Selected quad for the lemma: justice_n

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justice_n	king_n	law_n	subject_n	5,288	5	6.8048	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85713	The sage senator delineated: or, A discourse of the qualifications, endowments, parts, external and internal, office, duty and dignity of a perfect politician. With a discourse of kingdoms, republiques, & states-popular. As also, of kings and princes: to which is annexed, the new models of modern policy. / By J.G. Gent.; De optimo senatore. English	Goślicki, Wawrzyniec, 1530-1607.; Grimefield, John,; J. G., Gent.	1660 (1660)	Wing G2027; Thomason E1766_1; ESTC R10030	85,759	226

Virgin Justice had her residence in the mind of man dictating unto him Laws and Precepts whereby he led an upright life without exercising any fraud deceit or collusion But as soon as men tired with the strict discipline of justice began to covet their neighbours goods offer injuries and neglect the restauration of what they had taken no upon credit immediately hate dissimulation enmity and war sprung up and gave way to the invention of martial weapons as well offensive as defensive and that in so furious a manner as might force Justice nay compel Jupiter himself to give place thus as sweet-tongued Ovid sings Terras Astraea reliquit She made her self wings and flew to heaven for sanctuary whereever since she hath taken up her habitation And hence it is that we have recourse to heaven in our dayly Orizons for justice Homer used to term Kings inspired with the wisdome of good Government Sons of Jupiter and we style them Gods Vicegerents And since reason cannot prevail with us so far as thereby to lead a quiet peaceable and just life we must have recourse to justice who by her Laws admonisheth corrects and honours us preparing rewards for good and storing up punishments for evill actions This justice according to Ulpianus is a constant desire or fixed resolution to bestow upon every man that which of right belongs unto him Now the ordaining and enacting of Laws appertains to a Counsellor as the most discreet person and fit for that office And Plato teacheth that these things are to be observed in constituting Laws Acts or Ordinances The Legislator must enact them with a paternal love that may cause a reciprocation of filial duty not with a Lordly tyrannical intent yet framing them to the terror of malefactors who neither regard Law nor reason according to that known Hexameter Sic volo sic jubeo stat pro ratione voluntas My will is the only Law that I own or acknowledge Besides he must be sure that his Laws contain no more prescription of commands than discipline of manners that the severity of the one may be mitigated by the gentleness of the other And the intent and end of all Law is that men may be felicitated thereby as far as comes within the compass of humanity and that offenders may receive a punishment sutable to their crimes of necessity and not on set purpose which moved Justinian to make a triple division of legal precepts To live honestly prejudice no man and give to every one his due He therefore that doth abandon the Law and follows the dictates of his own corrupt will contemning the Statutes of a Kingdom is guilty of a notorious crime as well as he that denies God Nature or Reason Heraclitus that stream'd away his time in tears was wont to say That all men were as deeply engaged to defend their Laws as the walls of their City and his reason was because that a wall-less City might be preserved but a Lawless one could never by all the strength of humane invention For by Laws they expel idleness the mother of Vice which renders the mind effeminate and makes it grow wanton Cato said as truly as pithily Nihil agendo male agere didicerunt By doing nothing the people learn'd to do ill Diodorus mentions a certain Law that was among the Aegyptians whereby every Subject was compelled to give in his name to the Magistrates withall declaring what kind of life he most affected how he lived and what Art he exercised And if he were found to give a false account of his life he was put to death Draco seeing the Citizens wasteful made a Law that he that was found idle should be executed which being too severe and rigid Solon did qualifie punishing that offence with infamy only By the imperial Law it is provided that idle sloathful and thriftless Subjects be either whipt to death or enslaved In every Kingdom there are certain exercises both for peace and war Some are bred up Clergy-men Counsellors and Judges others Captains Commanders and Souldiers that so the Kingdom may be furnished with Subjects in Peace or War and by their actions the Country may be defended from the invading enemy and her Territories or skirts enlarged Nor must Laws be often altered for as soon as the people perceive any mutation their minds being prone to innovation they presently desire all the rest be changed and subverted though sometimes necessity requires that they be corrected or reformed The least mutation in a Kingdom is of dangerous consequence breeding a contempt of Laws and sedition also Wherefore the Locrenses had a Law that if any man did invent a new Law