with another and that it doth take away seueritie pride arrogancie and melancholie as things estranged from the ende for which banquets and feastes were ordained The Countie Ribadeo answered a certain Captain which came vnto him from his enemies to entreate him that they might eate and drinke together before the day which was appointed for the fielde that if he did eate and drink with him the desire which he had to buckle with him wold he taken from him 16 They that thinke that men ought in consultation to deliberate vpon on onely matter are greatly deceiued For often-times matters be of this qualitie that the one dependeth vpon the other and it is necessarie to consider the inconueniences which may follow that which is determined in the counsel and if they that consult know what is past and vnderstand what is present they may the better coniecture diuine what may fail out Demades saide that the Athenians resembled those that make no account of their health before they be sicke Demades saide this because the Athenians in their deliberations alwaies varied about that which was past not endeuouring to prooue what was necessarie to be doone It is said that they of Genoa in their counsels dispute vpon that which is past and the Florentines vpon that which is past and that which is present and the Venetians both vppon that which is past present and to come 17 It chaunceth many times when men consult that that thing which seemeth to be profitable for the Common-wealth doth happen to be very hurtfull preiudiciall As for example The Emperors of Greece called the Turks to ayde who afterward destroyed them and tooke the Empire from them In the yeere of our Lorde GOD 1513. foure Monarches entred league against the Venetians viz. Iulius Secundus Pope the Emperour Maximilian the Catholicke King Don Hernando and Lewes King of Fraunce And the Venecians though they were driuen to great necessitie yet would they neuer accept of the helpe and ayde which Selim the King of the Turks offered them who had sent them worde that he would defende them with all the power that he had But they feared least if he had once entred into Venice he would haue doone as his predecessours dealt with the Emperors of Constantinople Francis King of Fraunce in those warres which he made against the Emperour Charles the fift who as he often protested pretended no other thing then to conserue those estates patrimonies which by right and iustice were his owne tooke a great companie of Germains to helpe him and payed wages to all such as woulde come to helpe him against the Emperour which Souldiers afterward did him wonderfull much harme The same King of Fraunce brought the Armie of Soliman King of the Turkes to helpe him in those warres which he made against the Emperour Charles the fift and thereby did Christendome farre more harme then he did good to the kingdome of Fraunce Don Alonso King of Naples said that men were so hote to be reuenged on their enemies that they were like to the birds which for fighting one with another sawe not them that came to take them 18 The Counsellers of Princes ought in such manner to say their minds that they séeme not to contende in wordes but ought to séeke and pick out waies and meanes which they suppose to be more fitte and better to perswade that which they thinke to be profitable for the Common-wealth Some vppon subtiltie though they knowe what ought to be doone and what is best and most profitable yet they propose it after such a maner as if they doubted of it to the ende that they which heare them should not cease to enquire and examine what were conuenient to be doone and that if they happilie say any thing they might contrarie them and crosse that which they alledge Plinie counselleth them that would willinglie perswade any thing to imitate the Phisitions who with fine speeches swéet words and pleasant reasons perswade their Patients to take those medicines which they giue them Quintilian admonisheth
men are very vnfortunate for if they contrarie and gainsay that which the other say they incur manifest daunger that the other ill Counsellers will spoile them and vndoe them And if they consent and agrée with them then they lay all the faulte of ill gouernment in them so that their liues honour credite and estimation is subiect to the will and pleasure of those that rule naughtilie And they that gouerne béeing men of small wisedom and knowing not what is belonging to the Common-wealth meruaile greatlie how the matter shoulde fall out infortunatlie whereas they might with greater reason maruell how it should fall out prosperously The people of Rome was so great and mightie that the Batani a fierce and hardie people though they were greatlie burthened and ouercharged by the Romans yet they durst not rebell But they that were in authoritie and did beare rule ouer them séeing that the Romaine Captaines offered thē great iniurie in ouercharging them with too much tole and tribute in the time that the forces of the Romaine Empire were deuided by reason that the Emperors of Rome waged wars against diuers Nations and whereas they ought to haue béene contented with the vnreasonable tributes which according to theyr owne pleasure were paid vnto them they were so vnwise and dealt so vnaduisedlie that they did not onelie more and more continually ouercharge them but also gaue them occasion to assemble together