which are so free at the first that they bee soone poore and thredbare of vnderstanding before the bruit of their rare pregnancie be well dispersed and those young men were so well instructed from their infancie that they did contend how to bee thought most noble vertuous and fit for places of reputation in their countrey by suppressing many lusts motions commotions and vnperfect passions of the mind with a moderate domination of reason and constancie They were full of modestie full of dutie and full of such religion as then was professed amongst the prophane Gentiles obseruing in all words and deeds a temperat moderation without any deturpation or deformitie And these qualities in those young Romans worthily made them eligible and fit for such great dignities and offices The Lord high Treasurer of England his office is in the Exchequer erected by king William the first for safe custodie of his crown lands and of those records which may concerne them To which Queene Marie ioyned the Surueyors generall the court of Augmentations and reuenewes of the Crowne with the first fruits and tenths of Benefices being erected by that king of good memorie Henrie the eight This office is called Scaccarium of a certaine large square table which according to Geruas of Tilburie cited by M. William Camden hath a chequered cloth brought and spread vpon it in the tearme of Easter as a place or table of iust proportion account or iudgement in all causes respecting the royall treasure or reuenewes where all ciuile causes betwixt the prince and his tenants are indifferently decided Iudges in this court are the Lord high Treasurer of England the Chancelour of the Exchequer the Lord chiefe Baron of that court with other foure Barons assistants the Remembrancer Engrosser Controller Clearkes of the Pleas and of the Pipe-office Auditors with their clearkes Apposer Chamberlaine Clerke of the Streights Marshall Clearke of the Summons deputie Chamberlaines Secondaries to the Remembrancer to the Treasurer and to the Pipe-office Also in the office of receit M. Vice Treasurer Clerkes of the Tally and of the Parchments with diuerse other inferiour officers All which are ordained for the conseruation and amplification of those foresaid reuenewes and of diuers other pecuniarie duties ordinarie and extraordinarie by which the ciuile state of all principalities is necessarily sustained for it is manifest that without the competent force of mony no Commonwealth can hold together absolute in her members And to that purpose was it first deuised when people and nations were necessarily constrained to require supplies and succours out of remote countries by commutation of cōmodities through exportation and importation of them from and to forraine places howbeit the principall exchange is for gold and siluer coyned in little round plates and besantes of greater and lesse value being authorised by the edicts of those princes and Commonweales where they bee stamped and passe currant amongst the people Foure kinds of mettall haue auntiently beene coyned amongst the Romanes one of lead which when it first was deuised exceedeth all records of true memorie as Iust. Lipsius writeth another of brasse or copper which the Romanes therefore called Pecunia quod esset nota pecudis signata of which coynes diuerse vnder the Romanes here in Brittaine as well of copper as yron likewise were stamped according to M. William Camden in his booke of Brittaine antiquities Siluer amongst the Romanes was first coyned Anno ab vrbe cond 484. F. Pictore Qu. Oculeio Coss. The coyne of gold 62 yeares after the siluer C. Claudio Nerone Marco Liuio Salinatore Coss. The beginning and end of coyning was for commerce as by pieces of some value for exchange of other commodities to people of other nations by whose diuers and seuerall stamp◅s the countries with whom they traffiqued were knowne And hence is it that those coynes of mettall are infinite which dependeth vpon two reasons also the first is vpon couetousnesse of people which would abundantly bee serued with things which their minds couet for some needfull vses the second vpon pleasures for which many men seeke for great heapes of money but the want of things desired amongst men is infinite and the choice of pleasures endlesse all which are attained by money The desire of treasure therefore can neuer bee fulfilled according to the saying of Cicero Expetuntur diuitiae cum ad vitae vsus necessarios tum ad perfruendas voluptates Dilectant enim magnifici apparatus vitaeque cultus cum elegantia copia quibus rebus effectum est vt infinita pecuniae cupiditas esset A Treasurers prudent care and whole studie therefore leuelleth at all such honourable meanes and iust occasions as may serue to bring in diuers summes and how to maintaine a continuall haruest of getting to sustaine those infinite burthens of necessarie disbursement how to leuie for the Common-wealth with good discretion and nothing without vrgent cause Vnto which contribution that it may be more liberall and cheerefull is required that the people be generally well affected both towards the prince and vnto that common necessitie which importuneth the same for the better effecting whereof some plausible and effectuall declaration published vnto them by their Soueraigne readily prepareth their hearts moouing in them a more benificent kind of alacritie and therefore it is in such cases most behoofefull Vt omnes intelligant si salui esse velint necessitati esse parendum For beeing persuaded that the generall safetie dependeth thereupon you shall find the couetous readiest to contribute Moreouer it addeth very much vnto the loue of people towards their princes and to their good opinion of his grace and meekenesse vnto them correspondently when he by suit seeketh that which his regall authoritie might exact The respects are great and those necessities important which should vrge a prince to violence in those cases yet a good Soueraigne can neuer haue cause of compulsion For when the king which hath authoritie to constraine vseth a facilitie to persuade it importeth some vehement necessitie Can any priuate Commonweale mount without tributarie wings Or could the firmament of peace be cleere if all clouds had not first beene dispersed with the thunder of warre Are armes exercised without wages Are ships prouided of men victuals and of artillerie without mony How shall officers which be continually busied in ceaselesse seruice for the common securitie haue reliefe without salaries May vertuous or needie persons bee rewarded or succoured without some generall supplies Few be those princes of Christendome so neere as I can iudge whose owne priuat reuenewes are able to supply the publicke charge onely so that the more puissant any prince is in dominion and territorie so much more the common charge doth aggrauate his necessities For this office therefore all honest and needfull meanes of getting are to bee carefully studied and prouided towards the true maintenance whereof it highly benefiteth to forbeare all superfluous damnable and
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
