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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
reason_n	interpret_v	interpretation_n	use_v	2,613	5	9.5757	5	false

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

time and the affaires so requiring it they might continue them to the same persons if he thought it fit if not hee might take them into his hands and deliuer them to others without any cause of discontentment to those from whom he had taken them For this expresse limitation of time would worke two effects The one that they which are aduanced to these places entring into them would resolue to leaue them the other that being certayne they must goe forth they will neuer thinke to become Masters and settle themselues whereas the time not being limmited euery one will striue to continue in his place and there to build his designes but also will desire to bring in after him some one of his Children or Kinsmen And if the Prince desires to retire him he must buy his place of him or cause it to be bought by some other which is to bring in a venality more shamefull and dangerous in an Estate then any other abuse that can bee imagined We will therefore conclude that this change in the gouernment of Prouinces and the command of great Troupes or Companies be it of Souldiers or others which haue great authority in the Estate is necessary for the safety of the Soueraigne and the peace of the Subiect But for that in doing this altogether they which would desire to continue in their charges might plot together and trouble the Estate to maintayne themselues he must change them one after another causing the time of their charges to expire at diuers termes There is another consideration which hath beene discreetly and wisely made in great Estates not to giue great commands in a Prouince to those which are Natiues not onely to auoyde the Iniu●tices which such persons may commit as well in fauour of their Kinsfolkes and Friends as in hatred of their Enemies but also to auoyde the contempt of his Authority which giues these charges which proceeds commonly from the Iealousie of those of the Countrey who hold themselues equall and sometimes greater then he that is aduanced But if he that is made Gouernour bee so great as they neede not feare this Iealousie yet the Prince must make vse of this meanes to auoyde the swelling authority which hee may get in the Prouince by his owne meanes or by that of his Kinsfolkes and Friends to the preiudice of his Master Our ancient Ordinances conformable therein to those of the Romans had therein very well prouided especially in regard of Bayleifes and Seneshals who were the ancient Gouernours But they haue beene and are yet very ill gouerned and obserued It auayles not to say that to facilitate the obedience of Subiects they haue beene forced to take this course the Subiect obeying more willingly one of his Prouince who hee thinkes would haue the same affection like himselfe for that which concernes the good thereof the which a Stranger and vnknown vnto him would not doe whom he imagines to be vnlike in humour and will For this were to make the Prince subiect to his Officer and to make the obedience of the people depend more on the credit which the Officer hath then of the Authority which the Prince ought to haue ouer his Subiects who obey not the Prince but so farre forth as it shall please the Officer and the Officer losing his credit the Prince shall be no more obeyed But if in a new Estate to settle himselfe it is very fitting to make vse of those which haue most credit with his Subiects the Princes authority hauing not yet taken roote in their minds but I will not thereby inferre that he must continue it but contrariwise this authority being acknowledged to settle it absolutely the obedience must immediately depend and they must obey the Officer so farre forth as he hath authority from the Prince and not for the particular credit he hath among the people CHAP. 30. Of the duty of the principall Officers and Magistrates AS for the support of the body it is not sufficient that the Head be in good Estate but the other members in like manner must doe their function So in an Estate it is not sufficient for the Prince to doe his Duty but the Officers and especially the principall Magistrates of the Estate should likewise doe theirs But I should be tedious if I would relate here all the whole Duty of euery Officer onely I will deliuer in generall termes that which concernes the Duty of such as haue Iurisdiction and command together or the one and the other diuided as those which are more considerable and worthy of obseruation in the mannaging of the Estate Their Duty is considered in foure diuers Subiects eyther towards the Lawes or towards the Soueraignes Commandments or towards the other Magistrates or towards priuate persons Vnder the Name of the Lawes we comprehend the Ordinances and Customes which oblige the generall For the regard of Ordinances the Duty of the principall Magistrates is to examine those which they will make in that which belongs to Iustice decency and publique profit and commodity and from the consequence to make their remonstrance vnto the Soueraigne before they declare or publish them if they finde any thing to bee reformed and amended As for those which are already receiued they must cause them to be strictly obserued and restore the old abolished