and séeke meanes to reuenge the iniuries which they offered vnto them by choosing olde and feeble men to be Souldiers that they might pay money to be dismissed and pressing faire boyes to satis-fie their execrable beastlines by abusing them whereuppon the Bataui determined to rebell against the Romans and deliuer thēselues from the iniuries and mischieues that the Romaine Captaines did them and choosing a famous Captaine to be their Generall they fought against the Romans and did them much harme and so they did cast off that troublesome yoke of subiection and recouered their former libertie The Iewes had not forces enough to withstand the Romans as king Agrippa shewed in his Oratiō which he made vnto them to perswade them that they shoulde not rebell But they not able to suffer the tyrannie greedines of the Romaine Captaines rebelled and so Ierusalem was destroied wherein God shewed his iust iudgment vpon the Iewes that they should receiue the punishment deserued by crucifying the Redéemer of the wolrd 17 Many thinke that the estate of the gouernment consisteth in hauing many Townes Places and Citties and therfore to reserue and keepe some place of their kingdome when their enemies sette vpon them they agrée to most vnreasonable conditions which are very harmefull and preiudiciall vnto them which they would not doo if they knew that the preseruation of their estate consisted in the gouernment authoritie and reputatiō that they haue and that though they loose some Fortresse Towne or Castle they may easilie recouer them againe from their enemies if they can tell how to defend themselues as the Romans did when they did driue Hanniball out of Italie notwithstanding that hee had possessed the Countrey and had béene Lorde ouer it sixteene yeeres long And they did not onely driue him out of Italie but also waged warre against Carthage and sent fresh Souldiers to their Arme which they had in Spayne and denounced newe warres against King Antiochus And they bought and sold those grounds lands and possessions which Hanniball had taken for the selfe-same pryce that they were rated at before So Charles King of Fraunce recouered his Countrey from the Englishmen who had almost taken his whole Kingdome from him The Venetians defended themselues against Iulius Secundꝰ Pope Maximilian the Emperour Lewes King of Fraunce and Hernando King of Castile They therefore that gouerne estates ought to imitate thē that playing at Chesse loose some one man or other thereby to win the Game and take the check to giue the mate This is to be vnderstood if the estate haue sufficient forces to defend it selfe for if it haue not it is better to make some honest agréement as our Lord and Sauiour Jesus Christ teacheth vs then to be quite destroied and loose all as it happened to the renowned Cittie Ierusalem and other famous Citties which by reason that their Gouernours did not knowe their weakenes were ouerthrowne and leuied with the ground 18 If they that gouerne any Common-wealth think that to defend themselues from their enemies least they should be subdued by them consisteth more in the forces that the Cōmon-wealth hath then in the particular and priuate goods of those that liue in it they are farre deceiued For the goods haue their foundation in the Common-wealth and if they doo not help it both the goods and Common-wealth also goeth to wrack euen as that bodie in which each member onely procureth the conseruation of it selfe Therefore it is conuenient that as eache member doth put it selfe into danger to saue the head so those that liue in a Common-wealth should aduenture both life and goods to defend her séeing she is the head of all them that liue in her They ought moreouer to consider that many times Cōmon-weales be ouerthrowne subdued by the enemie because the Cittizens béeing rich and the Common-wealth poore they will not succour and ayde her with their substaunce and as Titus Liuius saith nothing greeueth them but as farre as it toucheth their owne particular interest for that is it that all men most regard and we find by experience that men commōlie set more by their substaunce then by their credit and reputation as may be seene in y e Noble men of Rome who alwaies without any extraordinarie displeasure suffered the profite of the Common-wealth to be preferred before their owne honour and credite but concerning their wealth they did with great vehemencie and stiffnes resist against the Lawe Agraria for the distribution of the Landes among the people and wold not by any meanes permit that it shoulde be established whereby they wrought the ruine and destruction of Rome which began from the sons of Gracchus and continued thrée hundred yeres till Iulius Caesar tyrannised Some holde opinion that Common-weales to the ende they might be well gouerned ought to be rich and welthy but the Cittizens and people that liue in them poore The Marquis of Pescara going about to perswade the Emperor Charles the fift to take vppon him to be Lorde ouer all Italie tolde him that he had the King of Fraunce in his power and because the Common-weales of Italie were but poore he might easilie subdue it because they that liued in it would not spend theyr substaunce to defend their Countrey But the Emperour woulde not doo that which the Marquis requested of him because he alwaies did more respect the peace of all Christendome then his owne profit whereof he shewed a most liuely example in that he rendered the Dukedome of Milan vnto Frauncis Sforcia To the