he should propose it to the people in publike with a halter about his neck to the end that if it were judged pernicious or unprofitable he should be forthwith hang'd as an Author of evill And it doth very much concern Princes and Counsellors to walk according to those Laws they ordain for it is odious to be Legislator Legis violator a Law-maker and a Law-breaker for there is nothing that Subjects so much look upon as the lives of their Superiors Regis ad exemplum totus componitor orbis All Nations all the World over follow the example of a King which if he steer his actions according to Justice finds Subjects obedient and loyal who will keep close to their allegeance Seleucus made a Law that whosoever was taken in adultery should be deprived of both his eyes Afterwards his Son was found guilty of that Crime his Subjects went to mediate desiring him to sign his pardon but their suit prevailed no otherwise then that first he caused one of his Sons eyes to be put out and then one of his own that so the severity and reputation of Law might be observed and that the force thereof might be in more esteem than the authority of men The ends why Laws were ordained were two The one that men may understand Justice and have entertainment among them the other that it may continue The first is the duty of the Law-maker who frameth the people in the mould of Vertue And the second is the Office of the Judge who is to suppress the exorbitancies of offenders and preserve the rights and priviledges of his Country Now it often falls out that dubious businesses and those matters of concernment too are brought before a Judge expecting his determination Wherefore he must reduce that to equality which he thinketh unequal not unlike a line cut into unequal parts and that part which is found too long is cut shorter and so added to the other So doth the Judge who is the Living Law and Oracle of the Kingdom Nor must he pass a sentence upon any matter or decide any cause before he hath heard both Plaintiff and Defendant and examined all their Witnesses For as Seneca hath it most excellently Qui statuit aliquid parte inaudita altera Aequum licet statuerit haud aequus fuerit He must

THE Sage Senator DELINEATED OR A DISCOURSE OF The Qualifications Endowments Parts external and internal Office Duty and Dignity OF A PERFECT POLITICIAN WITH A Discourse of KINGDOMS Republiques States-Popular As Also Of KINGS and PRINCES To which is annexed The New Models of Modern Policy By J. G. Gent. London Printed by Ja Cottrel for Sa●… Speed at the signe of the Printing-Press in St. Paul's Church-yard 1660. To the Reader THere are few or none I presume even among the Vulgar but understand that Republique or Kingdom to be most happy that lives most peaceably Yet what doth most conduce to the Welfare and Felicity of King and People hath been long debated by the Ancient as well as Modern Philosophers and Politicians Some are of opinion that good Laws work and frame the people to a civil life others think it lies in the power of good Education some imagine that it proceeds from the Influence and Operation of the Stars upon sublunary Bodies and others from the Endeavors and Examples of good Kings To the last we subscribe for the peace and tranquillity of a Nation proceeds primarily from the splendor of Princely ●●●…rtues which are so glorious and attractive that they do not onely incite the Subject to gaze on them but with an extasied admiration to adore and affect them so that they are stimulated to an imitation as far as in them lies and when Prince and People mutually labour in the pursuit of Vertue pro viribus as we say according to the utmost extent of their ability how can there chuse but be a result of Unanimity Peace and Concord To perfect this 't is requisite that a Senate be elected which is a certain number of grave wise discreet Persons that may help their Soveraign to pull in or slacken the reins of Government according as 't is judg'd convenient by the Nobility of whose Persons and the Prudence of whose Consultations married to the Judgement of the King the quiet and glory of the People is infinitely promoted and preserved To which intent and purpose we have here deciphered A SAGE SENATOR with all qualifications tending to his Perfection his Office Duty Honour Preferment and Repute among the Ancients as well as those of latter Ages first asserting and then proving their necessity and the benefit that accrews to a Kingdom or Republike from their grave and serious Debates in Counsel and their industrious management of political Affairs By such Union between King and Council Prince and People the whole Nation will undoubtedly flourish with a perpetual Verdure as if an immortal peace were entail'd upon them and their posterity for ever Laws will have their full force and efficacie as well for the punishment of Malefactors as the Reward of honourable deserving Persons Justice will run in its proper current and not be diverted to sinister and base ends by lucre or self-interest two Hammers that are able to knock a Kingdom in pieces Learning will be advanced and the Learned promoted according to their merit and desert without this no Kingdom can