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
FOVRE BOOKES of Offices ENABLING PRIVAT persons for the speciall seruice of all good Princes and Policies Made and deuised by BARNABE BARNES LONDON Printed at the charges of George Bishop T. Adams and C. Burbie 1606. TO THE MOST HIGH AND MIGHTIE LORD IAMES by the grace of God King of great Britaine France and Ireland Defender of the Faith c. And in him Barnabe Barnes the most humble and loyall Subiect of his Maiestie wisheth the very perfection of all spirituall and temporall felicitie Blessed Soueraigne A Iust King which like a single eye fixt in the righteous scepter of God and by diuine ordination sent as a bright Angell of his worship to gouerne amongst the children of men is hyeroglyphically represented by figure of the sun For as a vertue which vertueth other inferiour Starres it holdeth the golden bridles of the day whose seate is therefore by preheminence esteemed most noble because as a iust Iudge placed in the middest it equaly distributeth light to those other Planets giuing grace to Saturnes grauitie might to Iupiters maiestie fortitude to the force of Mars beneuolence to the beautie of Venus pith to the persuasion of Mercurie with constancie to the Moones mutabilitie by the royall gouernment of his equall power and diuine sapience which moderateth all vnstayed perturbations of his people as the Moone doth by noble influence from it restraine all turbulent and outragious billowes of the violent seas being through domination of this seuenth sphere so metaphysically kept within their bounds that they cannot transgresse nor vsurpe vpon earth The Sunnes Chariot also representing the iudgement seate of imperiall authoritie drawne by foure horses figuring the foure columnes of royall maiestie deciphered in these insuing offices leadeth him through the Zodiak of the twelue Morall vertues in and through which hee raigneth and gouerneth vpon earth in comfort peace and plentie blessing the foure mightiest Princes of this world with the light of his countenance as in ministring fire to Vulcanus ◅to Pallas the gray morning and balmy verdure of Ayre which repurifieth her vnderstanding with knowledge to the great towering Goddesse Ops that motherly fruitfulnesse which crowneth Ceres Bacchus Minerua Pales with corne wine oyle and milke lastly to Neptune and Thetis that infinite seed ingendred and multiplied of them in the waters so that those foresaid Elements out of whose vertues all creatures liuing vegetant are by diuine ordinance composed receiue life and influence from the Sunne This kingly Planet likewise holdeth dominion ouer the torments of hell which should seem to be made out of the excesse and poison of those foure Elements as is euident by those angels which fell from the three hierarchies for their sins in pride disobedience sloath wrath enuie lecherie and gluttonie for by the diuine musicke of Orpheus these furies and torments were appeased so that hee brought thence his wife Eur◅dice For Phoebus is by the philosophicall Poets mythologically called the God and Patron of Musicke Prophecies and Chirurgerie which was to life expressed by that holy King Dauid who being both a blessed Prophet and diuine in lyricall musicke had by force of his melodie charmed that euill spirite wherewith King Saul was possessed Onely the chyrurgeries wherein true Princes are principally skilled appeare in the sac◅ed notice and cure of those inward diseases and griefes that infect and macerate their flockes which they like good and fatherly Shepheardes should heale with good Lawes and Discipline And yet your Grace hath that oyle of grace and comfort powred vpon you more then your fellow-princes to cure all mischieuous and infistulated impostumes which GOD smiteth vpon the iawes of his people to make your glories the more in healing and his glories infinite by those blessings bestowed vpon your annointed hands which diseases are otherwise remedilesse being a diuine gift from aboue to that holy King Edward your Maiesties antecessor and after him to the rest of his sanctified seed by sacred direction legacied as hath formerly beene to the Kings of France also Wherefore your Highnesse being Vnctus in regem sacerdotem cum vnguento laetitiae super omnes terrae reges socios tuos fitly resemble this bright Planet in his cleerest Maiestie euen as that most sacred Psalmist King Dauid also both for your Poeticall faculties as in respect of your diuine Priest-hood and chirurgerie hauing by good experience more then any man liuing euer did tasted of the wonderfull wisedome and loue of God who by such strange wayes surpassing humane reason hath wrought out your Graces fortune in the weale of vs your louing and loyall subiects farre beyond all the wily machinations plots and imaginations of men which haue as your Royaltie well knoweth beene manifoldly frustrated that it might bee performed which God had ordained and promised by the mouthes of diuers soothsaying Augers to perfect and establish in your seede the true tryumphant and vniuersall Christian Monarchie Howbeit as no man liuing can haue a sweeter taste or cleerer declaration of Gods vnspeakable power beyond all the soundest counsels resolutions of our mortal Princes then your Grace hath had in all actions considering the strange meanes that hath been wrought by God through the plots of men destined to other purposes to make your name glorious and that your royall seede might inherite this Empire so neede wee not doubt but that like a good Physition your Maiestie as it hath already graciously begun the cure of some small diseases in this kingdome which God onely left vnto your gacious wisedome that the whole body might be kept cleane and at ease shall auspiciously continue the same to be the same vnder the golden rodde of your right royall posteritie foreuer by strong purgation and correction of the proud chollerick and melancholick humors thereof which is the true methode of a kingly Phisition and shall doubtlesly bring the head and whole bodie to perfect peace and health Against the Sunne vpon which no reasonable creature can stedfastly fixe his mortall eyes least they be dazeled infeebled or blinded with the pretious cleeretie thereof being another type of sacred Maiestie that imperiall bird soueraigning ouer the swift fethered creatures of the ayre by nature opposeth his sight as Orus Apollo writeth in his hieroglyphiks how the Sages of Aegypt and Chaldaean Priests whē they would signifie diuine power humane Empire preheminence blood or victorie did pourtraict an Eagle What miracles he findeth through his stedfast sharpe and penetrating inspection within that sanctified Orbe of bright vertue may be referred to those misticall naturallists which in the Metaphysicall cardes of their reason haue obscurely shadowed those things that by mythologies are out of many curious heades from farre shot at by some neere hit and by very few truely touched Caius Iul. Caesar to whom this Land with others contributed gaue in his ensigne of golde a blacke Eagle perpendicularly mounting which Plinie noteth in the nature of that bird For it is written that ouer