penurie succeede being a most pestilent feauer or consumption rather to the king and Common-wealth A curious eye with vigilant regard must bee bent vpon the Collectors Receiuers Auditors and other inferior ministers belonging to this office least in exactions or by fraudulent deuises they satisfie there priuate auarice with a kind of extortion or crueltie For auarice is an inordinate lust of hauing whose appetite is infinite whose acquisition immoderate whose possession vnlawfull whereby the prince vndoubtedly may bee brought into daunger It is like that Hydra which Poets talke of that though the stroke of Iustice execute vpon it continually yet will it miraculously reuiue againe it forceth not either the lightening thunder or thunderbolts of the law prouided against it Salust describeth it a beast rauenous cruell and intollerable where it haunteth huge Cities Fields Churches and Houses are laid wast Heauen and Earth prophanely mingled Armies and strong wals cannot restraine the violence thereof It spoileth all mortall people of good Report Modestie Children Nation Parents c. So doth this brightnesse of gold bleare mens outward sences so fuming in their heads and fastened in their hearts that they feare not any mischiefe which can accompanie Lucre. Such wicked vniust and rauenous officers eating the people as bread are to be squeezed like sponges full of water Great caution therefore must be vsed against the violence of officers in such extortion least the prince after some few yeares patience of the people vpon new grieuances become odious which king Henry the eight in the second yeare of his raigne did most politickely prouide in his proceedings against Sir Richard Emson and M. Dudley late inward and of counsell in such cases vnto his sage father king Henry the seuenth By good example of whose punishment others might vpon the like inconueniences suffer For if the people find not redresse vpon their complaints then will they rise as at that time it was feared in open hostilitie which if the blood of those extorting officers can expiate without some humane slaughter sacrificed to tenne hundred scpulchers then is it happie but such generall hurts haue commonly no compensation without a generall confusion The peoples payments ought so to be disposed therefore that all men according to their faculties by due discretion of good and honest sworne officers in euery shire or prouince may take such reasonable dayes and times of payment limited as they may without any grudging or disease contribute heartely Moreouer that such as are in speciall affaires of their prince and for the Commonwealth employed hauing by such occasions largely spent of their owne priuate for the common good as euery good man will in such cases bee for examples sake for the good encouragement of others precisely exempted from all kind of burthens and impositions Also such as haue formerly done much grace and honour to their countries and princes if they be not at that time so high in blood that they may well away with phlebotomie should bee graciously spared according to the French order for all courtiers and seruants attendant vpon the kings person in his house are by the ciuile lawes of Fraunce excepted in time of peace from all collections tallages gabels exactions customes and impositions whatsoeuer which others are tied vnto likewise in the times of warre from any burthen of receiuing quartering and billetting of souldiors Obseruation concerning these collectors and ministers before named dependeth vpon the chusing and displacing of Officers either iust or corrupt First the choice of such ministers is made out of men honest stayed and well approoued for such a purpose bad Officers which did extort or vnlawfully compasse being with losse of their places and possessions punished Dispensation of these tributes and subsidies must bee to the generall and not any particular vse for no man will sticke at a little charges employed to publicke behoofe if it once appeare that the prince doe not consume his treasure in vnnecessarie cost and riot but keepe a moderation with decencie which albeit the vulgar do not generally marke for they respect onely the princes proper faculties and reuenewes which ought to be by the treasurers concealed so much as may bee yet certaine captious and dangerous heads full of quarrels and aduantages such as are of fierie spirits coueting innouation which commonly lead the blind and abused vulgar into dangerous actions will narrowly sift and make a breach into the common peace vnder the pretext of taxes and impositions as hath beene found in certaine commotions in the dayes of king Richard the second and king Henry the sixt with other princes vpon the like occasions Such gettings therfore as proceed from the subiects beneuolence must bee sparingly spent and husbanded and so should the Treasurers beare themselues in that Office as stewards of other mens goods and not of their owne That most prudent and worthy Lord Treasurer William Cecill goodly well approued ouer all causes and in all businesse either publike or priuate during the late and most deare mirrour of good gouernment Queene Elizabeth of most renowmed and euerliuing memorie did leaue behind him a liuely patterne and precedent of his singular care and excellent wisedome to the great encrease of that stocke committed then to his charge as may serue euerlastingly to them which yet are or euer may be credited with that office to get and maintaine eternall reputation The generall good opinion and report of him after his death in the mouths of all good men may stirre vp his successours in that place truely to resemble his vertues and integritie The treasure therefore may not bee wilfully wasted or exhausted for satisfaction of any prince in his priuate prodigalitie Vera enim simplex via est magnitudinem animi in addendo non demendo reipublica ostendere For persons of lauish humours and exorbitate affections thinke not that there is any true fruition of treasure without profusion Diue deepe therefore into the bottomelesse danger thereof by manifold and most manifest example and obseruation as in Archigallo king of the Brittaines who was deposed by the people for his extortion after hee had raigned fiue yeares and then vpon his reformation restored And amongst diuers vnaduised princes consider that it was not the least cause of decay to Edward of Carnaruan king of England when hee by such meanes lost the loue of his commons by listening vnto flatterers and wilfully robbed himselfe of the fealtie of his nobles which opened his sepulchre for other matters more securely Men of such profuse qualitie which extort much as if they could not keepe any thing but that which is taken with a violent extortion are in themselues miserably poore From hence likewise brauncheth another speciall rule of moderation that no leuies surmount the princes occasions for if it tend not to the subiects great benefit being very necessarily dispensed it dishonoureth any Soueraigne to straine them in so small a matter And such
by peculiar demonstration call his own councell from which by the edict of Philip le beau no persons of that Realme can appeale because the king himselfe which acknowledgeth no superiour in his dominions vnder God is the chiefe thereof conuerseth in all publicke affaires of the Common-wealth respecting the king and gouernment which is aduised and directed thereby Albeit the king be iudge of this Counsell and of the Parliament yet is hee subiect to the lawes thereof Nam Parliamentis secundum deum rex solus Imperat qui absens aquè in Parliamenti ac in priuati Consilij decretis loquitur For as a God the king himselfe only ruleth in the Parliaments who though hee bee not present in the Sessions yet hath his voyce royall assenting or dissenting both in the Parliaments and priuate Counsels of state Albeit the Parliamentall iurisdiction surpasseth this Counsell Neither is it permitted that any President Marshall or other principall magistrate shall during the time of his authoritie retaine his place or giue a voice in that Office but is sequestred or suspended from entermedling in those secret consultations vpon very reasonable and needefull respects because certaine expostulations may be concerning some negligent indirect or corrupt dealings in their places otherwise In this Counsell king Charles the eight instituted that the Lord Chauncelor should bee present who being directed by the true rule of Iustice should take the rites and suffrages of those other Counsellors by iust number in any serious causes King Philip le Longe ordained of this Counsell twentie Noblemen whereof six were of the blood two Marischals the Archbishop of Rhoane the Bishop of S. Malo with the Chauncellor of