stand take away the Pen and the Pike will be unnecessary 'T was the Saying of a potent Monarch That He received more benefit from his dead then living Counsellours intimating thereby that his Library did afford him better Counsel then his Senate Learning and Senators like Hippocrates his Twins are inseparable they cannot dwell asunder especially in such a one as is here described And though I am sufficiently sensible that a discourse of those Qualities that are required in a Perfect Politician is not onely a work of great Importance but attended by a Troop of opposing Difficulties Yet I have endeavored to display the Ancient Government of the most famous Kingdoms Republiques and States Popular according to the Statutes Laws and Customs of the most potent as well as prudent Monarchs And my hope is though my imbecility can lay no claim to merit that my earnest desire to promote the publick good will plead my excuse and I am confident there is no person that is unprejudiced if commonly courteous but will accept of my humble Devoirs which is the very highth of the Authors Desires who at this present hath no more to say but bid thee Reader Farewel J. G. The Table The First BOOK Chap. 1. OF Senators in General their Original and Necessity pag. 1 Chap. 2. Of the diversity of Man's nature in general and of the Parentage and Education of a Senator in particular p. 13 Chap. 3. The knowledge of Arts and Sciences required in Senators and particularly that of Philosophy p. 32 Chap. 4. Of Eloquence Clemency Piety and other Vertues necessary to the accomplishment of a Senator p. 47 Chap. 5. Of Justice and her concomitants which our Senator ought to be adorned with p. 78 Chap. 6. Of Fortitude and her Concomitants as Magnanimity Constancy Patience Confidence c. p. 113 Chap. 7. Of Travel the Age Gravity and Election of our Senator pag. 136 The Second BOOK Chap. 1. OF Kings and their Prerogative pag. 157 Chap. 2. Of the division of Commonweals and Kingdoms pag. 170 Chap. 3. Wherein is contained the various Forms of the most renowned and famous Commonweals and Kingdoms in the World pag. 186 Chap. 4. The New-fangled Model of Modern Policy being of three sorts a Protectordom a Committeedom and a Rumpdom and first of the Protectordom pag. 198 Chap. 5. Of a Committeedom pag. 206 Chap. 6. Of a Rumpdom pag. 211 THE Sage Senator BOOK I. CHAP. I. Of Senators in General their Original and Necessity HE that sweateth in the pursuit of those studies that conduce to private recreation as well as publike emolument personates and represents a grave wise man and merits the general applause of all persons For Omne tulit punctum qui miscuit util● dulci And if I may be a competent Judge there is no Science accompanied with more delight to the Student or benefit to the Commonwealth into which he is incorporated than that of Government wherefore being sufficiently convinced that all the transactions of a well-regulated State are managed by solid reason mature deliberation and sound judgement not by wavering opinion uncertain fate or fantastique fortune I have made the original of Senators their duty dignity internal and external qualifications the Theme on which I intend to expatiate in general in this first Book But more particularly in this Chapter of the original cause of their institution or creation For the performance of that task which I have voluntarily imposed upon my self I have dived into the depth of civil knowledge and pried into the Arcana of Philosophy collecting whatsoever hath been related penned or experimentally known heretofore either by Academick Learning Parliaments in Commonweals Policy in Government or History But to begin Man the perfection of the Creation was not made a Citizen or Inhabitant of this World only but Lord Paramount over all Creatures that have a being within the compass of the terrestrial

of State-affairs Besides Policy must be one of his chief studies and he must be expert in understanding the transactions of Noblemen the humors dispositions and temper of all mens spirits the Order and Government of Commonweals and civill Societies it is also necessary that he be perfect in all Ordinances Acts and Laws either for Peace War Provisions the quality of the Subject the administration of the State or the nature of men as also to understand what exalts and what abaseth the mind what Vertue is what Discipline and Education is most convenient for youth what Customs must be ratified or made firm what duty we owe to God and what reverence to Religion and Allegiance to our Soveraign in all which we have a Monck among us of late though none that ever entred into Canonical Orders who will sufficiently instruct us Nor must he be ignorant in Leagues Contracts and Alliances with Forraign Princes and Potentates Since such proceedings are dayly found in Kings Courts Well therefore did Antonius describe a Senator or Counsellor in these words He is one that ought to understand by what means the Kingdom or Republick receives benefit and when occasion offers to put them in practice And such were in Rome the Lentuli Gracchi Metelli Scipiones and Lelii Now he that is well practised in the Law hath experience in War or skill in