in princes which walloweth not in excesse a course euery way pernicious to the soueraigne and subiect first occasioning a priuate pouertie to the prince to the subiect then in grieuous and insupportable supplies for maintenance of that iolitie forcing them to disobedience and himselfe to shame and rapacitie And I am verely persuaded that all prodigall persons are of a fierce and turbulent spirit during that humorous tempest readier when want approcheth vpon their imprudence by most wicked meanes to maintaine that riot than to fall vnto some honest and meane course of quiet liuing as many times when I consider hath appeared to me liuely by good example which also consenteth with that saying of Salust Annius ferox praua via ingressus vbi consueta non suppetunt fertur accensus in socios modò modò in ciues mouet composita res nouas veteribus acquirit c. Such a course therefore sometimes will vndoe both the prince and subiect being a very daungerous kind of liberalitie What must he therefore doe to maintaine a good opinion of that vertue without perill First let him not fret in wardly though he be condēned of parsimonie so closely smothering auarice that he be not reputed couetous for admit that attribute be blacke stone yet is the subiect thereof bright gold for a prince cannot make safe vse of liberalitie neither hold his owne sure without danger But of these two difficult choices a wise prince will affect parsimonie for growing rich with sparing hee shall be magnified amongst forrainers which will therefore stand in feare of his puissance and at home with his owne people for that in sparing his treasure the subiects liuings are likewise spared which forbearance they willingly tearme an honest and vertuous liberalitie Such opinion did Titus Flaminius purchase amongst the Greekes which vpon the ouerthrow of king Philip of Macedon enfranchised all the cities of Greece from tributes by publicke proclamations in euery place Likewise Pertinax graunted vnto all that exercised tillage and husbandrie franke intermission from tenne yeares tribute Howbeit if princes haue laid a firme foundation how they may through high liberalitie multiplie dominion then will not they commonly spare at any cost yea people naturally breath and hunt after the fortunes of magnificent princes But hauing once firmely effected their purpose their purchase is by little and little as warily cherished Neither is the course of their gouernment in any iot impeached but magnified thereby To princes militant also profuse liberalitie much auaileth if they can with hostile spoyles encourage their souldiors taking examples by Cyrus Caesar Alexander for that both retaineth and augmenteth their reputation if the generall burthen bee not carried out of their owne cofers Let this onely be considered of prodigalitie That it is a great vessell bottomelesse a big chest locklesse a vaine profusion carelesse And if I should paint that strumpet to life I would place her in great and iolly pompe variably plumed marching betwixt a notable foole and a singular braggart seruing for two villanous weake supporters and seconded at an ynch also by two forlorneslaues one of them a miserable begger and the other an vnpittied penetentiarie Me seemeth it a fit comparison betwixt the viper and princely prodigalitie for that infinit spawne which is bred of this serpent being composed of inordinat affections intemperat appetites base flatterers and of the most contageous off all and poison of all princes courts eate out the bowels of the parēt at the verie time of their birth which perisheth by them that were cherished by her These young viprous vices liuely represent ingratitude to which all of them be subiect that are fostered by prodigalitie These are those hounds which mythologically deuoured Actaeon when after the murtherous pleasures and concupiscence of his eyes and flesh he was transformed into a fearfull beast excellently shadowing that pusillanimitie which through excesse of sensualitie depriue him of a reasonable creatures shape and faculties leauing him a lamentable spoile to those deerest and most inward enemies his owne affections Yet for as much as I run here into some morall considerations me seemeth it should now be verie fitting to make some demonstration of those ethicall parts that are in Temperance by which the treasures of all wise princes and people ought to be restrained and gouerned Temperance therefore is a vertue which subiecteth pleasures to the yoke of reason limiting all things within moderation Cicero defineth it to be the constant and moderat domination of reason restraining vs from lusts and from other violent imperfections of the mind Plato with Aristotle consenteth that Temperance is most speciously seene in passing ouer and as it were fearefully but more painefully poasting away from all voluptuous appetites and therefore they tearme it Sophrosune being the conseruator of prudence signifying a moderation or frugalitie for if fleshly concupiscence or inordinate pleasure subiect the noble part of man then will they forceably banish all reason and moderation manacling and fettering him within the mazie wildernesse of secure sensualitie so that neither foot nor hand shall haue power to discharge their naturall functions in any due proportion but are sopped and steeped in the dregs of all riot and profusion which dragge along with them as I sayd before rapacitie shame and beggerie Wise princes and potentates therefore to whom God hath imparted treasures in abundance ought with all vehement intention to ponder how dangerous intoxicating a poyson this is because vnto them more than to others such momentanie furies misguisedly masking in the falsed habiliments of sweet comfort and contentment like enchauntresses oft and many times appeare For as much therefore as pleasures either proceed from a naturall instinct being corporall and common to all creatures hauing life or from some inwardly conceiued opinion of which some haue reference to good and honest purposes which are meerely directed by the rule of temperance others are extreamely bad besotted and nuzzled in brutish sence all wise and perfect princes will so moderate their owne appetites freeing them from all exorbitat and luxurious pleasures as may both encrease their honor health wealth and empire Howbeit Seneca writ That there be delights with which temperance dispenseth others also which she doth hate and banish considering therefore how nature is nourished and supplied with a little and that temperance by the direction of reason prescribeth a necessitie to nature that it may liue within a mediocritie these pleasures of excesse in diet ornaments and of all luxurious appetites are ascribed to the bodie Other delights as when a man is arrogant opinionatiue or infected with a vaine selfe dotage or when he libidinously prosecuteth his owne fantasies oppressing his pure reason with the foggie mists of licenciousnesse are well appropriated to the mind Cicero diuideth temperance into three parts first into Continence by which desire is restrained vnder the gouernment of counsell and which in all corporall diet ornament
or secretly tooke from others to supply the same which hath beene the demolition and confusion of many noble families and persons lately great in worldly reputation others in a priuate want purchased by their owne intollerable profusion haue perished in their pestilent practises tending to the common spoyle for satisfaction of their insatiable appetites Semper etenim in ciuitate quâ—…us opes nullae sunt bonis inuident malos extollunt vetera odere noua exoptant inopia suarum rerum mutari omnia student This profusion therefore next to the vice of gluttonous surfeit ought principally to bee restrained by wise and moderate princes and noblemen for it drayneth their treasure enfeebling that true heroicall spirit of their minds either adding to their pride vnto which people commonly that delight in such gay things are most subiect or mollifying and deprauing their liberall natures and conditions with lust and ouer-delicat effeminacie But thus much in breefe as I could expressing the adiuncts and members of Temperance and of her opposites subalternately respecting the purse now somewhat concerning the beneficence and liberalitie which befitteth potentates It is not thought fit that princes should precisely stand at vtterance with true liberalitie beeing of