Fraunce and nine others These had the determining of all great causes ordering as in their wisedomes was thought fit the families of the King of his Queene and of his children also to take account each moneth of the Treasurers and to reforme any thing which needed helpe in that Office In which as in our Counsell chamber of England there is a register or Diarie booke kept of all speciall causes there handled and debated which deserue monument And this Counsell is therefore fitly called the Common-wealths heart wherein the knowledge and vnderstanding is placed beeing properly tearmed Dux Imperator vitae mortalium The Captaine and Commaunder of mortall mens liues For those are the chiefe Morall faculties of the mind vnto which euen as the bodie by obedience is bound so semblably should the people dutifully subiect themselues to this Aristocraticall Senate And therfore that extreame straine of prudence is in extremities permitted to this Counsell onely because they can make best vse of it finding in their prudent foresight when and vpon what occasions for the Commonwealth to put the same in execution as Salust in one of his Orations Patres consilio valere debent populo superuacanea est calliditas The Fathers and Senatours should exceed and preuaile in their Counsell Calliditie becommeth not the Commonaltie Them therfore that serue in such Office it behoueth to be very well skilled in princely cunning being with diligence employed in affaires of state and politicke matters narrowly respecting gouernment This Counsell especially conuerseth in ciuile causes as in punishing of Rulers Deputies Iustices of peace Generals of armies Coronels priuat Captaines inferior Counsellors of the prince ciuile or martiall concerning their iust dealing or iniquitie in execution of their Offices In whose doome it resteth whether they shall bee discharged or retained in their places which persons are to be thought seruiceable which not This Counsell likewise prouideth that there be no falshood in paying of wages and prouision for victuall vsed by the treasurers prouant masters in campe or garrison It hath in like sort a regard limited vnto the treasurers and officers of the prince his great receit to whom the collection and conseruation thereof remaineth but the dispensation and imployment only resteth in the command of this Counsell which likewise hath in trust the consideration of all weightie treaties of peace betwixt their people and other nations of leagues amities commerce entercourse of militarie complots confederacies and actions and of dispatching away well instructed embassadours with any complementarie tearmes of beneuolence towards forren princes or states really or verbally to be professed or coloured to deliberate and resolue by what meanes in how short time and whether in priuate or publikely such businesse should bee managed with some other intricacies of more importance of which here I may not take any notice neither if I could can it bee thought fit that I should open them being only reserued as mysteries peculiar to this which the prince calleth his owne Counsell Those secrets of a State which commonly fore beyond the vulgar apprehension beeing certaine rules or as it were cabals of glorious gouernment and successe both in peace and warre apprehensible to few secret Counsellors in some Commonweales which either languish or wax vnfortunate are locked vp in foure generall rules First in the congregation of wise magistrates including the prinat Counsell These vpon importune causes in matters of highest consequence that cannot otherwise bee remedied but by meanes most necessarie to bee concealed knit vp the prudence of their resolutions in sinuous knots and serpentine wreathes of mysticall and intricate meanes and instruments fetching in their curious machinations and denises with bait hooke and line for any graue purpose beyond ordinarie reason The second is in the maiestie of State which includeth euery prince his priuate power with the strength of his wisedome and fortitude in allies monies confederates inuasions and euasions in all glorious hazards and aduentures In seeking certainely to learne out those mysteries the vulgar are commonly deceiued for it is so shadowed as not all princes are well acquainted with their owne force and how faire their armes may by meanes sufficiently stretch onely some few very prudent and industrious Counsellors of grauest and most iudicious obseruation are throughly well acquainted withall The third consisteth in iudgements wherein vpon the decision and appendance of some weightie matters respecting the common quiet and securitie by certaine mysticall circumstances in handling strange Oracles not apprehensible by vulgar sence are oftentimes closed as by suffering a mischiefe rather than an inconuenience and by breaking off a leg or arme to saue the best ioynt from perishing The fourth concludeth in the warie leuying of warre in the skilfull exercising leading and encouraging of souldiors vpon seruices vnto them vnknowne and tending to the most renowne protection and augmentation of their countrey which entirely dependeth vpon stratagemes of warre deuised and executed by the Commaunder his noble and industrious sagacitie and secrecie and in them many times are the weales and safeties of puissant kings and kingdomes wholly contained In choice of this most honourable Senate it is very needfull that the prince shew great prudence and discretion as in that sufficiencie which must
in that worke most of whose patternes were taken and translated out of Latine French and Italian intermingled with some other excellent inuentions of their owne not including any great matters tending vnto gouernment and moralitie Diuerse of whose words by times continuance and the choice of better being antiquated like hearbes withered from the root haue beene seconded with richer inuentions according vnto that saying of the Poet Horace Multa renascuntur quae iam cecidere Cadentque Quae nunc sunt in honore vocabula Many words long time out of vse renew And th'after age our best words will eschew For words he sayth like leaues yeerely wither and renew Towards this excellent worke we find for our more helpe that the Latine verbes sweetely consound with our English tongue the French aptly doth offer it selfe to polish this workemanship and the Italian doth in many things yeeld much helpe and dignitie to the same The Germane from whose old stocke our first Monasyllabicall roots by their old Colonies were inducted is of it selfe the garden plot alreadie well tylled and copiously manured to bring forth this language And since those dayes of more difficult obscuritie the Latine Bible by diuers learned Bishops in the reignes of king Henry the â—…ght and of his sonne king Edward was translated into the vulgar also certaine Chronicles Treatises and Translations of that time haue added much light to the former darknesse But since the dayes of blessed Queene Elizabeth whose happie reigne is as the dayes of heauen what seas of paper haue beene alwayes furthering polishing and encreasing this honorable enterprise First by that holy Bibles more exquisite and polite translation than before after by the bookes of Monuments Chronicles Treatises and Translations Theologicall and humane by most ingenuous Poets and other Poeticall pamphlets alwayes with studious addition and curious composition of words phrases and sentences howbe it amongst the rest as a very memorable register of English eloquence highly deseruing endlesse remembrance which liueth in his owne liuing workes Sir Philip Sidney that diuine starre of sweet wit and inuention hath so much honoured the language of this nation in that his small hyue of all excellent humanitie inueloping vnder the true Poeticall vine leaues of his labours such excellent sweet clusters of Philosophicall grapes and inuentions both morall naturall as haue mightily benefited towards this rich