oeconomicks or domestick Authority deserves to be promoted to the dignity of a Counsellor Eloquence is also a great ornament to our Senator but of that and some other qualifications more at large in the ensuing Chapter CHAP. IV. Of Eloquence Clemency Piety and other Vertues necessary to the accomplishment of a Senator THese most noble Sciences and Arts will be infinitely adorned in our Senator by the addition of Eloquence which is the true ornament of wisdom For without this accomplishment all things else are as it were dead till they do flourish by the help of Rhetorick And an eloquent terse and curiously-penn'd Oration doth not only commend the Author but the private and publike benefit is oftentimes promoted thereby It is this that appeaseth with her neat-spun blandishments the fury of our enraged enemies Now whatsoever he pronounceth it must be done gravely advisedly eloquently readily and with comely gesture for this according to the Poet Emollit animos temperat iras The supple oyl of an insinuating Oration will heal the wounds of a mutinous Rabble and reduce them to their former obedience Next unto Eloquence the knowledge and insight in the Law is required the end whereof tends to the conservation of Equity And indeed who can with greater wisdom decide a cause or controversie Who can better appease sedition the poyson of a Kingdom or more rationally defend the Laws Customs Rights and Priviledges of the People than he that is skill'd in the Law Well then may we say as it hath been affirmed heretofore That the Habitation of a learned Lawyer is the Oracle of the City Now the Law in all Kingdoms is bound to tye every man to his duty and to defend them so long as they continue vertuous and faithful But it is not sufficient only to enact Laws neither that punish or recompence men according to demerits but to compose Laws Customs and Exercises as the Lacedemonians did wherein the People may take delight besides such judgement must be used in the prescribing of Laws that therein all occasion of offences may be removed For as the Physician by his medicines heals the maladies of the body so the Counsellor ought by good and wholsome Laws to cure the distempers of the mind Yet they are not to be approved of who perceiving an inconveniency growing immediately fall to execution without considering how the same mischievous design may be utterly extirpated For it is more consonant to reason for a Senator to endeavour the reducing men to justice and honesty than to study how to execute them for every offence committed What man can be so inhumane that would not rather remove the cause and then assuredly the effect would cease Who would not rather provide corn for the poor than through the want thereof force them to turn Robbers and send them to execution for it And who is there that seeing the Kingdom overspread with debauchery and the peodle addicted to licentiousness would not endeavour to correct and reform these enormities by pecuniary mulcts sooner than by penal Laws Therefore as Cicero saith if thou wilt remove Covetousness take away her Mother Execess Wherefore he must have all the commodities and discommodities of his Country before his eyes and then he may be so expert in State-Chirurgery as to heal the sores and wounds wherewith the body politick is oftentimes troubled Yet we desire not that our Senator should be a pleader at the Bar Proctor or Advocate because that most of that Tribe Charity forbids me to say all being mercenary are many times the ministers of falshood and injustice bearing about them minds and tongues principled against justice and truth Indeed it is a difficult piece of business for him to be a Lover of equity and truth whose tongue hath been accustomed to walk for lucre Not but that many famous Counsellors have been found among those gowned Gentlemen but all men are incident to failings of what profession or function soever nor is this to be imputed to them alone there are others that shake hands with them But enough of that Civill Discipline falls next under our consideration whereby he is instructed how to lead his life discreetly and to govern his Country with gravity and justice Now he was termed a civill man among Philosophers who by vertue and wisdom was enabled to command civilly and he oftentimes had the authority of making Laws and governing of Subjects Plato in his Commonwealth hath framed two sorts of Discipline the one relating to the exercises of the body and the other of the mind the discipline of the mind he called Musica and that of the body Gymnastica Now by the harmony of Musick he understands a certain concord or consent of mind wherein all actions do amiably agree with vertue and vertue with them which Copula Law and Philosophy make up in Man for hereby we are capable of judging what is honest and what dishonest what just and what unjust what is to be loved and what to be loathed and besides what duty we owe to our Parents Princes and Magistrates By Gymnastica he means the exercises of the body whereby the vigour and strength of man is much helped and encreased This consists in leaping running wrestling hunting riding darting swimming to be both right and left-handed in brief all military exercises and honest recreations are contained in this word Gymnastica It is very necessary and requisite in all sorts of men much more then in our Senator to conjoyn the exercises of the body with the vertues of the mind and to mix Fortitude with Temperance For as by the one