it selfe meerely vertuous but that they shunne a generall largesse or profusion rather which most Kings affect most in the beginning of their reignes considering that there are many whose seruices hauing long expected recompence which should bee seasoned and encouraged in their faithfulnesse and honesties with some secret taste of royall Munificence This consideration in some proceedeth out of a magnificent heart most liberally garnished with true vertues and in others from ambition and a vaineglorious desire of somewhat more than ordinarie cunningly couched in their owne heads Princes therefore shall so much or more bee warned and take heede of this excesse then of auarice after a sort least by such bestowing the force of beneficence be deminished according to Cicero Stultum est quod libentèr facias curare vt id diutiùs facere non possis For how can a man properly tearme that a benefite bestowed which is a meere malifice to the bestower and hence is that Prouerbe of Hunius fitted to this purpose Benefacta malelocata malefacta arbitror Yet if God haue so prouided that a Prince must surely fall into the choise of those two damnable extreames both which all Princes should hold detestable as snakes of the two mischiefes I would hee rather did encline to couetise for wealth giueth some shaddow to shame albeit our wise men and all Philosophers consent that it is dishonestie but after rapacitie which is engendered out of the putrifaction of prodigalitie ragged infamie doth attend with an almes basket Neither is it entended that princes should tie such a Gordian knot vpon their purse as nothing may without Alexanders resolution and necessitie loose the same but that they may with moderation and vpon good cause exceede rather in liberalitie which the seldomer vsed may be the richer when it happeneth and if it come often then so much the shorter and sweeter There is another fashion of Liberalitie peculiar to princes which may bee tearmed a beneficence and this braunch of vertue graffed is in the â—…ry top of iustice for in all Common-weales of the soundest institution there are alwayes some capitall crimes and forfeitures out of the which a wise prince in his iustice may by good discretion very commendably giue a pleasing tast of his liberalitie to persons vertuous and of desert according to their qualities that good men may liue by the fall of euill members and not that bad people may be made worse by the spoyles of honest men vnto whome the dignities and possessions of such as are worthely rooted out for their wickednesse may be collated By which kind of beneficence he greatly magnifieth himselfe First in beeing honoured for his iustice against offendours secondly by preferring persons noted for their worthinesse thirdly with his care had of the Commonwealth which hee ciuilizeth and secureth by the extirpation of such malefactors fourthly through giuing heart and courage to men of qualitie so to demeine themselues by profitable studies and vertuous liuing that they may stand in the like grace fifthly by taking away from the people all opinion of couetousnesse in himselfe when hee reserueth not any benefite to his priuate vse but is seene to doe it in iustice without any desire of hauing Lastly by not extenuating his proper faculties in such bestowing Thus shall others bee satisfied his owne power strengthened and his priuate treasure spared Which kind of beneficence king Henry the eight vsed when the Chaunteries and religious houses to the value of two hundred pounds yearely and vnder with all lands and goods belonging them were by Parliament graunted vnto him in the seuen and twentieth yeare of his raigne by bestowing those lands vpon the speciall gentlemen in euery Shire where they were dissolued more manifesting a good conscience than any couetousnesse in the cause And hence was it that the commotions in Lincolne Shire Yorke Shire and in other parts of this Realme vnder the colour of a dislike vpon a new size of Subsidie to be leuied were so quickly quieted by the gentlemen principall heads in those disturbed parts whose very countenance amated the seditious commons which once and againe stirred to disturbance and subuersion of the present quiet beeing as it was thought first kindled at the fire which M. Thomas Cromwell then Lord priuie Seale and Vicegerent generall of the Spiritualties brought with him to make desolate those houses and all other Abbeyes which were soone after dissolued For Treasures of princes noble men and priuate persons by their gifts to gaine a good opinion amongst good men of their true liberalitie these three cautions are required First a respect vnto the time secondly to the quantitie thirdly to the person when how much and vpon whome they will bestow the time limitted when it may stand them in most steed which bee rewarded not preiudicing others to maintaine the same according to the saying of Cicero Ab hoc genere largitionis vt alijs detur alijs auferatur aberunt ij qui rempub tuebuntur As in graunting of Monopolies to the pleasuring of some one man by the preiudicing of a multitude which is very dangerous as also when one rich marchant is suffered to ingrosse some one whole commoditie into his owne hands As it is written of a craftie Sycilian who with money that was none of his owne but lent vnto him as in trust to bee restored vpon demaund bought all the yron out of the yronmongers shops in Syracusae and when marchants had from diuers places repaired to that citie this Ingrosser furnished them with that commoditie not greatly raising the price thereof yet so that for the disbursement of fiftie talents hee gayned an hundred which was a double vse for a Talent Atticke amounted to sixe hundred crownes in so much as by
it was miserable and ruinous in short tiâ—…e Not much vnlike was that of king Philip Valoys called Le Beau who published an Edict That euerie third yeare inquisition should bee made into the manners state and behauiour of the secret Counsellors administrng in the French state In this forme of triall therefore great iudgement and good heed must bee had to those accusations so preferred which sometimes like pilles haue their bitternesse fairely gilt and shaddowed as hath beene manifoldly seene by good experience heretofore In which case the Prince imitateth S. Thomas not crediting further than his eyes and hands haue seene and felt For honours and Offices are either bestowed vpon men for desert for fauour or in respect of their power He which in this choice hath inspexion onely to the first sheweth wisedome and vertue but they that simply standvpon power and fauour differ little from the touch of tyrannie A fit Counsellor therefore a little after his election should haue adoption by the prince into that societie before his noble and immediate ministers of Iustice where to him must bee shewed that for his wisedome and honest parts and in regard of the peoples good opinion attesting his sufficiencie choice was made of him which good fame if he would cherish the glorie should in speciall redound vnto himselfe whereas otherwise the neglect thereof would disgrace and deiect him proposing rewards and punishments suting with his demeanour by which course the people will be well satisfied the Counsellor tied to care how this honour may be with answerable dutie retained and to knit vp the couenant his oath being as Cicero tearmeth it a religious affirmation must bee ministred vnto him in presence which will summon his conscience to warie circumspection and faithfulnesse in that Office arming him with honest constancie when partiall respect of blood or friendship shall chalenge him vpon vniust tearmes by which means he may take honourable exceptions against them And hence is it that Salust sayth How Counsellors should in their