vintage of our English knowledge Since therefore these great hopes and helpes are left vnto vs first by God in his grace plentifully poured into the wits of this nation secondly vnder his great power by the kings most excellent Maiestie through that auspicious amity and perfect Monarchie established and growing more more mightie betwixt all good Christian princes and vs and lastly by that golden gift of peace deriued from Gods sweet mercy seat and from the true prudence and sapience of our gracious Soueraigne and of his reuerend Counsell which may giue all liuely perfections and faculties to learning why doe we not then with a cheerefull and mutuall alacritie combine in our wits studies knowledge to make our countrey famous with our owne bookes and writings Certainely this enterprize as it is vertuous and laudable so is it glorious and highly profitable Let vs therefore with cheerefull consent imitate those other great Empires that our wits learning and inuentions by diuine benefite equalling the best of theirs our bookes and languages with our men and marchandizes may louingly bee receiued and embraced amongst them also Then shall this our puissant little Monarchie like a sweete fountaine which the further it floweth imboketh into the more spacious and deepe channell bee more and more magnified Cum ingeniorum ist torpor ignauia When this drowsie slothfulnesse of our wits cannot bee found amongst vs but that we still studie to become famous in our vulgar as those ancient Greeke and Romane writers declared in their ancient mother tongues Encourage and gird your selues therefore with a pleasant equanimitie to this excellent seruice for the ground being enlarged hath left ample space for many seeds and choice of hearbes and roots than was before it shall bee strongly fenced with peace and plentie when vertuous spirits shake off that idlenesse which hindereth so glorious a worke so well fenced and fortified it shall bee that nothing shall come in hereafter to corrupt or deface your garden so Geometrically set and deuised For sure it is if the world and Gods blessing continue but one age of a man from this instant our language will bee so much required by these childrens children in Fraunce Spaine and Italie as those their tongues with vs at this day Then shall bee left matter sufficient and as King worthie for Commentaries to bee written by our learned Caesar in his warres or in his peaceable affaires so much diuine morall and naturall Philosophie by the Salomon of our nation then shall wee find substance for the penne of Liuie and pleadings for the bookes of Cicero Seneca shall haue his place againe but in a glorious Sunne-shine and fill this new Monarchie with his sage considerations I write this therefore oft and againe iterating it that many Liuies Senecaes and Ciceroes shall flourish vnder our Caesar if wee will worke out the fruit of our vertues by such vertuous contemplations and exercises as may much dignifie their countries It is most certaine that ingenuous natures and vertuous spirits whose diuine rationall ought to be fixed vpon perfect glorie are in a continuall combate and ciuile commotion within themselues if they doe not imploy their cogitations and studies in morall contemplation still labouring like a woman with child to bring forth some excellent faire birth like themselues But this luxurious whirlepoole of idlenesse and sloth into which such excellent wits are very soone and violently throwne ouer-whelmeth that sweete reason oppressing this noble birth made abortiue in the very chest of conception Gloria namque industria alitur vbi eam dempseris ipsa per se virtus amara aspera est c. Industrie is fostered by glorie take away glorie which is the reward of vertue and the tast thereof is harsh and bitter When therefore the vertuous Prince himselfe and those noble arches of his Monarchie shall perceiue this their towardnesse and trauaile in vertues little doubt is there that the reward of their studies and vertues shall not encourage posteritie more and more to make learning as cheape in England and Scotland as euer it was amongst the Greekes and Romanes The knowledge of Hystories is another quality most concerning a Counsellour as with notable attention and dilligence to peruse and marke the Records Annales and Chronicles of all ages people and princes together with the written stories of friends neighbours and enemies Historie is a viue experience of matters the parent of Philosophie a collection of all things in all ages authorized by good triall and practise of many men This is it which Diodorus in the
Proheme of his Hystories doth affirme Will teach vs what ought to be the principall scope of our desires and detestations This which summoneth all creatures of all countries and fashions as to a generall muster imitating his diuine prouidence which in heauenly iustice and bountie bestoweth vpon euerie man according to demerit all vertuous actions are eternized by the penne of Hystorie so farre doth it surpasse the sage counsels and golden sentences of our forefathers and former Philosophers as times continuance comprehendeth more examples than one mans age This is it which maketh young mens iudgements of parill ripenesse with old age grounding aged persons in the depth of wisedome to whome long experience hath alreadie ministered a dayly triall of causes It maketh priuate men fit for Empire and Emperours earnest in vertue for victories heartening souldiours to giue a courageous charge vpon perils for honour of their countries terrifying malefactors propagating Soueraignetie by good example deuising lawes inuenting arts preferring vertuous actions enfranchised from mortalitie declaring it selfe a memorable and perfect marble-register of misdeedes and generally beneuolent This is it which aged time onely nourisheth when it eateth vp all things besides this is the patterne of eloquence the true mirrour of Philosophie the garden of knowledge and hence is it that Aristotle in his Politickes writeth how the skill of actions and Histories of deedes done most import a Counsellor to learne because things future are like their parent which came before them vpon which all euents of actions commonly depend Hee therefore which in noble Hystorie shall contemplate and meditate vpon the life of a good Prince or Counsellor may find somewhat alwayes worth his own obseruation and practise according to that saying of Seneca Aliquis vir bonus elegendus est nobis ac semper ante oculos habendus vt sic viuamus tanquam illo spectanti omnia faciamus tanquam illo videnti We must propose some one good man for our patterne and alwayes looke vpon him with the eyes of our mind that wee may so liue as if hee were looking vpon vs and so deale as if all our actions were performed in his sight Let a souldiour liue fortie yeares in seruice great and of continuall commaund as great Alexander and Caius Caesar escape in many conflicts as Anniball and Cato receiue so many wounds as Scipio and Scaeua triumph in so many victories subuert so many cities deuise so many stratagemes consult vpon so many leagues and truces enterparley with so many princes spending the full glasse of his time during those yeeres in magnificent actions and noble consultations onely like Cirus Themistocles Epaminondas Cimon Fabius Pelopidas and infinite others auncient and late yet shall one moneths reading in Liuie Plutarch Diodorus Thucydides Polybius Xenophon Dion and some few more which haue eternally recorded all the memorable actions and vertues of them all open more vnto him without bloudshead if hee will studiously conferre and reasonably remember than euer the seruice of many more yeeres with the slaughters of Myriads of souldiors could expresse The knowledge of all persons the meaning of all matters the depth of all secrets is locked vp in Hystorie In it wee find that inestimable treasure of the Lawes by which Commonweales were first ordered and