for want of vse before they put them in execution otherwise it would be a very vniust thing and resenting tyranny after they had for a long season contemned an Ordinance to proceed suddainly against those who hauing not obserued it had made a breach The common errour being not onely excusable but also held for a Law if the Law of Nature doth not resist But for that the Lawes are not sufficient to gouerne an Estate for that they ordayne onely in generall the Law-giuer or Prince being vnable to fore-see an infinite number of particularities which happen in affaires For this cause the Magistrate is established to examine the particularities and to accommodate the Law thereunto by a iust and vpright interpretation the which is taken eyther from the words of the Law or from the intention of him that made it or by the induction or conclusion which may bee drawne from it In regard of the words of the Law you must obserue these Rules First not to take them nor interpret them contrary to the intention of the Law-giuer Secondly you must see if the other clauses of the Law doe correspond and agree with the interpretations which we giue But if by reason of ambiguity and the diuers significations of words there be obscurity they must seeke the proper signification either from the common manner of speaking or from that which was peculiar to him that drew the Law if it did not plainely appeare that the intention of the Law-giuer had beene wholy contrary to the proper signification of words If there bee found a double interpretation taken from the propriety of words and

the common vse of speaking they shall follow the mildest and if the words bee obscure they must haue recourse to custome and to that which is practised in that regard But if the interpretation be notwithstanding doubtfull they must follow that which shal be most proper for the matter to the which it must be referr'd And if notwithstanding all this they cannot draw any interpretation suitable to the businesse or to reason he must cause it to be interpreted by those who haue made the Law or cause a declaration to be made by the Soueraigne Thus the Magistrate must carry himselfe in the interpretation of the words of the Law But in the interpretation of the intention of the Law there are other Rules eyther they restrayne the Ordinances to certayne ●ases or they extend them to many others then those which are specified They restrayne the ordinances commonly when as the reason which seeme to haue beene the cause of the ordinance doth not extend but to certayne cases and ceaseth in all the rest in regard of certayne circumstances for the reason of the Law fayling the disposition can take no place But to seeke out the reason of the Law we must consider whether it be exprest by the Law it selfe or gathered by the Interpreters and to draw from thence the condition of things whereof the Law speakes or if it be vncertayne For if it be exprest by the Law eyther the Law is formall in the case that it is in question and then without doubt the Law must be followed Or if it be not altogether formall you must consider whether there be not some contrary Circumstances which hinder the reason of the Law that it takes not place in the businesse that is in questi●n And they shall doe the like if the reason be not exprest in the Law of the execution whereof they treate but in another fact vpon another subiect But if the reason be gathered from Interpreters you must see if they can yeeld no better And then you must follow it restrayning it if it be particular and extending it if it be generall But if it be doubtfull and ordaynes generally you may not in this doubt in any sort restrayne the effect of the Law vnlesse it be in things that are odious and hurtfull And whereas the Law shall bee limited in certaine cases they must not easily extend it to others vpon pretext of equitie vnlesse there were an Identite of reasons especially in things which concerne the rigour of the Law whereas the case not exprest is held for omitted But in such occurrents they shall gouerne themselues according to the common Law to the which all the Ordinances if it may bee must bee referred to the end that in all the Lawes of the estate vniformitie may bee obserued and naturall equitie followed whereby all the actions of men should bee gouerned and regulated Wherefore the case not being expressed in the Law but onely the reason being knowne whereon the Law is grounded It shall be easie to examine if this reason may take place in that which presents it selfe in concluding from the generall to the particular from the principall to the accessary and by the other meanes of induction Thus allowing one of the contraries which haue no meane wee may induce that the other is forbidden And in like manner if the Law forbids one thing to auoid a mischiefe which may follow wee may induce that it likewise forbids all other things which may breed the like mischiefe although they be not exprest And so many consequences may bee drawne from the Lawes and referred to diuers examples whereof the reason would be easie to applie from one to another Wherefore to recollect my selfe and to explaine more at large what I haue said as long as the Law is certaine wee must stand firme to its authority and make no subtile distinctions vpon equitie For that the Laws are published to be obserued in their termes and tenor and not to bee