difficult consultations set apart all hatred friendship wrath and mercie Haud etenim facile vera prouidet animus vbi illa officiunt neque quisquam omnium libidini simùl vsui paruit For hardly can the mind foresee the truth where those offend neither did euer any man become subiect at once to his lust and commoditie And to make it the surer an oath is most auaileable with honest and ingenuous consciences and natures which Cicero likewise addeth to the charge of a magistrate Neque contra rempub neque contra iusiurandum ac fidem amici sui causa vir bonus faciet nec si Iudex quidem erit de ipso amico A good man will not enter into any action either against the Commonwealth or contrarie to his oath for any respect of friendship no though he were the Iudge in his friends cause For euery noble magistrat which respecteth honour will onely doe those things Quae salua fide facere possit Nullum etenim vinculum ad astringendam fidemiure inrando maiores arctius esse voluerunt For our Elders were of opinion that there could not bee deuised any firmer bond to retaine a mans faith than his solemne oath If Princes therefore will hold this course in planting Counsellors many very noble persons by birth will with vertuous studies furnish and enable themselues for those Offices and suppose they beeing licenciously nuzzled in delicate effeminacie corrupt their natures with pestilent sluggishnesse yet will other ingenuous spirits not so pampered and assotted with sensualities in their education naturally contend to become absolute and with some experience and practise prooue planets of happinesse to the Commonwealth where they minister In my iudgement that was a very strange and politicke prouision of former times in Fraunce which did so worke in the phantasticall spirits of those Noblemen For Vincentius Lupanus noteth That they did abhorre as a qualitie base barbarous and disgracefull that their gentlemen of the most liberall birth and nature should bee learned in the liberall Sciences and in Philosophie prouiding onely that their education should tend to good skill in horsemanship in hunting and in the practise of armes In which opinion it seemeth to mee that they were formerly confirmed and animated by the kings of that realme vpon very prudent respects howbeit I could neuer read it written in any booke neither haue I receiued it from the mouth of any mans opinion what cause might induce them to that kind of stupiditie But vnder pardon I deeme that they being of a fierie stirring and haughtie stomacke as the noble natures of that Nation hath beene many times by many wise obseruers noted and being rooted or implanted rather to the ciuile factions of diuerse Dukes and pettie princes through blood and alliance oppositely combined against some kings and others of those prouinces it hath beene a kind of foolish caball tending to the preseruation of that State and taught vnto them for the priuation of their rationall and intellectuall knowledge which otherwise through their sedicious complots and deuices such as haue alwayes beene plentifull amongst them they might haue coyned out of the noble mint of hystories and other politike discourses and therewithall endangered the publicke state For certaine it is that by the goodnesse of God and the naturall benefit of that climate vnder which they liue those noble men of Fraunce are docile ingenuous apprehensiue variable rash and for the most part fitter for alteration than confirmation of great affaires Howbeit in the flourishing age of king Frauncis the first some threescore and ten yeares past at what time God graciously visited the most parts of Christendome with his spirit of all true knowledge and literature when the most comfortable beames of his blessed sonne our Sauiour Christ his Gospell after a long and infernall eclipse of ignorance beautifully brast out and was dispersed amongst the poore leane and hunger-starued sheepe of his pasture as well with vs in these Realmes as with them and in Germanie euen then did the French Nobilitie take it as their highest honour and a true type of perfect glorie to bee learned in all vertuous contemplation and studies that therein also which so much surreacheth momentanie fortunes they might like as many starres surmount and be discerned from the vulgar shâ—…ddowes So that vnto men enriched with those noble qualities the prince vertuously studying to glorifie the state of that flourishing kingdome diuolued the great and noblest Maiesties Offices and Magistracies of his state whereof the number is infinite vnto such as were learned and vertuous Sola namque virtus vera Nobilitas est For very Nobilitie is composed of vertue onely And certaine is it found in all kingdomes That if the Prince delight in hunting Poetrie Musicke Armes Astrologie c. not onely those neerest him in court but the vulgar will fashion themselues according to their abilities vnto such studies and pleasures And if hee take comfort
in wise and honorable councellours all his Nobles and Barons within the space of foure or fiue yeares will bee fit to serue in secret Councell to the best princes of the world nay more a king may make apt Counsellors of very meane men Qui maioribus suis virtute praelucent Which giue more light of vertue than their ancestors onely by this rule so that his house or Court shall soone become a Schoole-house or Colledge of sapience and vertue This likewise in the election of a Counsellor is one exceeding Principle That euery Prince in the beginning of his reigne without very weightie cause to the contrarie continue those Counsellors in their places being left in seruice of his predecessor Which wisedome hath well appeared in your most worthily renowned Maiestie who with good successe and auspicious grace yeelded your selfe to that course vpon your Graces imitation to your heritage of this Crown imperiall of England with the royalties annexed Which some writers haue noted in diuers prudent kings but amongst others in Lewis the eleuenth the French king who being readie to depart this life commended to the trust of his sonne Charles the eight then readie to succeed the fidelities of those Counsellors which instantly did serue him intimating to him in this caueat That hee by good experience in himselfe had formerly felt the smart which ensued vpon the displacing of such approued vertuous and honest ministers Whose counsell tooke such effect with king Charles that hee liued in such happie state amongst his Peeres and Counsell as that in griefe conceiued of his death two of his Officers about his person then in seruice suddenly died also This Charles was so beloued as hath not beene mentioned in the French histories of any king like him except of the Emperour Titus before whom for his humanitie lenitie liberalitie goodnesse and vertues he was much preferred Vnto the making vp of this politicke bodie the profit ruine honour and shame of the prince and subiects are surely fastened It behooueth therefore specially that Princes haue a sharpe sight into them of this societie for admit some could be contented to deceiue yet those finding the Prince more warily like a carefull father than a vigilant tyrant which attendeth bloodie vantages to looke into their actions become faithfull albeit against their will and then being well encouraged with dignities and preferments in their diligence and honesties they shall not haue any cause to wring from others vniustly insomuch as they finding that the prince groweth studious of their weale shall bee mooued entirely to neglect their owne priuate for the better aduauncement of his seruice and Maiestie In which if they doe not both of them keepe rule space time tune and eare reciprocally then shall they both certainely mistake in the descant of their plaine song Hereupon