were tye a knot and thereby lengthen our name and family Socrates defineth this natural Justice thus It is the Science of good and evill according to nature which that man that exercises deserves the term of a good man and if he communicate it to others the title of a good Citizen because then he is not only beneficial to himself but to others also They that Nature hath been so prodigal unto as to bestow singular gifts and incomparable endowments on ought to transcen●… all others in this natural Justice as much as they do in their natural parts otherwise they will have but a mean repute if any at all in the world The next is Justice divine whereby we are obliged and bound to acknowledge love honour reverence adore and worship God And it hath pleased Nature to implant this knowledge in man as if thereby she would intimate unto us that all other creatures do only feed and pamper their bodies whenas Man should aime at a more noble marke viz. the Deity Nor is there any people upon earth but adore some God or other and hold it a duty incumbent upon every one of them so to do Now all the substance and force of this Justice is contained in Religion which is the worship of God But being that is a different subject from what we intend to expatiate on we shall leave the prosecution thereof to the Clergy Humane Justice which is also termed sometimes civil is of an obscure and hidden nature for although it receive its being from Justice natural and therefore the precepts and use thereof carry little or no seeming difficulty along with them yet is it not truly conceived unless it be by such who are either endued with a kind of divine nature or have been employed in all sorts of vertue For this Vertue requireth a Learned Wise man who reasonably constantly and voluntarily practiseth it And such our Senator should be All civil Justice consists partly in the preservation of humane society and is partly exercised in a Court of Judicature This Vertue approveth of no unlawful cruel or barbarous action but embraceth honesty tranquillity and peace endeavouring to keep men from sedition malice and enmity not coveting aliena bona but unicuique suum tribuens gives every one their due By this Vertue our Counsellor becomes a defender of the common people the Protector of the innocent and Orphans and a debaser of the proud and haught a Lover of those that are good a friend to truth and an enemy to vice and consequently to vicious persons The foundation of this Vertue is fidelity which Cicero defines to be a constant and true performer of promise A just Senator therefore affirms the truth sticks close to his promise standeth to compacts restoreth what he borrows and is not compelled to be faithfull by Law testimony or oath but by his own free will and conscience labouring to keep under injustice and to see that the weaker sort be not over-powred by the stronger that might over-come not right Valiant men in his judgement deserve to be crowned with reward and idle puny-spirited subjects the lash of punishment and by these two punishment and preferment the benefit of a Commonwealth is infinitely promoted In the distribution of offices he is directed by the rule of uprightness and equity hating to be greaz'd in the fist with bribery reputing those worthy of most ample honour who can lay claim to the greatest merit Which is a thing to be very much insisted on in a Kingdom or Republick because Honos virtutes praemium Honour is the reward of vertue and as due to a deserving person as wages to an hired servant which was the reason that wrought the Antients to erect stately Images triumphal Arches and publike sepulchres open commendation and the like were conferred on men of service and desert Now they that are nobly educated vertuously enclined grave and ancient deserve honour and reverence and that either by bowing the head or body in giving them place And as goods are of three sorts viz. goods of the mind goods of the body and goods of Fortune so they are all in conferring of honour to be respected Therefore those of the mind assume the first place those of the body the next and those of Fortune the last as the meanest in value and worth though now adaies of most esteem in the eye of the World All these things our Senator must be skill'd in and in the distribution of offices and conferring of honours he must observe equality the balance of Justice wherewith every mans manners vertues and actions are poized and examined In which he must be very circumspect and unbyassed lest he prove partial leaning to one side more than another and so come off with the term of an unequal Judge For he that bestows honour and accumulates favours upon the undeserving doth a manifest injury to those that can plead desert and so by consequence is an unjust Judge Wherefore Philosophers give us a definition of this justice as followeth It is an habit of the