desend thēselues at home then to inuade their enemies Countrey But Scipio said that it was more conuenient for the Common-wealth to warre in Carthage then in Italie Furthermore they that consult ere they determine to maintaine warre either at home or abroad ought to consider whether it be profitable for the estate of the Countrey to make war at all For though it lie in the power of men to beginne warre yet cannot they obtain victorie at their pleasure and y t commonly many thinges fall out in warfare which men can neither sée nor imagine and yet the warre it selfe the enemies and the successe shew teach what ought to be doone and for this cause it is said that counsaile is taken in the field And though the matters that concerne warre may be communicated and talked of among many yet they ought to be deliberated vpon but by a fewe for els they would be discouered before they were determined Also they that consult vpon matters touching warre ought to consider whether it be profitable for the Common-wealth that their Generals Souldiers should be strangers or naturall borne Subiects The Carthagineans did not onely take strange Souldiers into their seruice but did also elect strange Captaines as they did in the warres which they waged against the Romans choosing Xantippus a Lacedaemonian to be the Generall of their Armie Many Common-weales after that their Captaines were ouercome they vanquished their enemies by the seruice of strange Captaines as the Chalcedonians did with Brasidas the Sicilians with Gylippus the Asians with Lysander Callicratides and Agathocles Captaines of Lacedaemonia And if it chaunce y t any strange Captains doo tyrannise ouer the Common-weales which they ayde as they of the house of Othoman did that happeneth héerof that they which requested them to helpe them are not able to withstand their forces and to defend themselues against thē The Romans to shunne this inconuenience would not consent that they which came to succour or helpe them should be mightier then themselues 10 Princes ought not to committe the administration of the warre vnto any person whom they haue offended for such a one to reuenge the inturie offered vnto him wold cast away the Armie Marius had after such order compassed Hasdruball a noble Captain of Carthage that he was driuen either to fight with disaduantage or die for hunger but Hasdruball did hold him so cunninglie with certaine parleyes of agréement that he gotte out of his reache and so Marius was frustrated of the occasion which was offered him to ouerthrow his enemie which thing when it was knowne in Rome did redownd to his great discredit both with the Senate and the people and euery one through all the Cittie spake verie much euill of him Within a while after Marius béeing made Consull and going to make warre vpon the enemie Fabius Maximus saide vnto him that before he came to the day appointed for the field he shoulde see what forces the enemies had and that he should not rashlie hazard the Armie and aduenture the libertie of Rome Vnto whō Marius answered that as soone as he came by the enemie hee had fullie determined to encounter with him and béeing asked why he said because he knew that if he ouercame the enemy he should recouer the glorie which he had lost in Spayne and if that his owne Armie were ouerthrowne dispersed and put to flight he shoulde be reuenged of the iniurie which was offered him by that Cittie and those Cittizens which so vnthankfullie had offended him Princes ought also to consider the necesitie which they haue to make warre and to vnderstande what prouision they ought to make against occasion be offered them to make warre that if any strangers goe about to molest them they may defend thēselues by force of Armes and not be vanquished for there is no Prince so great mightie and strong but some or other may set vpon him And as our olde Castilian prouerbe goeth Muchas vezes chicas piedras aballam grandes carreras Little stones oft times we see Way downe the greatest Apple tree And if a Prince be of so little vnderstanding that he must be ruled by that which the Captaines say he is their seruaunt and putteth himselfe into daunger either that the Captaines know not what they doo or that they doo not so faithfully dilligently as they ought 11 Those Princes that determine to make warre ought to imitate the Catholicke King Don Hernando the first of that name King of Castile who as it were standing on hie in his Towre a farre of espied and watched the successe and euent of the wars which the Christian Princes made among thēselues to succour and ayde them that were weakest and not to suffer their power to increase in Italie that pretended to make themselues Lordes ouer it neither did hee enter league with those Princes that were confederated together if he could reape no profit thereby and for this cause he would not wage war with Lewes King of Fraunce when Pope Iulius the Emperour and the Zwitcers warred against him for he thought that he should receiue no profit by weakning the Kingdome of Fraunce with the augmentation of those that did persecute it But when hée saw that the King of Fraunce would increase his estate and inlarge his kingdome by making warre against the kingdome of Naples he entered league with the Emperour