dependeth also that secret Counsellors in weightie matters by the Prince to them concredited keepe counsell and secrecie for it being deemed most odious when a priuate person dispaleth the secrets of his friend that relieth vpon his Taciturnitie how much more contemptuous and damnable is it in him which discloseth the priuate consultations of his Prince when such ouerture portendeth great dammage to the Common-wealth Heerein he reuerseth his truest honours violateth royall affiance and without any sence or religion had of his oath as impiously prophaned as assumed solemnely transgresseth to the death In these considerations it is most behoofefull to conceale matters important from the knowledge of women being of themselues by nature commonly desirous to heare to know and to talke all things And hence was it that Salust inueighing against Cicero did obiect That he did Cum Terentia vxore consulere de Republica That hee did consult with his wife Terentia concerning State-matters Certainely such Counsellors if a man may so tearme them because they cannot keepe counsell but lay that open to the great harme which is deliuered vnto them in trustiest secret for the generall good are for the most part basely disposed vicious loaden with heinous crimes and nefarious practises vaine audacious which glorie to their owne shame hauing no power nor moderation in hand tongue or heart such as Quintus Curius who communicating with a noble Romane strumpet called Fuluia the treasons of Lucius Catiline wherein he was a vigilant partisan and principall Sergeant himselfe euen in the very forge of their treasonable practises subuerted himselfe with all his complots and complices But it is euident by the example of young Papirius when vpon the importunacie which his mother vsed to learne out of him the Senates seerets that he deuised a ridiculous bait which tempted her with other Ladies verbally to prostitute their shame in the Senate wherein they made manifest their owne intemperance but concerning this being so common and notable I referre them that list to the Historie Of the like nature was Sempronia of whom Salust sayth That it could not be discerned whether she were more prodigall of her owne good fame or of her money Sic enim libidine accensa fuit vt saepiùs viros peteret quam peteretur quae sibi fidem prodiderat creditam abiurauerat For so vehement was the fire of her lust that shee did much more desire mens companies than men did hers who did betray the trust of those that reposed in her and perfidiously deale with those that credited her It is not vnknowne what ciuile calamities in the Realme of Fraunce both amongst the royall brethren and princes thereof happened vpon participation in the great Counsels of that State with the late Queene mother Caterina di Medici daughter to the Duke of Florence and it cannot but be fresh in their remembrance through Christendome by them of this late age because no Commonwealth but hath in some one or other thing suffered extremities when this Cath. as a President to both the Counsels of Fraunce steered the helme of that Commonwealth which shee misguided after her owne lust and pleasure Vpon diuers considerations by that law Salique which king Pharamonde made in his owne patrimonie neere Xantoigne called Salique whereupon that denomination first was women were exempted from many priuiledges And Gaguinus noteth of king Lewis the eleuenth of Fraunce which in his last Testament at his death amongst other things entreated his sonne the good king Charles to commit no councell of trust vnto his mother Charlotte the Duke of Sauoyes daughter which scarcely did liue one whole yeare dowager after her husband peraduenture he doubtfully fantasied that she had vniustly or wickedly dealt with him in his estate or life But I will not insist herein submitting my selfe to them which are the fathers of wisedome and experience and can discreetly tell how with honour and constancie to bridle their affections in such cases hauing by good example of others more power in this vertue to performe than the most wise valiant of mortall men king Salomon and Sampson had before whose prudence and
bee much violent for the time yet they continue but a little time and now the title of brethren is gone in respect of the body politicke for wee bee much neerer than before Hengist hath married with Scota euen as Henry your Maiesties royall father the sonne of L. Matthew Stuarte and of Ladie Margaret who married with your mother Mary daughter to king Iames the fourth and to the Dutchesse of Longueuille after the death of her first husband king Frauncis the second grandchild by the first ventre vnto that good prince of renowned memorie king Henry the seuenth as your Highnesses father was by the second ventre so that it may most fitly be said concerning that blessed coniunction of those two faire and peaceable planets Nuper ex atrocissimis bellorum ciuilium vulneribus paulispèr respirantem amplexi sunt libertatem huius insulae Iacobus quartus Margareta Scotorum coniugio sociati c. Out of the late most bitter wounds of ciuile warres Iames the fourth and Margaret being knit in wedlocke together haue embraced the liberties of this Island euen when it began to faint and draw a weake breath This happie marriage of those two beneuolent planets portendeth the weale of Christendome for in it by a double vnion twice vnited in bloud once by the sacred vnion of the two royall families of Yorke and Lancaster and after by that second vnion in marriage of a daughter and a sonne that a mother and this a father both of them out of the bodies of king Henry and Queene Elizabeth is this match made betwixt Hengyst and Scota more firme than euer at the first when Brutus raigned ouer them before their separation in the persons of Locryn and Albanact Iam non sunt duo sed caro vna Which sacred circumscription was figured and stamped in a peece of coyne of your late royall parents vpon their vnion figuratiuely presaging this vnion also Since therefore these nations thus coupled in one bodie be both of them knit vp in your Maiesties royall person and posteritie there is not any doubt but that they will liue loue and accord in sincere vnitie together perfecting and accomplishing that generall peace of conscience which was begun and yet continued from the first of your Maiesties late dearest sister her beginning in reigne euen to this instant of your gracious gouernment your Highnesse representing the person of this auncient Brittaine comprehending the new spouse Scotland within your princely bodie though your royall residence be kept with vs as in the bride-groomes chamber hath that vbiquitie by God graunted you touching the ciuile supremacie which his omnipotencie retaineth ouer all creatures For though your Grace being head doe not really touch certaine parts of your Commonwealths bodie yet that power and vertue which is contained in your heart liuer and lungs doth gouerne and moderate in those places by direction of that head which commaundeth and predominateth all the members insomuch as they neede not say that the bridegroome is taken from them and that they shall fast because they conuerse with him in power feasting with vs vnder his goodnesse for wee bee children of the bride-chamber all alike And it is not to bee doubted but that this new bride will declare her true loue and loyall demeanure towards her husband whatsoeuer sedicious or malecontented spirits mistrust or misconster for shee is from the first bud of her youth acquainted with her husband hauing a perfect and infallible notice by long tryall and hath sincerely plighted her faith What is he then worthie that would in the roote of all bitternesse seuer the barke from the tree by nefarious breach of this blessed vnion that I may