disputed of I say so farre foorth as it is plaine and not obscure But if it bee obscure they shall follow the interpretation that is most receiued by vse so as it bee not altogether contrary to naturall reason But if vse failes vs wee must in the diuersitie of opinions follow that which is supported by example yet wee must examine the example duly to see if they agree in the cause and principall circumstances When as vse and examples faile they shall choose the opinion which shall approach neerer to naturall equitie then to rigour and that which shall bee more conformable to the intention of the Law then that which shall be drawne from the subtile interpretation of words And that which shall bee taken from the true Interpretation of words then from similitudes and coniectures For that all similitudes halt and coniectures neuer conclude directly Or from that which shall bee receiued or most conformable to that which the ancients haue held for that we may not slightly leaue the opinion of the ancient But when wee cannot iudge which opinion is the most iust wee must consider which is the safest and that which is approued by most men and by the wisest more sortable to the businesse that is in question and which hath in it lesse inconuenience Behold how the Magistrate ought to carry himselfe in the interpretation of the Lawes The other part of the Maiestrates duty is the execution for the which he must enter into other considerations And first from what time the Law or ordinance ought to take place when they bind the Subiect and who they are that are bound For the first you must vnderstand that the last ordinances being contrary to the precedent derogate from them But the last cannot take place but for differences to come and not for those which are decided or hanging in iudgement by appeale And the ordinance is in force from the day of the publication and from that time it binds euery man for the future which is for the second point For the third the Princes law doth not bind the subiects which are gone to reside in the territory of another Prince Yet if the ordinance be prohibitiue they must consider if the prohibition or defence bee made in regard of something which is in the territory of him which hath made the ordinance For then a stranger or the subiect of another Prince should be bound But if it bee in regard of persons that the prohibition is made and in fauour of the subiects the Princes subiect is bound not to contradict it although hee remaine in the territory of another Prince But if it be in hatred of the subiect hee that is out of the territory of the Soueraigne which hath made the ordinance is not bound If the prohibition be made for solemnitie which they desire to haue obserued in some acte it doth not oblige the subiect out of the territory of his Prince for that

it behoues him to make as for that they are more durable and no lesse profitable then the other CHAP. 36. Of Fortresses and of their profit for the preseruation of an Estate FOrtresses doe also make a part of the force of an Estate and they which haue beene of Opinion that they should not build any haue beene confuted both by reason and vse so as there haue beene few found vnlesse they were some petty popular Estate that will follow their Councell The Grecians and Romans who had lesse neede during their Empires then any other Estate for that all submitted themselues vnder their yoke entertayned Cittadels at Corinth Tarentum and Rhegium And if the Capitoll had not beene strong the Empire of Rome had beene smothered in the Cradle by the Gaules The Estates in which are no strong places are conquered by one Battaile England hath testified it and the Persian relying onely in the great number of his Men hath lost in one battaile a great extent of his Countrey the which the Turke hath since preserued by Forts For although that Fortresses alone cannot much assist an Estate yet being seconded by Armes they make it invincible and there being no Armies on foote they giue you leasure to raise them and after a Route to Rally your Men together to ●enew the Warre Yet this is not to say that the estate which hath most sorts is the strongest For it is impossible to guard many w●ll and some being ill guarded they proue more preiudiciall to the Estate then profitable for the defence It must therefore haue few but well furnished with Men Victuals and Munition of Wa●re They must likewise bee in a necessary situation or at least profitable Necessary situations are those which being vnfort●fied make the Countrey to lie open and expose it to the inuasion of Enemies Profitable situations are those by w●ose meanes they may guard a rich Towne and well inhabited and may serue for a retreat vnto the people They must likewise be remote from the heart of the Estate to keepe the Enemy and danger farre from it to the end that whiles the Enemy bu●●es himself● in assailing them the rest of the Countrey may bee in peace and wee may haue means to prepare our selues to resist him And if the forts be not only farre off but at the entrie of the Enemies Countrey they will bee the more safe For they will not only giue vs meanes to defend our selues but also to annoy our Enemy in his owne Countrie Besides this forts ought to be strong both by situation and by fortification Forts strong by situation are those which are built vpon high and sharpe Mountaines and of hard accesse