mind destined to common utility giving honour to every person that may be judged worthy of it And among those vertues that plead for an interest in humane society equality is neither the last nor the least she exercising the office of a Handmaid or Lady of honour to that Queen of Vertues Justice Nor doth she remove a hairs-breadth from her but sticks close to her principles and precepts Now this equality in just pondering and weighing things and persons useth a double manner of proceeding the one ordinary and the other common one judging by number weight and measure the other more difficile and secret that is weighing every thing by reason and judgement Which knowledge is only attained by wise men and those that are exercised in great affairs and matters of importance and weight and the other by those that are chiefly employed in barrating buying and selling Let our Senator be skill'd in that knowledge that proceeds from reason and judgement that he may thereby understand how to distribute offices confer honours bestow gifts what is due to every person just good and indifferent in all things persons and places This equality is an excellent qualification and of eminent use and service in a Kingdom And where Counsellors are ignorant therein we find but raw and weak consultation and all things managed at randome without any thing of certainty to the disturbance of publike society Another kind of justice there is which is commonly called justice forraign not much unlike this before mentioned chiefly conversant about judgement whose foundation is the Law and whose prop or support is the judgement of wise solid discreet Senators Before such time as is already mentioned that written Laws were found out each man was his own Legislator and prescribed his own peculiar Laws not diving into the books of Law-makers or Doctors for precepts or instructions For then that pure and immaculate

Besides Clemency in a Governour creates a kind of bashfulness or fear of offending in any person Yet Clemency must be so used as that severity if need be must not be altogether neglected for no Country can be well governed without it by reason of the different dispositions of men for a harsh word strikes deeper with some than a shrewd punishment with others Over-much clemency was an imperfection that the Stoicks would have all wise men to want alledging that it was an argument of an ignoble mind condescending and subscribing to the guilt of other mens crimes and offences and therefore such men may be assimilated to fond foolish women that would have Malefactors freed from the lash and rigour of the Law because Crocodile-like after the commission of an hainous offence they can drop a deceitful tear Next Liberality Among some of those Vertues that were constellated in Scipio Africanus this is not the least that before his return from any place he obliged some person or other to him by his liberality The Son of Titus Vespatianus was wont to say That that day wherein he had not bestowed some benefit was utterly lost Now in giving these two things are observable to forget the benefits we bestow and remember perfectly what we have received for ingratitude is a black crime Ingratum dixeris omnia dixeris Name but Ingratitude and you epitomize all crimes in a word Magnificence is the next concomitant of Justice which Vertue consisteth in large expences and great gifts differing from Liberality in this only that the one is employed in small and mean the other in large gifts Now it is observable that Magnificent men usually erect Churches build Cities Towns and Villages and employ themselves about such things as may either redound to the glory of the Creator or else augment the fame of the Author And though Parcimony be judged a noble revenue yet must not our Senator be so penurious as altogether to forget liberality or Magnificence and so degenerate into Covetousness which is a malady incurable which as Salust hath it doth effeminate both body and mind Delighting it self in two things giving nothing and receiving much and yet excess must be avoided so that the middle way is best The advice of Apollo to his unsatisfied Son Phaeton is very good Medio tutissimus ibis Therefore that no man might exceed a becoming moderation in expences it was provided by a Law at Rome that no Senator should be indebted above a certain sum of money prescribed Which order was taken to remove excess and superfluity in expences P. Rufinus was deposed by the Censors for having 10 l. weight in Silver And Aemilius Lepidus having spent 6000 l. in building a house was devested of his Senatorship So strict were the ancient Romans lest the Senators excess should move the Plebeians to the same superfluity Yet we allow a Senator far more liberty than so for our Laws do not so narrowly confine them Next Friendship which is absolutely necessary for since man is a civil person and a lover of society he cannot be destitute of other mens conversation from hence as from a source or foundation all amity marriage or consanguinity doth flow And he that endeavours to deprive a Kingdom of united friendship doth in a manner snatch the Sun out of the firmament Friendship is of an uniting