speake vulgarly sowing the seede of dissention of intestine garboyle and burlyment amongst auncient brethren by making the peaceable members of one bodie to rebell against themselues and against the will of God Let them that haue scarcely sucked so much as of the vile dregs of nature iudge hereof For if two weake ones vnited make a competent strength then certainely two nations so combined and of such force beeing seuerall such as haue borne battaile and confounded the puissantest princes of Christendome may very well grow most mightie by their vnited force whereas if they should not now confirme themselues in vnfained amitie which God hath commaunded it must necessarily follow that it had beene a million fold better for them that they neuer had knit in that nuptiall band together for then will they both of them loose their owne forces in mutuall resistance opening their glories to the spoyle of base and despised enemies We now stand one in more need of another than euer we did before if wee consider it and onely because we haue incorporated our hearts lawes and obediences together vnder one God and one King which hath not beene of so many hundred yeeres past Nam vtrumque per se indigens alterum alterius auxilio indiget For both of them being single and standing in some neede of succour may stand one the other in steede with their owne succours This if wee ponder with franke and honourable accord and shall ioyfully rouse vp and vnite our noble spirits together with all heroycall obedience and true magnanimitie vnder our dread Soueraigne for him against his enemies as we haue alreadie done our kingdomes for if we will endeuour and accommodate our selues but to this our blessing of vnitie which euery vaine foole vnlesse the false tempter bewitch him will apprehend with all comfort profered from so sweete good and gracious hands of the Lord of our hoastes then Neque orbis terrarum neque cunctae gentes conglobatae mouere aut contundere queant hoc imperium Neither the whole world nor all the nations and people of this earth assembled in hostile troupes shall haue power to shiuer or batter down this our Empire Hereof let vs prudently consider being a matter of such high consequence for no mans imagination apprehension precaution or prouidence can bee so strong in this case as is requisite Nam de futuro nemo omnium satis callidus prudensque est Let vs therefore prudently consider and it shall appeare how both these kingdomes which were so long seuered heretofore haue beene from the first remembrance which is remayning of this Island since it was first inhabited by Brutus who shared it amongst his sonnes and after him long and many times made one bodie and how standeth then the present state of them in comparison Euen as one auncient tree lopped off from the bole wherein by processe of time diuers old Danish Saxon and French graffes haue beene planted which take their vertue from the roote of that ancient Brittaine stocke including England Scotland and Wales by times continuance reincorporate and flourishing out againe in one fruitfull tree So that in the persons of your Grace and of your sweete spouse in whome the fruits of all these nations now prosper these seuerall plants graciously sprout
Heluius Pertinax haue voluntarily renounced and resigned vp their estates according to that saying of Cicero Multi sunt fueruut qui tranquilitatem expetentes a negotijs publicis se remouerunt in hijs nobilissimi Philosophi principes hominesque seueri Many great Philosophers princes and graue persons are and haue bene which in their loue of tranquilitie resigned all their publike reputations and offices But to proceed in my discourse certaine it is as I said that men naturally be so much the more ambitious or ready to take hold of that poyson how much the more they be fortunate onely malicious flatterers such as haue put vpon their hearts that vicious habite of speaking and soothing men vp in all things plausible vnto them ytching their eares with painted hopes kindling discontentment in them against other great persons fellow counsellors neere their soueraigne hatch ambition in the hands and hearts of them which haue alwayes bene busied in mightie matters ministring some salt cause of vnsatiable heat and thirst of reuenge against their peeres vpon some vnperfect grounds plotted and leuelled by their turbulent and malicious heads and hearts And this out of their spightfull humours tending intirely to the alteration ruine and spoyle of their countrimen is set abroach as in a late counsellour and peere of this land too plainely was seene which occasioned his ouerthrow Credulitie before touched is a meane to moue these perturbations which neuer can happen to that counsellor whose actions and consultations are honorably directed in the true feare of God and of his prince who will not permit any trust of such matters where the vulgar beareth standard vpon whose force and faith relying diuers princes and potentates haue mainely miscaried with losse of their states and liues and some also by pertaking with them in their vnperfect quarrels which leaning vpon their succours aimed at such dignities as neither were preordained nor fit for them for they be variable giddie headed sedicious full of discord couetous of innovation and enemies to peace and tranquilitie And therefore that most learned and noble poet Scalliger addeth his suffrage to this opinion very fitly in these words Qui pendet ab errore opinione vulgi Pendet magis at que arbore qui pendet ab alta He which dependeth vpon the error and opinion of the vulgar holdeth more nicely then he which doth hang ready to fall from the highest branch of a tall tree Most of which being enraged with a lust of Innouation would willingly strangle themselues in the throat of the Commonwealth though they partake with traitors and highly fauour the treason yet if they finde it once displayed and boulted out for their hearts are prone to tumult then will they presently curse him that marshalled them in their treasons shewing themselues most forward in apprehension and punishing of him and of his follwers And if their Arch-captaine in that commotion or sedition be taken or if his practises be frustrated it hath beene alwayes noted that they then begin most vehemently to commend him which is was his greatest aduersarie whom doubtlesly they would had fortune otherwise turned haue miserably massacred and slaughtred declaring like apparant Camelions which turne colour with euery die great gladnesse in their feasts and bonefyers as if they were deliuered from that seruitude which like faint-hearted hypocrites and time seruitors they first desired hunted for The like example was seen amongst those rabble of the Romanes which did partake with Catyline so long as his treasons tooke good head but when he grew weake and remediles then Mutatamente Catylinae consilia execrari Ciceronem ad caelum tollere ceperunt The case being altered they with execrations condemne the counsell of Catyline extolling Cicero to the heauens It is therefore found great weakenesse in wise men to trust vnto the rude ignorant and vndisciplined multitude and he which is instructed in morall Phylosophy will neuer put affiance in them vnlesse it be where their Captaine is the best man in field and where they must either fight like men or die like dogs without resistance For by Phylosophy men are taught as I said before to know themselues and how to measure and master their owne force Example of this is recorded of the Gracchi of Spurius Melius For though it be as was before said commendable and necessarie for vertuous counsellors to regard and make sute for dignities and preferments at their princes hands whose faithfulnesse diligence and generall good desert worthily may require the