instituted in the sentences of sage and prudent men confirming societies in peace and magnifying them by vertues like Physicke which is an hystoricall commemoration or rapsodie of experiments made by Physitions of old by whose Aphorismes and Precepts our Physitions direct their iudgements and medicines it is a methodicall Schoole-master of humane life examplifying the fashions and natures of people a certaine experience of their actions a sound and prudent Counsellor in difficult affaires The cruelties and exceeding lust of Domitian and of Nero which may be read in Tacitus hath power to terrifie princes from those vices which are recorded of them when also they peruse the lamentable stories of Caligula that Fax fex hominum That fire-brand and filth of men When they reuolue the monstrous obscoenities of Heliogabalus who was amongst the people a Cannon by word scorne and obloquie when they shall looke into the leaues of Maximus his life than whom no man was a more cruell slaughter man of his countrey finding what horrible epethites denominations and attributes were worthely throwne or as it were spit into the blacke legend of his bloudie gouernment being called in diuers places Busyris Phalar is Typhon what better precedent can remaine in detestation of vice Contrariwise the blessed and peaceable reigne of Octauian the goodnesse and gracious condition of Traian of Pertinax of Titus and some others are vehement prouocations to confirme and encourage Princes in iustice and honestie For euen as women which curiously fashion and attire their heads and bodies by their glasse which representeth vnto them all vndecent and comely guizes will presently shew themselues abroad amongst the people finding their bodies by that myrrour pleasingly garnished so Princes by the like resemblance find in the glasse of hystories that which giueth spurs to their vertues and policie The case is lamentable and I haue many times with heauinesse thought it how few be the Chronologiers and Historians of our age how doubtfull and vnfaithfull much of their matter how fearefully and vainly seduced by misprizion and affection Sure I am that infinite actions remaine worthie the penne of hystories nay that which men write of their own princes and nation tendeth lesse to truth than vnto vaine-glorie but that which is written by men of forraine princes people such as Mercury Gallobelgicus falsely proclaimed in his Annales of the world is both vncertaine fallacious and strongly sauouring of malice blind zeale and partiall motions of the mind Whereas if men would faithfully search out by the true records and memorials of realmes and Commonweales the vertuous and vicious actions of princes and people how would it instigate and deterre the well and ill affected rulers and commons of the world to take hold and detestation of goodnes euill In reading of them therefore we must carefully quote the map of actions with the times places the causes executions and euents of things wherein some did prosper and others perish with the reasons why those were gracious and these vnwelcome If any glorious matter happened whether it came by chaunce or felicitie by vertue or good counsell what impediments in contrarie did cause it miscarry A Counsellor should also consider by this knowledge what alterations haue formerly beene as in the realmes of England Scotland Fraunce Ireland Spaine Denmarke Italy with other Nations what Families possessed the Crownes of them and by what titles and meanes how long what the causes of those mutations were how many of euery familie did reigne which of the princes was most religious valiant wise and fortunate which not how many battailes euery prince fought against whom at what time where and vpon what occasion what warres
mens minds and to make his proper vse of them if he can apprehend the plaine causes which moue most honour and admiration in their hearts towards any Magistrates if hee can wisely discerne the Spring-tide of Iustice Prudence Fortitude and Temperance when they passe their bounders then is he worthily deemed iudicious In the consideration and practise of which the whole force of prudence consisteth Peregrination of countries is another cheefe ornament in a Counsellor in speciall the realmes and prouinces of his prince his friends his enemies and neighbours In such trauailes behooueth his care prudence diligence and consideration not to passe like those gaping and wauering fooles in fayres and markers which onely come to busie their eyes without benefite But his vse of trauell must be to know how such countries are gouerned in peace and warre what reuenewes ordinarie out of his owne lands and extraordinarie by contribution of the people belong to the prince how the realme is munited and how the people addicted by such obseruation hee becommeth prudent worthie to be consulted and in honourable respect vpon his returne Albeit Honorius and Theodosius Emperours supposed that men ought not to diue into the secrets of a forraine state yet he which vpon the dispatch of any legation returneth into his owne countrey shall be deemed prudent if he can obserue open when occasion is offered such secrets as by being shewed may profit his owne countrey Amongst other things if he bee commended by the prince to performe any great embasie the speciall subiect of his heart vnder God must be the renowne of his prince and the chiefe organe directorie by which hee must square out his businesse and worke should bee moderation For if it happen that in arrogant speeches hee gallop out of the listes of modestie then doth hee violate and abuse the maiestie and peace both of his prince and of the people But rather if any thing in charge be by the king through heate or some angry passion somewhat more sharpe or bitterly deliuered that when he pronounceth his Soueraignes message the embassadour rather mollifie than exasperate any matters of litigious consequence in his speech and if other things of fauour or honour bee by him to be signified on behalfe of his prince vnto friends his care ought to deuise how he may make the same more gracious and magnificent by his owne wit and inuention for it sometimes happeneth that princes by means of some embassadours their intemperance and temeritie be vehemently moued vnto wrath and by the prudence of others are drawne into the true borders of friendship and amitie The things commonly notable in trauelling of forraine countries are the lawes religion and fashions of the Nation where hee soiourneth the scituation castles and cities of the countries the fashions of the princes robes and attire the qualities pedigrees families power treasure and buildings of the Counsellors and Noblemen By conference vpon such obseruation he shall learne the good and euill of his owne countrey how to ciuilize the people if their manners be corrupt how to declare himselfe hospitable towards strangers for vnder them haue diuers charitably disposed worldlings such as Tobias and Lot receiued Angels into their houses how to grope mens minds or meanings whether they bee friends or enemies and according to the state of his businesse he shall accommodate himselfe to the time and vnto the state of his prince hauing good note of all occasions oportunities encombrances and difficulties of places and seasons No man shall haue power by cunning relation of salse-hood to make him swallow a gudgine neither to build vpon any mans opinion It is further required that hee know how many myles that countrey where he hath conuersed is in length how many in breadth with what munitions and artillerie the townes are fenced in what place of the countrey an armie may find safest entrance what faire and open Harbours Ports Creekes Hauens and Promontories there are how many deepe riuers water the countries what the principall vertues and vices of the people bee what their chiefest pleasure wherein their Nobles differ from ours in England what oddes betwixt