and the King of England against the King of Fraunce Finally such Princes as enter league with other Kings ought to consider whether it be better for them to maintaine that peace which they enioy or to wage warres as King Mithridates wrote to King Arsaces and whether the warres be iust and such as thereby they may haue profit and atchiue honour glory and renowne The Romans as Appian reporteth woulde not accept many Subiects that offered themselues vnto thē because they were pore and if could not any way redounde vnto their profit to haue thē vnder their subiection Many other examples precepts rules considerations and instructions coulde I giue and aleage but because I writte of them in my bookes of Militarie discipline I willinglie heere omitte them The fifteenth discourse concerning peace WE haue said that the Counsell of estate is called the Counsell of peace because their principall intent that assemble in that Counsell is to procure that y e people may liue in peace and if they make warre if is to defend themselues from the iniurie of those that trouble molest them And to signifie this the Romans accustomed to were the Millitarie ring on the left hand in which they did beare their shielde and not on y e right hand in which they held their sworde for they thought it more necessarie for a well instituted Common-wealth to defende themselues then to offend others The Spartans demaunded of those that returned from warres whether they had lost theyr shielde for they thought it more not to loose
poynt of wise men to giue good counsell not of those that be welthie And the Angell being demaunded by Tobias of what Tribe he was answered vnto him Doost thou séeke a stocke or familie or an hired man to goe with thy Sonne Though the vertue of counselling well consisteth more in wisedome then in wealth or nobilitie yet it is supposed that Gentlemen and rich men are commonly better brought vppe and instructed then others and that they doo better vnderstand and know what is belonging to the gouernment of the Common-wealth then men of base linage and small substance And to put the counsell and gouernment of the Common-wealth in the power of the Comminaltie were to take the eyes out of the head and place them in the taile as it is said that the Snak● did whereby he burst his head For because the eyes looke ouer the whole body God placed them in the heade and not in the other inferiour members seeing then that the Rich men Noble men are the head of the Common-wealth they ought to haue a regard ouer her counselling what is most profitable for the conseruation of the whole Common-wealth and gouernment of the same euen as the eyes looke to the whole bodie The Venetians admit not any of the common sort of people into their counsels nor yet to the gouerment of their Common-wealth neither doo they suffer any bastards to become Coūsellers vnto the Duke though they be made legitimate neither may they be created Cardinals for these be the Pope his Counsellers Yet Princes commonly admit them vnto their coūsels and commit the administration of publique affaires vnto thēr for in that they be bastards that taketh not from them the iudgment and vnderstanding which God hath giuen them and there hath béene a great companie of bastards that haue béene verie excellent men and very profitable to their Common-weales as Polietus larglie prooueth by many examples No man ought to take counsell of those that may cōmaund him for then he is bound to doo that which they counsell him to doo Neither ought any man to take counsell of such men as take it in displeasure if men follow not their counsell thinking that he despiseth and contemneth them that will not doo as they counsell him But these are rather to be termed Maisters then Counsellers for it is the propertie of counsaile that he who asketh it may take it or leaue it and of dominion or signorie to obey and doo that which is commaunded 27 Princes ought to make election of Counsellers out of those nations which they gouerne for they that be naturallie borne in those Prouinces are better acquainted with y e estate of their Countrey then Strangers be And for this cause S. Bernard saith that the Cardinals who be Counsellers vnto the Pope ought to be chosen out of all Nations The Ciuil lawes ordaine that they which are of the Counsell-house should not leaue their own Countries for they as Gometius saith know and vnderstand the affaires of their Countrey better thē strangers Aristotle saith that some Common-weales ordained and decréed that none such as had their liuings and possessions in the borders of their enemies Countreyes should be admitted to the Counsell For such persons fearing to loose their goods wold not counsell that which were profitable for the Common-wealth Some will haue that the Counsellers of a Prince should haue all their liuings within the territorie and Lordship of the Prince whō they serue for then they fearing least they should loose them if they counsell ill or otherwise offende their Prince and hauing no forraine place to flée to they are more carefull of their charge and dutie towards their Prince It concerneth euery Prince to haue such persons in his seruice as put all their hope in him and altogether depend vpon him that euen as those which passe ouer the Seas in some shippe looke vnto the same ship least they should loose their owne liues and substaunce so