or congregating quality for as cold congeals a multitude of waters into one cake of Ice so Friendship makes of many one which is by Laelius defined to be a perfect consent of things divine and humane in all love charity and affection Yet are we not to entertain any person at the first sight prima facie as we say as a friend we must first according to our Proverb eat a bushel of salt with them that so we may dive into their disposition and know what metal they are made of It is the opinion of the Philosophical Tribe that that amity is most sure and best grounded that is nourished by similitude of temper for where mans delight is one and the same his affection cannot be divers Such friends were Achilles and Patroclus Orestes and Pilades Damon and Pythias with many more that might be mentioned The friendship of the two last was so great that Dionysius did earnestly desire to make a third person that so there might be a Trinity of friends linked together with the ligament of love Few friends are best and the reason is because perfect friendship is inconsistent with multiplicity of persons and indeed they that delight to associate themselves with many are not accounted friends but sociable for it is one thing to be a lover of conversation and courteous in the entertainment of all persons and another thing to be a friend to one whom we make a constant companion one who is the Manuscript wherein we write all our secrets Epaminondas was heard to use this expression frequently That a man should not leave the Court till he made an addition to the number of his old friends by gaining of a new one but this observation tends more to the obtaining of the common good will of men than perfect friendship Now true friendship requires three things First Vertue from which we must never swerve Next Pleasure which proceeds from familiarity and sweet conversation stealing away the tediousness of melancholy hours For amici fures temporis And lastly Profit whereby one real friend may accommodate another with necessaries when stimulated by that Tyrant necessity Though it be the custome of the World to fawn upon a person that abounds with the affluence of all terrene comforts and hath high and mountain'd fortunes but when he is at a low ebb then they usually forsake him with a Benedicite or God help you Nor can you try a real friend better than in the kick of malignant chance Then if he deserves that name he will stick close to you if not scoff at your meanness Well might the Satyrist say Nil habet infelix paupertas durius in se Quam quod ridiculos homines facit As if the Poor man were but fortunes Dwarf saith one excellently made lower than the rest of men to be laugh'd at Yet if any thing that is unjust be requested by one friend of another it is his duty to disswade rather than encourage him Pericles being desired by a friend to assist him by bearing false witness replied like a Christian more than a Pagan Tuus sum usque ad aras I am yours to do you any courtesie that comes within the limits of my power as far as Religion gives me leave intimating thereby that he would aid his friend so far as justice equity or divinity would permit and no farther Now by the concatenation of amity and co-union of Senators the Kingdom is as it were linked together and so strengthned Whenas who can expect concord or mutual love between Subjects when Magistrates are disagreeing and at variance Aristides and Themistocles were enemies

unto it in the breast creating it a companion and helper to the head which Plato calls Vim irascendi or affectuum sedem The third resembling a rude multitude witless froward and full of sensual desires harbours beneath the heart far remote from the other In these parts of the soul as in a Mirrour or Looking-glass we may spy out three sorts of Commonweals The highest supplies the place of King as destined and appointed to exercise authority over all The second though in place inferiour yet in quality is of no less regard being well obeyed for where Reason swaies without the aid and assistance of the affections all actions are weak and impotent Just so a Senate wanting the assistance of Reason which deports her self partly as Captain partly as a Souldier in all actions and consultations becomes timorous and effeminate Aristotle hath therefore made a division of the power of Reason making one part absolute and standing upon its own Guard and the other as it were depending and subservient like a Son that obeyeth the Father Which Titus Livius hath significantly expressed in setting forth the errour of Minutius in his unadvised fight against Hannibal which Fabius reprehends in these or the like words Souldiers saith he I have often heard that he that of himself can rightly judge deserves the greatest commendation next unto him are they that know how to subscribe to the good advice of others But he that can neither counsel nor follow the counsel of others is but an inch on this side a Natural and of a very shallow capacity The third part of man's mind resembles a Popular Government wherein the multitude hath authority to hear all causes and determine or decide all controversies though many contests arise from hence to the