their edifices and ours whether of the princes is in power most absolute how the people in those Nations oppose their Soueraignes what difference in the formes of their seruice and ours how they muster trayne and discipline souldiors whether in marching or quartering of armies they spoyle the countreyman what order is prouided that the souldior shall not annoy the peasant So that in his relation he may discreetly compare all those countries where hee hath trauailed with his owne distinguishing of all properties with sound iudgement For if distinction be wanting farewell election and if that depart prudence is also banished the lacke wherof bringeth in confusion which haleth on many millions of miseries A sound knowledge and apprehension of the princes strength whom hee serueth with the power of his confederats neighbours and enemies is likewise adioyned This shall teach him how great their seuerall reuenewes are eyther ordinarie or extraordinarie from whence by what meanes and when they be gathered what forces his prince can leuie and how long maintaine them how well disciplined what gallant or caitiue captaines amongst them that are enemies which of them are confederat against the king whose parties they professe and vpon what plot of malecontment reuenge faction ambition or corruption how strong or weake those secret partisanes are with what commodities they be furnished and wherein wanting for this is the ready rule which measureth any princes power Hee should likewise of himselfe seeme able and worthie when warres require the aduenture of his state and life to bear commaund ouer many souldiors and at all assayes so well appointed as hee may be found aequè fortis ac prudens both wise and valiant executing the laws of arms as those Romane Emperours of whom it is written That in castris they did agere iure summo domique ex aequo bono That in the warres they did vse martiall law and at home in peace administer equitie When a Counsellor can with sound knowledge like a good Physition heale the diseases of his countrey prouiding how to preuent them before they can take hold thereof he magnifieth his wisedome vehemently he should therefore heare euery man willingly fauour all indifferently yet so that most respect be fastened to the iust cause A stranger in his good dealing and right ought to bee preferred before a neighbour wherefore if hee were a Iew borne or barbarous Heathen if he were a Turke or of what odious off-spring soeuer let his cause not his qualitie be respected and in equitie let him hold the priuiledge of nation cognation countrey citie bloud and familie with a neighbour for so much as may concerne his cause In this qualitie the Counsellor is importunately warned to take great heede that hee with his parts doe not corroborate any faction or vnder the pretext
are these First a ripe demurrer in weightie causes wherein is required his circumspection that he trifle not away the time of his action in vnprofitable delayes or waste the dayes of his busines in vaine words next that he lend a iudicious care without pertinacie to them that consult vpon any serious matter concerning his weale hearing all their opinions beneuolently but warily concealing his owne mind within himselfe or imparting it albeit vpon necessitie to very few iudging and pondering euery mans censure according to the weight of prudence Tunc demuÌ„ elucet regia maiestas cum potest qua cuiusque sententia in senatu melior non numero sed pondere dijudicare Royall maiestie then most luculently disperseth her glorie when it hath power to ponder euery Senator his opinion according to the sound substance of reason and not perswaded by the multitude of voices Lastly but most needefully that his grace admit a generall libertie for his Counsellors franckly to declare their minds without restraint of any thing which may concerne the subiect of their consultations for miserable is that prince which willfully but more sluggishly rather occasioneth his owne wretchednesse by prohibition or punition of that libertie which openeth vnto him th'impostumes or dangers of his present state in disposing of which kinde of causes he should decline from any taste of partialitie which herein is expressed when he neither rewardeth them that aduise him soundly to the best nor punisheth those which ministred counsell to the worst sence And this is one principle or caueat rather to euery wise prince which as I should thinke is a good member of his true fortitude that he gouerne of himselfe be not gouerned entirely by the counsels and opinions of others as if he should fearefully distrust his owne priuate wisedome in any publike matters of the commonwealth Nihil est 〈◊〉 in imperio pernicioâ—…us quà m ex alio sapere And as Tilius writeth in his Commentaries of France Videant principes ne munera sua â—…egligant sed procurent ea ex mandato dei nec incumbant toti in alienam fidem Princes should haue a most vigilant and circumspect care vnto their offices which they should execute according to the commandement of God and not entirely repose their trust in others It is likewise very behoofull that euery Prince take open notice and vnderstanding of the singular good vertues and demerites of such valiant and excellent persons as haue highly worthied his Highnesse honoured the Commonwealth or benefited any speciall members thereof Tam etiam beneficij quam iniurae memor esse debet He must remember a benefit as presently as a wrong done vnto him Semblably true munificence as I said before in my first Booke is most worthy the royall Maiestie Armis nempè regem quà m munificentia vinci minus flagitiosum The dishonor of a king is not so great which is gotten by his ouerthrowe in warres as by his want of due munificence To that prince likewise that tempereth his raigne with benignitie and clemencie all things seeme ioyfull pleasant Etiam hostes huic aequiores quà m alijs ciues sunt Euen enemies are more fauorable to such princes then subiects are to those of a contrary condition Which that morall Tragoedian witnesseth in many places though his Scholler would neuer learne that Lesson Qui vult amari languida regnet manu He that would be beloued amongst his people must punish with a languishing hand Moreouer euery wise prince will haue his Court furnished with store of reuerend Byshops and Noble-men of port aswell for his owne more fame and honour in forreine places as for the maiestie of his State at home by which meanes if any matters happen amisse either in the Church amongst the nobility or in the Commonwealth he may sagely communicate consult and worke out with their forces about him towards a generall or particular pacification and tranquilitie The reputation and ancient offices of a prince amongst the Romaines was to summon a Parliament senate or counsell to giue directions vnto the Senators to deliuer the law to constitute guardians for wards and orphanes in pupilage to make free men of seruants to dispose and bestow the publike tribute His meanes to conciliate the peoples loue is the fame opinion of libertie beneficence iustice faith and of other qualities apperteining his royall apport in manners and facilitie for in iust and good princes in and from whom no deceits nor iniuries appeare nor proceede the people franckely repose all their fortunes wiues liues children as they did here in your most excellent Maiestie vpon the decease of our late deare Soueraigne Elizabeth which how firme a kingdome that is cannot but be with much comfort knowne vnto your highnesse Cum multo tutius sit volentibus quam coactis imperitare Considering that it is a fafer course to beare rule ouer such as are voluntarily then those that by constraint are subiected This hapinesse hath iustice and prudence wrought in and for your grace that no people can be more franke hearted in loyall alleageance and reuerend affection towards their Soueraigne then your subiects of England For as we find that men for