they that counsell Princes if their life and all their liuings consist in the Prince his welfare they wil giue him counsell with greater diligence care For the Common-wealths are like ships and vessels of the Sea in which they be carried that liue in them And by this meanes will the Counsellers take more héede of the publique profit and counsel that which is most conuenient for the Common-wealth séeing that their life and substance dependeth vpon that Prince his safetie whose Counsellers they be and that if the Prince decay they must fall to decay also If the Counsellers of Princes haue any lands or liuings in those Countryes against which their Lords will wage warre they ought to renounce them imitating the great Captain Goncalo Hernando de Cordoua who before he made war against the King of Naples being commaunded by the Catholick king Don Hernando to do it resigned al y e lands titles and estates he had in the kingdome of Naples Some braue and noble Captaines gaue their goods vnto the Common wealth because the enemies commaunded that it should be cryed through all their Campe that no one should doo any hurt or domage to the possessions of those Captaines against whom they warred by this means to make that the Cōmon-weales vnto whome those Captaines serued should not trust them as I wrote more at large in the bookes whith I compiled of Militarie Discipline 28 The priuate Lawes of the Kingdome of Spayne ●aie that the Counsellers of the Prince ought to be of good wit and iudgment and learned and ancient men For prudence wisedome and authoritie and experience of all matters consist in continuance of time They ought to be such men as feare God and are alienated from all couetousnes and gréedines and such as loue to serue their Prince and séeke by all meanes possible how to further their Country Each Prince that maketh choise of Counsellers to be counselled by them ought to consider that nature bringeth foorth thrée sorts of men as Hesiodus saith Whereof the one sort is of them that through their owne naturall inclination perceiue and know what ought to be doone in the administration and gouernment of matters and that which they iudge they put it in vre without the aduisement teaching or helpe of any other person at all This state of men is the chiefe principall among all others and such men séeme to be sent by the prouidence of God to the profit welfare and conseruation of mans estate The other sort of men is of such persons as of their owne naturall inclinations cannot themselues iudge what is conuenient for them to order and dispose those affaires well that are committed to their gouernment but they be endued with such a naturall kinde of goodnes that they willingly learne of others that are wiser then themselues and obey them that giue them good counsell The third sort is of those persons that neither know
choise of to be his Counsellers and they ought not to admit any one vnto their counsel that hath no wit or iudgment for this were also as we haue before said of base common persons to take the eyes from the head place them in the féete as the snake c. Furthermore a Prince ought not to admit any Idiots and vnlearned men who know not how a Common-wealth ought to be gouerned vnto the Counsel for this were no lesse to take the eyes out of the head and place them in the féete then the other And the Counsellers of Princes séeing they be the eies of the Common-wealth ought to procure the publique benefit of the same and loue those that liue in it as their owne naturall sonnes and bretheren 7 The Ciuill Lawes ordaine that the Counsellers of Princes shall be guarded and had in great account of euery one to the ende that no iniurie may be offered vnto them for otherwise they dare not to shew their mindes fréely counsell that which they déeme to be most profitable for the Common-welth 8 They that kill Counsellers of Princes yea they that but intend to slea them though they kill them not committe high treason against the maiestie of the Prince and their goods are confiscate And this is to be vnderstood if they kill them for some cause pertaining to their O●●●ce for if they kill them vpon some other priuate grudge they commit no treason but in the kingdome of Naples they commit high treason vpon what occasion soeuer they kill them And this Law was ordained by the Ladie Iane Quéene of Naples because one of her Counsell called Andreas de Isernia was slaine 9 The Counsellers of Princes may not be put to any torment but the Councellers of Citties are commonly racked and otherwise tormented 10 The Counsellers of the Prince may not procure any Office out of the Court without the Prince his leaue 11 If the Colledge of y ● Prince his Counsellers be dissolued the goods which the Colledge hath are to be giuen to the Counsellers and this is vnderstood of those goods that are giuen by them that founded y ● Colledge and not of those which the Colledge had of the Prince for such goods the Colledge beeing broke vppe returne againe to the Prince who gaue them 12 If the Counsellers of the Prince giue ouer their Office either because the Prince doth licence them to doo it or because he chooseth other Counsellers in their stéede yet whilst they liue they doo not loose their Priuiledges exemptions and prerogatiues which the Lawe graunteth to Counsellers of Princes This Priuiledge is graunted vnto them by reason of their