prejudice both of the Country and Inhabitants Aristotle writes also that the Image or representation of Republicks may be found out in private families for the authority of the Father over his Children may be compared to Principality because Children are the Parents charge he alone must provide for them all and their faults are chastised rather than severely punished by him so ought a good King to demean himself toward his good Subjects Therefore Jupiter the God of Gods and Men is by Homer styled Father The Husbands authority over the Wife may be compared to Optimacie for the Husband ought to rule his Wife according to Justice and command nothing but what may endure the test of the Laws of God and man The State Popular is assimilated to brotherly Society for they ought to live in equality differing only in the degrees of Age And as the Father that useth rigour and cruelty towards his Children is judged a Tyrant and no Father so that King that by the oppression of the Subject endeavours to encrease his private interest contemning all Laws and living dishonourably puts off his Kingship and is called Tyrant A Husband and Wife living in discord either through negligence or obstinacy rejecting the care of their Children and domestick affairs do thereby abuse their authority and become unworthy the name of natural Parents so Optimacie abused deserves not that title In like manner Brethren disagreeing neglecting their mutual profit addicting themselves to sloath and lasciviousness are not to be accounted Brethren no more is a Popular State so to be esteemed if of such a temper Thus it is apparent that through the default and inconsiderateness of Superiors true Commonweals are converted into false and contrary Governments Policy which by the Graecians is called {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} and by Plato and Aristotle Respublica popularis may be referred to all sorts of Republicks because that word is universal and includes all civil Government Plato adds another kind of Government that is a King subject to his Laws making Monarchy of two sorts and consequently two Kings the one bound and confined the other free and not restrained to any Law this is his opinion of Monarchy though not ours But now let us discourse of the best sort of Republicks though it be a very hard task to the accomplishment of which intended work it is requisite that a man understand the best kind and order of life for otherwise a perfect Commonwealth cannot be conceived but what sort of life merits the reputation of the best as yet latet in obscuro among the major part of Philosophers The Epicures Stoicks and Peripateticks are of different opinions concerning this subject and have divided the world by the variety of their Sects and whimsies But our intent is to concur with the Peripateticks because their Schools have been the greatest Nurseries of good Governours The Stoicks that did ever wed themselves to an austere life ground their felicity upon Vertue only which we disapprove not so that they consent that external goods which both Nature and Fortune have made for the use of man to the end he may thereby be the better accommodated be joyned thereunto as necessary additaments otherwise he cannot be perfect and seeing that man's felicity is numbred among things that are perfect and that thing is only perfect that wants nothing surely whosoever desires to be happy must necessarily be fully furnished so that his felicity may be absolute and no way deficient Riches are very necessary the liberal person stands in need of money to perform the actions of Liberality and the just man must therewith reward and make satisfaction The Warriour wants it for according to the Poet {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Argentis pugna telis ac omnia vinces Now the Epicure he placeth his summum bonum in sensual delights and pleasures which is more becoming a beast than a man Whereas Aristotle makes a joynt agreement of Vertue and other additional ornaments or external helps most necessary for a well-regulated person Philosophers affirm that there are three sorts of life The first consisteth in Action The second in Contemplation And the third in Pleasure That which resteth in Action if not accompanied with wisdom and vertue proveth unprofitable and is subject to many vices and imperfections That which is employed in Contemplation not being accompanied with Action is vain and ineffectual For as he that boldly looks upon the Sun when in the Meridian of his lustre is made blind with his vehement heat and tralucent splendor so the mind of man continually occupied with the speculation of sublime mysteries becomes stupid heavy and languishing He therefore that desires the name of vertuous must lead a civil as well as a philosophical an active as well as a contemplative life the mixture of which two makes man happy and fortunate But he that delights only in sensuality absolutely forgetting that he was ever qualified with the gift of reason may be said to represent man as to his outward complexion or blush but he wants the true and proper nature of man Hence ariseth the diversity of mankind for some are born free noble wise