same so doth it without all doubt import the contrary when they by wicked means would aspire to soueraigntie which happeneth commonly through neglect of Gods worship and contempt of their liege soueraigne none of which as it is generally found in all writers of Hystories or Chronicles haue long enioyed that which by such impious and vniust meanes hath been catched and most of them perished in the beginnings and executions which with some examples I thinke it a thing not impertinent to confirme Agathocles the Sycilian sonne to a Potter through his malicious quicknesse subtilties attained by fauour of the Syracusians first to bee made their Pretor and after through helpe of his friend Amilchar Generall of an armie which then serued in Sycill with whom he conspired hunting ambitiously for the soueraigne power of that State at a signall giuen diuers armed persons sodainly rushing out in a chamber where the principals vnder the pretext of serious consultation were assembled slaughtered the Citizens and Senators wherby he became prince of that State After that precedent Olyuerotto di Fermo by treacherous murther of his Vncle Giouanni Fogliani and of the Fermanes became prince of Fermo who by the Commande of Caesar Borgia then Generall of his father Pope Alexander the sixt his forces by traine vnder the like trust of consultation with Orsino Baglioni Prince of Perugia others was imprisoned and strangled Lodovik Sforza Duke of Milane by vsurpation hauing impoisoned his Nephew Giouanni Galliacio did aspire to that principallitie which some did suppose was a great cause of the ruyne and seruitude of â—…alie with infinite other calamities which as Francis Guicciardine writeth happened vpon it in Christendome whose whole race was extinct not long after I will not omit that which is yet fâ—…sh late Chronicles and hath been many times represented vnto the vulgar vpon our English Theaters of Richard Plantaginet third sonne to Richard Duke of 〈◊〉 who being eldest brother next suâ—…iuing to King Edward the fourth 〈◊〉 hee had â—…naturally made away his elder brother George Duke of 〈◊〉 〈◊〉 he thought a grieuous eye sore betwixt him and the marke 〈◊〉 which he leuelled did vpon death of the King his brother take vpon him protection of 〈◊〉 Realme vnder his two Nephewes left in his brotherly 〈◊〉 both which he caused at once to be smothered together within 〈◊〉 his Maiesties Tower at London which ominous bad lodging in memoriall
vnderstanding within those noble vertues which haue circled the other Herein being so manifest a trueth which euery reasonable subiect knoweth and acknowledgeth I cannot incurre the note of Adulation so that it may be verified in this which was spoken vnto Caius Caesar Prius defessi fuerint homines laudando facta tua quaÌ„ tu laude digna facienda c. Men shall first grow wearie with speaking of your glorious and prayseworthie deeds before you desist from doing such things as most highly deserue commendation Thus hath your Maiestie giuen vnto vs a golden and a blessed kingdome not onely by adding vnto your inheritance of England the crowne of Scotland but by bringing in with you as your inseperable coÌ„panions peace prudence magnificence iustice clemencie with diuers other princely vertues amongst vs for our imitation which by the true meede of honor propagate all dominion and soueraigntie confirming that golden sentence of Seneca Habere regnum casus est virtus dare The possession of a crowne is the gift of fortune the gift of a crowne is the meede of vertue So that in after times the like may be recorded of your grace which the Romaines left engrauen in perpetuall honor of their Emperour Heluius who being constrained by the Senate and people to take vpon him the empire was therefore called Pertinax Pertinace imperanti securiviximus nemine timuimus patri pio senatus patri omniuÌ„ bonoruÌ„ c. During the Empire of Pertinax we liued in securitie fearelesse of any mortall man this therefore we consecrate to the godly father of the senate to the father of all good men What then remaineth further after all these blessings in your maiestie lent vnto vs but that in our zealous prayers we with a cheerefull vnanimitie beseech almightie God that all those your highnesse actions and consultations which are and shall be may stand with his good pleasure and end in all prosperitie The best meanes of acquisition and preseruation of soueraignetie being declared as my fashion is I deeme it needefull to shew by what courses it is suddenly subuerted In opposition therefore to the peoples loue standeth their hatred and feare of their prince his feueritie Malus etenim custoâ—… diuturnit atis metus quem etenim metuunt oderunt quem quisque odâ—… perijsse expetir For feare is no good treasurer of a mans life because men hate such persons as retaine them in feare and it is expedient that he should perish whom euery man hateth Saith Ennius in Cicero It is therefore impossible for him to raigne long amongst those people whom he doth oppresse with violence and tyrannie consenting with the sage Morallist Violenta nemo imperia continuit diù Moderata durant Quoquè fortuna altius euexit ac leuauit humanas opes Hoc se magis supprimere foelicem decet Variosque casus cernere metuentem deos Nimium fauentes No king can rule long time with violence But princes temperate raigne many yeeres For wise men which by fortune are aduanc'd Their power and passions so much more will curbe And they that feare bad fruits of too good fortunes Can perfectly discerne the choise of chance He likewise is not rightly called a king that feareth any subiect as Seneca writeth in Thyeste Rex est qui metuit nihil He is a true king which doth not stand in feare of any thing and in another place to this point thus Quos cogit metus Laudare eosdem reddit inimicos metus Such people as in feare constrain'd loue kings By the same feare are made their enemies Nay true kings as I said before whose true firmament is onely iustice are knowen by two speciall things by which they retaine their kingdomes in peace and happinesse that is by their zealous worshippe of God and their voluntarie subiection of themselues vnto the lawes by which they gouerne the nations on earth Hence was it that Caelius did write of a graue a iust and a learned prince which answered a certaine hypocriticall and dangerous flatterer who did affirme that all the meanes and proceedings of princes concerning their estates generally were iust and honest on this fashion Omnia per Iouem non sunt honesta iusta sed barbaris tantum Nobis vero ea honesta quae honesta iusta quae iusta illud possumus quod de iure possumus I call Iupiter to witnesse that all things are not honest and iust but amongst barbarous kings and saluages But of vs those things which are verely honest are esteemed honest and all such things iust which are iust indeed and that is in our power to doe which we may lawfully doe Moreouer this is a most reasonable position and established in the ciuill lawes Neminem dici posse se posse aliquid quod honestè non potest salua dignitate It cannot be sayd of any man that he may doe anything which impugneth his reputation or honestie Tyrannes likewise are knowen in two speciall things by which according to the obseruation of some curious heades they be noted to preserue a tyrannie But in my iudgement the members of those two meanes are the likeliest to demolish any state whatsoeuer the first kind barbarous and the second craftie Vpon the first expendeth the cutting off and extinguishing of the mightie ones the abolishing of conuiuiall meetings and good fellowship in entercourse amongst neighbours the subuersion of Churches hospitals schooles accademies bestowing the lands with which they formerly were endowed vpon greedy flatterers enemies of honestie