dignitie and Office which they haue borne for which cause many things are permitted in Law But if the Prince expel them out of his counsell because they be vicious and wicked not content with such rewards and pensions which are allowed them but augmenting their stipend by bryberie and other vnlawfull meanes and so as Iohannes Andreas a famous Lawyer counselleth be put beside their Office that the Prince may make choise of vertuous iust and vpright men which will regarde the publique commoditie more then they then they that are so put out of theyr Office enioy not any of the Priuiledges or oxemptions which the Law graunteth vnto the Counsellers of Princes 13 The Counsellers of Princes are not bound to bring that money wherewith their Fathers bought them that dignitie in account at the distribution of the Childrens portions for that mony which was giuen for their Office is of the same nature as goods gotten in war termed Bonacastrentia which are not reckened as the Lawyers say In legitima that is as part of the Childes portion 14 If any Counseller die without an heire his goods shal not accrew fisco that is vnto the Kings Treasurie but vnto the Colledge of the Counsellers and not onely the Colledge but also the Counsellers wiues exclude the Kings Treasurie 15 Although Counsellers ordinarily may not renownce the habitation of their birth yet the Counsellers of Princes may because they haue their house and abiding place in the Courte neither may they depart thence without they get leaue of the Prince And if so be they doo leaue the Court without licence from the Prince then ought they to be rebuked and the stipend to be paid vnto them is to be kept backe for the time that they be or haue béen so absent For he cannot be said to be from the Court in the behalfe of the Common-welth who is not sent by the Prince but departeth without leaue This as Iohn Igneus saith belongeth to the honistie of a Counseller and seruire of the Prince not to depart from the Court or cease to counsell the Prince according as in duety he is bound to doo 16 If the Prince cōmaund any thing centrary to that which the Law ordaineth his Counsellers are not bounde to put the same in execution and they ought to let the Prince vnderstand why they obey not his commaund The Ciuill Lawes ordaine that the Prince his seruants and ministers shall not execute any thing which their Prince willeth thē to do if it be contrary to Law and iustice and that they shal let thirtie daies passe before they goe in hand with the execution of it that in the mean time the Prince his anger or passion may cease which mooued him to enioyne that which was vniust For all delaying all lingring and all prolonging of time which is doone to saue a mans life cannot thoose but be good as Iuuenall saith Nulla vnquam de morte hominis cunctatio sera est Athenodorus the Philosopher counselled Augustus Caesar that he should neuer say nor doo any thing when he was angry vnlesse he had first rehearsed the Gréeke Alphabet α. β. γ. c. King Antiochus wrote vnto all the Citties of his kingdom that they should not execute any of his commaunds which were against the right of the Lawes so they did make him acquainted why they delaied the execution therof I his which we say of Counsellers of Princes that they be not bounde to put any of theyr Prince his Commissions in practise if they agrée not with the sence of the Law taketh place except as some Doctors write this clause Motu proprio be added thereunto for that séemeth to be as forcible as if he should commaunde it againe Neuerthelesse because these clauses Motu proprio de certa scientia plennitudine potestatis are so ordinarily and that without the Princes commaund specified and set downe in all rescripts and Letters of Princes they prooue not that it is the Princes will and pleasure that that thing should be executed which is repugnant to the Law especiallie if it ●end to the hurt of some other For such clauses are to be vnderstoode according to that which the Lawes dispose and ordeine And though
mooue any doubts or interrupt his speech with vain questions for all the profit that commeth thereof is onelie to trouble him that speaketh and cause him to erre and digresse from the purpose And therefore they ought not to be troublesome vnto them that are in the Counsaile asking them often about one and the selfe same thing for such as Plutarch sayth are like those little byrdes that cannot yet flie and yet be alwaies gaping at other birds bils to receiue theyr foode alreadie champed and chewed by them To conclude it is the point of foolish and simple fellowes and such as haue no witte to be asking of questions at euery word and to be still enformed vpon euery point 47 They that consult vpon matters of great importaunce ought to consider as Cornelius Tacitus saith whether that which they determine vpon be profitable vnto their Princes and whether it may be put in execution without harming or endomaging the Common-wealth They ought also to consider whether they that giue the counsaile are like to come into into trouble if it fall not out prosperouslie and who shall gaine the credit and honour if all thinges succéede happily And aboue all they ought to haue a regarde what the people talke if the Prince doo as they counsaile him for though all other men vse to follow those counsailes which are most profitable for them though they be