or which are ●uironed with La●es the Se● Pooles Ri●er● and Marishes and haue all commodities necessary for the entertainement and succour of a Garr●son Those are strong by hand which are flancked to purpose with a good Wall a large and sound rampire of Earth with abroad and deepe ditch and they must make more account of the rampire then of the Wal● and of the ditch then the rampire A fort must likewise bee great to the end it may bee capable of many M●● for the defence and to annoy the Enemy the more 〈◊〉 be able to intrench themselues within It must in like manner be situated in such sort as it may be relieued for soone or late they take that place by force or obstinacie of a siege which is not relieued Wherefore they haue held those places strong which haue a Port of the Sea hard to stop vp and is not commanded For this backe doore makes them as it were impregnable hauing meanes dayly to receiue refreshing of Victualls Munition and Men and to discharge themselues of their wounded and vnprofitable Mouthes for defence And although that the situation of a place be strong for defence and such in some part as they hold it inaccessable yet they may not forbeare to adde what they can to make it stronger For wee haue seene that many places haue beene taken by those parts which they had neglected to fortifie for that they held them inaccessable So Carthage was taken by Scipio towards the Poole Antiochu● the great tooke Sardis by that part which was the strongest where he found there was not any Sentinel s●ing birds to build their nests there without any disturbance CHAP. 37. Of the Warre-like Discipline THe third part of the force of an Estate consists in the warlike discipline that is to say in Souldiers of good experience and well disciplined And herein wee must obserue that the force doth not alwayes consist in the number but in the resolution of the Souldier and in the experience or conduct of the Commander In all the battells which haue bin giuen it is obserued that few men haue fought and those few according to the resistance that was made haue won or lost the battell and as the kinds of armes make the Souldier stronger or more feeble so they haue demanded what force is most beneficiall eyther that on Horsebacke or on Foote Polybius sayth that it were better that our foote were a Moietie lesse then that of our Enemie so as wee bee stronger in Cauallerie then if wee were equall in all The which may be true in a Combate hauing bin often seene that when as the horse are routed the foote seeing themselues farre from any retreate hau● beene forced to yeild sometimes in grosse without striking stroake But in all the course of the Warre it is most certaine that the Footmen do the greatest seruice were it but at sieges and defences of places and that they may fight in all places which the horsemen cannot doe Those Nations which haue made vse of Horsemen only haue sometimes gotten great Victories as the Partbyans haue done But when they were to besiege or defend a place they aduanced little Also those people which put all their forces in horsmen do● it for that they cannot keepe their rancks and order which is ne●essary for Footmen And to recompence this defect they make vse of the violence of Horse in a Combate and of their swiftnesse and readinesse in Enterprizes of War which are executed more speedily with Horse then Foot who march heauily But the better is that the Armies of an Estate should consist both of the one and the other that is to say of Footmen to serue for the body of an Army and Horsmen for armes and leggs Wherefore the Prince besides the prouision of Armes and other necessaries for War must be carefull that the Cauallery may be well mounted prouide that they may haue horses in his owne Countrey for he cannot be termed strong and powerfull in horse if he be cōstrained to haue recourse in that regard to his neighbour who in time of war may faile him I haue said formerly that the force did not consist in the number but in the bounty and courage of the souldiers yet for that

able to reduce a people to their duty And in such Encounters subtile and in ●entiue spirits are fit as likewise those which are popular and eloquent to entertaine and to draw a mutinous multitude to their duty by feare distrust and hope That familiar and popular course which Menenius Agrippa obserued with the people of Rome by a Comparison of the diuision of the members from a humane body succeeded better to pacifie them then if hee had falne vpon more serious reasons The inuention which Calaminus the Capouan made vse of to saue the Senators of Capoua from the hands of the people was no lesse witty For ioyning himselfe to their party and applauding them in all things seeing them resolute to put their Senators to death hee propounded vnto them that they should begin first with him that was most odious vnto them but withall he let them know that the Estate must not remaine without gouernment that before they put him to death they must make choice of some other in his place So not able to agree and passing from one to another they found that they whom they mean● to put to death were much better then the others whom they intended to choose in their p●aces And to the people were pacified Sometimes i● such mutinies and combustions they haue made vse of the occasion of an Eclipse or of some extraordinary signe from Heauen or of some vnexpected