many reasons subiect themselues voluntarily to princes some vpon a good opinion conceiued of their iustice and prudence others in hope of benefit to be gotten at their royall hands some for honor a multitude for other preferments of diuers natures peraduenture not a few which stand in feare of some disaduantage if they should not subiect themselues vnder theÌ„ whose true right and inheritance void of any the least colour of exception doth command and inioine them so nothing can be more specious then your maiesties excellent vertues and knowledge wherewithall God hath admirably blessed you nothing more liuely declared then your true royall munificence and bounty nothing equiualent with your kingly beneficence in honoring preferring vertuous persons that which is most apparant cleare as the sunne in his purestlight your maiesties royall right of inheritance vndoubted lineall discent vnto these crownes kingdomes vnder your Scepter imperiously by right commandeth it But one thing more then all the rest to the vnspeakeable comfort of your highnes vnder God there is which mainly conquereth preserueth all Empire being a zealous vnfained loue of your people towards your grace so that in these three pointes your maiesties glories are with most renowne emblazoned First with the peoples loue secondly by the confidence reposed in their prince through his vertues and lastly through the reuerence dutifull obedience exhibited vnto him Parua namque res tantum ingenium atting ere nequit For such a mightie wit is not apprehensible of small matters Such infinite blessings hath the God of righteousnesse powred into your graces head and heart hauing girded impaled and fastened th' one in constancie with those graces of wisedome within your royall crowne and of sacred
odious in a dogge a snake or any wild beast which is cherished or fedde at your table to bite or maligne their fosterers which is a thing very rarely to be seene howmuch more lothesome and contemptible is it in a man to whom God hath giuen heart and reason of gratification Mercie confounded is with hardnesse of heart vncharitablenesse vnconscionable actions strangenesse amongst brethren and societies being both pernicious to the soule of people and contagious to the peace and vnions of all ciuill states and policies Liberality perishethin these extreamities in auarice which cannot endure the thought of giuing and in prodigalitie dishabling the power thereof These are guarded with infinite vices of which two mischiefes prodigalitie more helpeth in repayring many whereas couetousnesse will not relieue any Vaine ostentation being vndecently slubbered vp and neighbouring auarice is opposite to magnificence there is likewise a proud immoderate and vnseasonable kinde of riotous magnificence accompanied with excesse the daungers of both are much like to the perils issuing from the extreames of liberalitie but of auarice ostentation prodigalitie I haue more at large spoken in the morals of my first booke of offices Friendship being the nauell or vp-shot of all iustice Etiam habitus verè perfectè diligendi alterum proper similitudinem morum Which is a habite of perfect and true loue betwixt men resembling one another in conditions and manners by naturall sympathie shall take place in the bottome base and groundworke of the rest and it is thwarted with enmity which worketh in mens hearts crueltie with hatred whereupon patricides and homicides ingender It is a common saying that such a man hath betrayed or deceiued his friend because the practise and example seemeth very frequent amongst vs in this age according to that saying of Salust Per maximam amicitiam maxima est fallendi copia that where greatest friendship harboreth there hath deceit most power and force to practise but I am not of that opinion how true friendship if it be mutuall and reciprocall hath any port which can open vnto the heart that could entertaine falshood against friends considering that true friendship is naked pure and immaculate according to the definition before expressed Howbeit there is a similitude of wicked natures which combineth men in a kinde of fraternitie which me seemeth may not be called so properly friendship being brethren in euill sacramentally tyed and periuriously vntyed at pleasure to succour loue deceiue and betray one another This in like opposition with the former is the very seede of all disunion and iniustice From hence distractions seditions factions oppressions and diuers sutes arise which neuer haue end nor will but by conspiracies vpon which the prince is many times forced to staine his hands with blood or to loose his soueraignetie Many men neglect this not looking into the danger which dayly stealeth out of it and yet it is easily found if they consider how the seed-time of each yeere present occasioneth the next yeeres haruest ministring store of matter to gorge vp the couetous bags of some ambicious Lawmen Aduocats and Atturneyes Now somewhat concerning that abilitie which strengtheneth iudges and iuridicall magistrates in th'administration of publike affaires To the perfection of knowledge herein it is right behoouefull that they which iudge be soundly read and practised in all the lawes Ciuill Cannon and prouinciall consenting with the lawes of those nations where men liue and also the lawes of all neighbouring Commonweales politickely gouerned whether they be Christian or pagane conferring them with the ground of all good laws deliuered first by God to the sacred prince Moyses his seruant in the decalogue as also that he studiously peruse all the bookes of Moyses wherein the politicke statutes and ordinances deriued from the fountaine of his vnserchable wisedome are touched as in the bookes of Exodus Detronomie Numbers likewise in the Iudges and Kings Nay let him peruse the whole volumes of the new Testament wherein he shall find the true formes and treasure of all good lawes and iudgements Likewise let him conuerse with the lawes of the ancient Egyptians which as Diodorus recordeth them are like in nature to these our Brittaine lawes from whence together with the secret misteries of their gods those ordinances were by Orpheus translated into Greece also the Troiane and Greeke laws from whenceour Nation as I before declared did receiue their first orders of gouernment the lawes of Saxons and Danes when they did inhabite vs conferring them seuerally together pondering which neerest cohere in precepts vniformitie with the sacred Decalogue It is also most commendable and would adde infinite riches to his iudgement if he can by diligent reading attaine the Lawes of all principall States and Kingdomes in this age established as in Spaine France Portugall the free States of Italie the Empire of Germany the Cantons of Swizzer-land the Kingdomes of Poleland Hungaria Prussia Moscouia with such like most of which although they be gouerned by the lawes imperiall haue not withstanding Edicts customarie prescriptions retaining legall force which are most fit and worthy to be knowne Also the Lawes of the Turkes of the Persians and of any strange heathens in the world which are partakers and be gouerned by rule of reason This Science with the riches of that knowledge which may be gotten by the same together with the iudicious conference of one with another I cannot sufficiently declare nor commend neither if it were possible for a man all other means being wanting thervnto to liue vntill he had visited those nations and had soiourned in each particular countrey till he were acquainted with their seuerall Lawes and orders could his paines answere the least part of benefit which that knowledge will dispense In publicke iudgements which according to th' imperiall Institutions are so called because the execution of them is referred to any of the people it much importeth him to be very skilfull cōferring them to the benefit of his priuate iudgement with the publicke iudgements as in cases criminall of his owne nation Of these some being capitall and the rest not capitall those which are doe punish with death or perpetuall exile as it was called by the Romans Interdiction from fire and water by which was intended an exclusion from all other benefit or comfort of his natiue Countrey Such were those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Freigius defineth being persons cast out or banished from all ciuill societie and they were called deportati or relegati by the Romans to whom was this interdiction of fire and water or the prescription and abdication of people Other iudgements vpon defamation proceed with pecuniary mulct which are also publicke and not capitall Howbeit publicke iudgements principally proceed in matters of maiestie touching traytors against the King or Common-wealth punished with losse of life and extirpation of their remembrance after their death in attainder of blood and destruction of their