not altogether iust yet Princes ought to doo nothing as the Emperour Tiberius saith that passeth the boundes of iustice greatly regarding their fame reputation and what would be saide of them if they should followe counsailes that were hurtfull to the Common-wealth The thirteenth discourse Of the Counsell of estate and of the ordinaunces and lawes that appertaine to the same Counsell THe Counsell of estate as Plato saith is the anker whereon dependeth the safetie or losse of all the Common-wealth For this Counsell looketh to the whole Common-welth and as Isocrates saith it is the soule thereof and it is like to prudence in man which hath a care of the estate of the whole bodie All other counsailes depend vpon this one Counsell and it is called the Counsel of peace because the cheefe and principall intent of this Counsell is to procure that euery one may liue in peace and quietnes for this is the ende for which the Counsell of estate was ordeined For as Plato saith warres are not made for any other cause then to procure peace This Counsell of estate doth oftentimes change the gouernments into tyrannies and quite destroy the Common-weales and as Hesiodus saith one ill counsaile giuen by some wicked man causeth the decay and ruine of many Citties and therefore it is commonly said that all the welfare of the Common-wealth lyeth all in all in the counsaile of estate And because in my Bookes of Common-weales I writte of al the other Counsels in their proper places I mean in this place to entreate of the Counsell of estate which is as the Emperor Charles the fift saide the knowledge power and vnderstanding yea the verie eyes handes and féete of euery Prince 2 Fredecicus Furius saith that the charge of the Counsell of estate is Ciuill as the Lawes terme it and whether the kingdomes be gotten by force of Armes or by inheritaunce it is pertaining to the Counsell of estate to sée what Viceroyes Gouernours and Generals be created as well for peace as for warre what mariages be contracted and what Embassadors be sent into strange Countries and whither all other Officers discharge their duetie or no and what prouision ought to be made and not made The Counsell of estate ought also to take heede that no prouisions voyages and expeditions be made by stealth to the domage of the Common-wealth and commoditie of the enemie It appertaineth also to the Counsell of estate to sée that all ordinarie expences charges be discharged in due time as well in peace as in warre and to giue bils for the receite of the money out of the Counsell of substaunce and Reuenewes which Counsell ought to be as a Cosfer to keepe the money which is to be distributed and deliuered out by y e Commission and authoritie of those that are belonging to the Counsell of estate It is also belonging vnto this Counsel to sée with what Nations they ought to make peace and against what Nations to wage warre with what people they cught to be confederated and with whom to vse faire wordes and large promises but accomplish nothing and such other like thinges publique or priuate This holdes in that which generallie pertaineth to the other counsels for if this Counsell of estate should meddle with euery particular thing that belongeth to the other Counsels it should vsurpe the Office of them all 3 The Counsell of estate hath all iurisdiction both Ciuill and Criminall And what euer is determined in it ought to be put in execution as if the Prince himselfe had commaunded it For this counsaile aboue all others dooth chéefely represent the person of the Prince and for this cause the Prince ought to be personally in those consultations which are made in the Counsell of estate to the ende that nothing be ordained which may harme the Common-wealth So that euery Prince ought to consult with his Counsellers and with the learned men of his Realme whether such ordinaunces as he meaneth to publishe be good and profitable for the Commen-wealth For there is nothing that is more contrarie to a good Prince and proper to a Tyrant than to saie Sic volo sic i●beo stat proratione voluntas Thus I commaund thus shall it be For reason will shall stand with me 4 Séeing that in the Counsell of estate it is cheefly consulted what ought to be doone for the preseruing and maintayning of the Common-wealth it is necessarie that the Counsellers of that Counsell be well practised and experienced in Militarie discipline and very skilfull and prudent in ruling Common-wealths so that they ought to knowe howe to enquire examine and iudge all things concerning pollicie and gouernment both in peace and warre Further more they that consult vpon peace whither it he profitable it should be established or no ought to know what is belonging to war seeing peace and warre he two contraries and the nature of contraries is such that the one is knowne by the other In auncient times past many Senators entred into the Senate of Rome to consult and they that had triumphed for victorie ouer their enemies sate with the Crownes on their heads which they wore whē they triumphed as tokens and shewes of their vertue and excellencie And this did Cyneas the Ambassadour of Pyrrhus declare whē he béeing asked of Pyrrhus what he thought of the Senate of Rome he answered that it séemed vnto him to be a counsell of many Kings that were assembled together to consult Liuie reporteth that Cyneas in this aunswere shewed the