misfortune where with the people being toucht and amazed suffer themselues to be perswaded to returne to their duties A Ma● of authority and credit with the people may preuaile much in such occasions Soderin Arch-Bishop of Florence comming f●●th in publique with his Pontificall Robes and his Clergie pacified the Florentins who were in combustion one against a●other And as in some places Preachers haue beene the Firebrands of sedition and the trumpets of Warre in others they haue serued to pacifie them and they haue made good vse of them But if the people cannot be suddenly rec●aimed and that the popular mutinie passeth into Rebellion and a setled reuolte you must then seeke to reduce them by degrees disvniting them and gayning some of the commanders vnderhand by promises and benefits or putting them in distrust of the people and in iealousie one of another If nei●her of these remedies will preuaile hee must yeild to that which the people demand either in all or in part For that loue and reputation being the foundation of the Princes Authority if the Prince in yeilding seemes to diminish his reputation in some sort yet thereby hee shall preserue the affection of the people who being pacified he may by other meanes recouer his reputation And yet in such occurrents he may so carry himselfe and vse such dexterity that accommodating himselfe mildly to the peoples inclination he shall seeme to grant that willingly which they extort from him by force being necessary that the Prince to maintaine his authority make shewe to will and desire that which hee cannot hinder and so to apply his will to his power And to the end he may make it knowne that it is a thing which he desires he must seeke to draw some apparant aduantage for his greatnesse There being few actions in the Estate from which the Pri●ce either in effect or in shew may not draw some aduantage although in another thing he be damnified And it shall be a part of Wisedome to shew himselfe more ioyfull of the aduantage which he receiues then discontented for the disaduantage which his Enemies sought to procure him The Turkish Emperours although they be powerfull haue beene many times constrayned to yeeld some of their Ministers to the Ianizaries to be put to death The which a well aduised Prince should neuer doe if his Ministers had not otherwise highly offended but seeing himselfe reduced to this extremity he should giue them meanes to escape yet dissembling that it is with his consent For besides that it were a cruell Iniustice to deliuer an innocent man into the hands of a furious multitude the shame will redowne vpon him with a disdaine and a distrust of all others whom hee should call to serue him who will rather gouerne themselues according to the will of those which had credit with the people then to his desire But if the Ministers are found to haue carried themselues ill the Prince may take this occasion to cause them to be punished by Iustice to pacifie a popular mutinie Although it were more discreetly done to preuent it then to stay vntill hee were vrged to doe that by force which for his owne good he should haue formerly done CHAP. 19. Of Factions and of the meanes to hinder the effects THere remaineth now to speake of Factions for the last and most ordinary causes for the ruine of Estates They are seldome framed among the people vnlesse great men be of the party For they grow eyther from the priuate quarrells of great men who imbarque the people on their sides or from the subiect of some reformation or for the gouernment of publique affaires If they grow from particular quarells the Prince must speedily force them to referre the cause to his Iudges or to Arbitrators without making shewe to fauour the one more then the other This was that which King Francis the first did in the suit depending betwixt Madame Lonyse his Mother and Charles Duke of Bourbon who reuolted vpon this subiect But if the controuersie cannot be reconciled for that the proofes faile on the one side although that by strong presumptions the fact be in some sort apparent or if it concernes the honour of one of the parties in the decision of the business the Prince must separate them imploying them out of his Estate in some honourable charges the one farre from the other And hee must Entertayne them thus diuided vntill that eyther their credit bee diminished with the people or that time hath made them forget or at the least temper their hatred If as it happens often to the priuate quarrells of great Men they adde some publique pretext as of reformation Liberty or Religion The Prince not able to hinder the course of these factions hee must ioyne with the stronger to ruine the weaker Wherein hauing once preuailed he must free himselfe by diuers meanes yet lawfull of the cheife Commanders with whom hee had ioyned eyther imploying them out of the Estate or causing them to bee punished for their priuate offences But if the Prince comes not in time to ruine the one nor the other for that they are equall and that his Counterpease cannot waigh downe the ballance hee must attend that by the Euent of some misfortune to the one they may find the weaknesse of that side to ruine him wholy Yet if in this case the heads of the Factions and not the Prince bee to reape the Honour and fruits of the Victory of one of the two partyes the Prince shall doe more wisely to ballance the one with the