houses which should be demolished All criminall causes according to the forme of our Lawes are either treasons or felonies and those courts in England which are ordained for tryall of them that stand appealed for such crimes are the Kingsbench or Gaole deliueryes Which iudgements are through all Counties of this Realme once each yeere at the least and in some oftner according to the greatnesse of the shire and of that necessitie which may happen vpon the manifold offences tryable where the factes were committed if it bee not otherwise determined by the Kings priuie Counsell Treasons according to the lawes of our Nation are crymes of such heinous nature as either concerne the Prince in his life or State As when a man compasseth or imagineth the Kings the Queenes or their eldest son his death the violation or constupration of the Queene or of the kings eldest daughter vnmaried or of the Prince his wife the levying of war against the King in his Realme or abroad the counterfeiting of his great or priuy Seale or of his moneys th'importation of false money counterfeit to the stampe of his Realmes and knowing it to be false to kill the Ghancellor Treasurer or Iudges of the Kings bench or of the common plees or the Iustices in Eire the Iustices of assise or any Iustices of Oyer derminer doing their offices there is another petit treason when a seruant slayeth his Master and a wife her husband a man secular or religious any Prelate to whom he oweth faith and obedience Moreouer if any thing should happen vnnamed respite must bee graunted till by Parliament it be adiudged and ordayned treason or felonie Paricides such as kill their parents openly or closely and such as are either accessaries or abettours punished with extreame torture of death according to th' imperiall Lawes Howbeit such as kill their kinsfolke or allyes vndergoe the law prouided against murtherers Felonies are of diuers natures including any capitall iniustice as in life or liuing towards diuers persons of which some be murtherers others in theft and robberies and some in deceit appendant to that nature but in a more venemous degree Murtherers therefore which with artificiall instruments poysons or sorceries take away the liues of people according to th' imperiall lawes are punished with death Theeues secretly stealing and purloyning publicke treasure or sacrilegious persons yea Iudges themselues if hauing charge of any common treasure they should imbezill the same with all assistants receptors and abbettors are condemnable to death Other thefts not of such heynous condition are satisfied with exile The rapes of widowes wiues or virgines are comprehended herein by the same punishment Falsifying or counterfeiting of written Chartiers Euidences Records Leases or counterfeiting of seales with such like of the same nature punished with death Publicke violence which is done with weapon or artificiall instrument finable to the the third part of his goods which offendeth Pettie thefts sometimes with losse of life and in certaine cases with lighter punishment at the Iudges discretion The lawes of ambition of requiring a restitution of goods taken away with those that concerne victuall c. are all handled in the publike iudgements expressed in th' imperiall Institutions For as much as concerneth the studies and readie knowledge of our owne Lawes I haue sufficiently spoken before In iudgements criminall generally requiring the deepest and soundest discretion of Iudges there is one question which I haue heard controuerted Whether in them it be better and more expedient to shew mercie then rigor but it is by the stronger part of opinions confirmed that in the gouernment of a multitude where the crimes are treasonable or infectious seuere punishment much more auaileth then lenitie Which Tacitus no lesse sagely though liuing in a tyrannous Empire doth confirme Yet forsomuch as it is no part of my profession but in somewhat impertinent to declare the substance of all these causes criminall according to their natures I will pretermit and handle only such things as are required of a Iudge in his general decision or execution of them Punishments therefore are either frequent or rare mitigate punishments of multitudes together with frequent practize of them And he which hastily proceedeth to sentence of condemnation will be generally said and condemned to haue done it willingly If occasion so require that for a genenerall good and quiet a multitude must vndergoe punishment make specious demonstration that it is onely done to preuent further offence and not in regard of the fault shew neither wrath nor gladnesse in punishing inflict not any strange or extreame punishments for they be dangerous the Iudges which punish after new fashions are vndoubtedly cruell Be not partiall in punishing as in dealing more seuerely with some then with others whose faults are of equall qualitie Neither be present spectators at the execution of malefactors which violent irous appearance hath drowned many princes in the blood of their Tyrannie And whereas it doth happen frequently that many persons and some of the best estate and qualitie cannot be punished with death but with the great danger and hatred of the Iudge which he should wholy neglect honourably respecting the person of veritie represented in himselfe it is required that in heinous causes all the heads be cut off together and that not leasurely one by one For often reiteration of blood giueth suspition of mercilesse truculencie stirring malice in many men and pleasing few onely the due respect of seueritie bent against them whose pardons are full of perill presently washing out the note or malice of that seueritie with remission and indulgence of other offendors whose crimes being of a more humble nature include not much danger in them Hauing and retaining alwayes a precise respect of the natures and qualities of the persons offending and of their offences according with that rule in Salust Vos sceleratissimis hominibus quiaciues sunt ignos◅ere aequo animo paterer ni miserecordia in perniciē casura esset I could be contented that great offendors shold be pardoned were it not that such mercie would turne to mischiefe Onely this should be regarded that amongst many persons combined in offence a few of the principals be cut off Necem etenim paucorū aut vnius hominis calamitati publicae maiores nostri semper anteponendam esse putauerunt Our fathers alwayes thought it expedient to preferre the death of some few persons or of one man rather then to permit a generall calamitie by the effusion of much blood It hath been anciently customed but I will not prescribe such dangerous phisicke to wash away the enuie of blood-shed with shedding the blood of certaine vile persons as sacrifices piacular against publike hatred as I noted in my first booke by the example of Sir Richard Emson and Master Dudley in the second yeere of King Henry the eight To great offences therefore either presumptuously or bloodily