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
great honours and reueneues being proposed to the Proficients in those studyes did by his imperiall Edicts warranting the promulgation of that Booke cause to be generally read in all his dominions for the better establishment of his many kingdoms and people in publick weale and tranquilitie According to whose sage method and forme of Lawes being much more excellent and conspicuous then all other ciuill institution by which any principalities were euer gouerned I purpose by Gods assistance to inuest this Counsell not maiestically roabed in scarlet and purpure according to the reuerence and dignitie thereof yet in the verie best which my slender faculties can afford hauing neuer attained any fruitfull substance out of that paradise of diuine and humane knowledge equally combined by the perfection and fulnesse of Gods grace First therefore iustice being as Cicero calleth her Omnium virtutum domina Regina The Lady and Queene of all othervertues By the imperiall institutions is thus defined Perpetua constans voluntas suum cuique tribuens A perpetuall and assured will to giue euery man his due And deriued as I suppose from Ius which is right tanquam Ius stans immobile veliuris statio As a sure immoueable or implanted right being the same in effect with the definition of iustice Iuris prudentia which I call the knowledge how to discerne of any cause aright Est diuinarum humanarumque rerum notitia iusti atque iniusti scientia A notice of diuine and humane affaires a science which maketh a true difference betweene right and wrong Comprehending Sapience which by Philosophers is defined to bee the science of diuine and humane matters and therefore Iudges and Interpreters of the Lawes were antiently called Prudentes and Sages Hence proceedeth it that Ius by the difference that I can make in our vulgar is termed euery thing that is thought and done aright For according to Master Bodine it differeth a lege Quoniam sine iâ—…spect at ad id quod aquum bonum est lex autem ad imperantis maiestatem pertinet Because it without motion or coaction is wholy imployed in righteousnes and goodnesse whereas Lawes haue reference to the Magistrates maiestie The substance of iustice is compounded as it were of three principall elements of the minde of honestie which is a plaine and cleanly perfection of the minde constantly conuersing in iust dealing and decencie of Innocencie which comprehendeth our pietie towards God and our zealous obedience vnto the lawes of his holy Scriptures with the perfect duties true charitie which euery well-affected person exhibiteth towards all sorts of people in their degrees and of Equitie which in my iudgement is as it were a perfect Law truely written in our heartes with the penne of godly reason Or as it is otherwise defined Equitas virtus est qua quis recté legem in multis instantijs deficientem corrigit moderatur Equitie is avertue by which the law failing or wanting in many principall vehement and vrgent points is corrected and moderated This is the same lawe which ruleth in his Maiesties Courtes of Chauncerie where the bitter censure and rugged Letter of the Statute is qualefied mitigated or rectified by the mercifull interpretation or discretion of the Iudge or Chancellor being Legis Custos quem penes est â—…am cancellatio quà m interpretatio modificatio sententiâ—…m velrerum in legibus aquâ—… magis acerbarum The Treasurer of the Lawes in whose power it resteth to cancell interpret or qualifie sentences and causes somewhat sharply censured by the strict Letter of the Lawes And this doubtlesly seemeth to be that diuine and superexcellent grace which giueth glorie with vigor to iustice or rather as I may fitly call it Equitas est quasi cor Iusticiâ—… Equitie is as the heart of iustice The first of these concerneth our owne persons in particular the second belongeth our neighbours in speciall and the third respecteth all degrees of people in generall Ius which I call right being a percept or prescript of the King tending vnto the weale of his subiects committed to promulgation and administration and formed according to precise reason and vpright conscience is two fold being either publicke as appertaining the whole Commonwealth state or priuate concerning euery peculiar person in Commoditie Priuate right is either that which is by nature Qualege omnes vbique terra rum principes obligati sunt By which Law all princes whatsoeuer vpon earth stand bound obliged being common to all creatures liuing From whence the coniunction of male and female wedlocke procreation and education of children proceed as I touched in oeconomie before Or that which is nationall and generally belongeth all people for in such case vpon constraint nations made lawes wherevpon warres captiuities and slaueries ensued repugnant vnto the right of nature which hath made all persons free From which nationall right all contracts and bargaines comerce or entercourse of Marchants from one place to another location or the letting of any chattels goods or commodities for hier conduction or the vndertaking of any worke for wages people in association or societie Emption as when men receiue any thing of others for a price agreed vpon betwixt them that deliuer and those that receiue selling borrowing and lending with such like haue issued Ciuill right is that by which euery Commonwealth is gouerned Euen as those ancient laws which King Pharamonde and Gombaldus king of Burgundie made which were said to be the ciuill Lawes of France One of them being that kinde of masculine law which they terme Salique first written in the Germanetongue and instituted Anno Christi 422. So called of the people of Salij dwelling in Franconia neere the riuer Rhyne to which lists at that time the borders of the French Empire stretched And the other called Gombet comprehending diuers necessarie statutes peculiar to that nation Semblably these our Parliamentall Lawes in England which we call the Statute Lawes as of the Commonwealth from whence the modification gouernment of the peoples natures and of the Commonwealth proceedeth is the same in and to all effects and purposes with that which is called the Ciuill law respecting this Realme and Commonwealth generally And such were the lawes of Solon and Draco vnto which the people of Athens that had during the Greeke monarchie been a free State and royall Commonwealth were subiected in particular For as these our Statute Lawes of England are only made established by the popular consent and vnanimitie wherevpon they take title of commonwealthes Laws so were the ciuill Laws of all free Cities deuised and established for the generall behoofe of those peculiar States by consent of all the free Citizens and therevpon called ciuill Lawes For being by the generall Suffragation and consent of the people put in force and established they must needfully Legem pati quam tulerant Vndergoe their owne Lawes So that
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
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