the taking away of fayres markets and other meanes wherby contrimen become strange one towards another the admittance of strangers into the publike corporations ciuill societies and other popular assemblies that they might snarle and entangle people in their words actions by which their priuiledges possessions may come to be seazed profisco The dispersing through all places of the Commonwealth priuie whisperers informers for the secret groping and mining into the peopels hearts and to supplant the states of priuat gentlemen and persons of good qualitie the sowing of factions sedicious slaunders and discentions amongst noblemen rich men and the commoners by whose ruine his coffers may bee loaden the driuing of poore folkes into mere miserie feare and pusillanimitie the leuying and vndertaking of vniust war abroad that he may make all sure at home The diffidence and not crediting of friends the cherishing preferring and benefiting of wiues whoores parasites seruants fidlers rascals cookes panders daudes players taylors and Buffons Vpon the second meanes consisteth a counterfeit and hypocriticall care or pretence to cherish the Commonwealth th'exaction of tributes vnder the pretext of necessarie warres and of oeconomicall occasions to counterfeit a reuerende graee and plausible maiestie both in person and countenance to wound no man with open iniurie but priuily to bite him to the bone to retaine but one wife in open sight admirably to dissemble sobrietie vigilancie the
those houses of Parliament by generall consent concerning the publicke weale or generall good or euill it behooueth first that they soundly and maturely deliberate and consult vpon any thing important sifting out the circumstances which may tend to the most benefit or praeiudice and conscionably pondering each point in the ballance of reason may condiscend to that which will least preiudice the maine for when the billes of those houses are once exhibited past and inacted they cannot be repealed without another Parliament by generall consent of the Prince and of all persons In this high court all Iudgements issuing out of the Kings bench the Chauncerie Common plees the Exchequer the court of Wardes and that which proceedeth out of the court of Parliament it selfe may bee reuersed by writ of Error There are likewise other courts Ecclesiasticall and Ciuill Ecclesiasticall as the whole Conuocation of our Clergie assembled with our States of Parliament consisting of Deanes and Chapiters Archdeacons Procters of Cathedrall Churches and Deligates which are the generall with prouinciall Synods of Canterbury and Yorke vnto whom all the Byshopricks of England and Wales suffragate In speciall such generall courts as answere to this Synod are the Consistorie the Arches for appeales court of the Chancelor or Audience Commissaries court or the Prerogatiue for probate of Testaments with the court of Faculties for dispensations the courts held at Canterbury by the Chancellor for the Diocesse the court of peculiar Deaneries appertaining th'Archbishop and yet belonging vnto diuers Bishoprickes vnto which other Byshops are also subiect Euery priuate Bishop or Soueragaine haue courts also within their seuerall Diocesse to themselues peculiar their cours of Chancellers Archdeacons or Officials Ciuill courts hold plees either in cases of right dealing or in ciuill causes betwixt the prince and his tenants But of the Exchequer where those causes betwixt the Prince and his tenants are decyded I did speake somewhat in my first Booke The Dutchie of Lancaster by grant from King Edward the third to Iohn of Gaunt was exstinct by vnion of Possession with the crowne in person of King Henrie the fourth by whom it was seuered and so continued the whole times of King Henrie the fift and King Henry the sixth then vnited by Edward the fourth which being seperated againe by King Henrie the seuenth remaineth yet accordingly The Court of Chancerie wherein ought to bee the seate of equitie which mitigateth or morderateth the Law or as Aristotle calleth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 TanquaÌ„ sine fuco without guile or subtile hypocrysie should seeme to distribute and execute the Lawe of nature and conscience being corrected by reason but confirmed by Religion It is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the soule or that naturall facultie with perswadeth the good and diswadeth that which is euill and therefore as I sayd elsewhere Equitie should seeme to bee that Balme which modefieth and molefieth the rigorous Letter and rugged forehead of Law graciously smoothing the same with a blessed serenitie For when the Law by seuere interpretation is drawne to inconuenient kinds of facts and by colourable arguments mooued to frustrate the good meaning of the Statute then our recourse in England is made vnto the Chancerie being so notable and common that in other Courts through the corrupt levine and couetous malice of some Lawyers right is many times peruerted For diuers wylie Sophysters arguing with subtile insinuations and heaping vp authorities enforce the Letter of our Statutes that they may bee thereby accomodated to their owne corrupt purposes so that the violence done by such a Counsellor is much more then that which is offered by the wrong dealing plaintiffe or defendant against the innocent grieued Hence is this iniquitie thus enforced by the smoothe tongue of a subtile Lawyer which often times vrgeth and procureth a seuere or sinister sentence from whence appeale is made vnto this Court of equitie which is the Kings iust mercie seat from whence is dispensed that which is vulgarly called aequum bonum aequum iustum aequum iustum Intimating righteousnesse and goodnesse right and iustice and indifferent iustice for euen the lawes themselues require that they may be gouerned by trueth Et vt leni facili ac benig na interpretatione temperentur veréque dicitur nullus recedat a Cancellaria sine remedio To be qualified with a gentle milde and fauourable interpretation And it is a true saying Let no man depart from the Court of Chancerie without remedie The iudgements deliuered in this Court of honourable grace cannot be but by the Court Parliament reuersed the speciall proceedings in Chancerie are by petitions trauerses and shewing of right In this Court the Lord Chauncelloâ—… is iudge with the master of Rolles next vnder them the masters of the Chauncerie the sixe Clerkes and cursitors Adioyning these is the court of requests All those ciuill courts prementioned hold plee betwixt subiect and subiect either in triall of land causes as the kings Bench so farre at it dealeth in matters of debt assumption actions vpon the case properly belonging to the court of the Common plees or in the Common plees begun by king Henrie the 3. Likewise in the matters of Marshallsea within the virge limited to twelue miles neere to the kings house and no more where the steward and Marshall are iudges or in marine causes determinable in the Admiraltie which court was erected by king Edward the third all of them being generall courts Those which are speciall and peculier to some one prouince people or seignorie subiect to the state of this crowne doe follow The Constables court in Wales wherein the President and counsell with the Secretarie and examiner the Clarke of the counsell and keeper of the billes doe sit In the North part of England also where at Yorke a President and counsell is established both which counsels are fashioned according to the forme of Parliaments in France Likewise the Chauncellers court in the Exchequer which hath a Seale the writs vnder which are more antient then the Register or Prerogatiue There are also diuers base courts which as it should seeme were first of any that we can read begunne by Moses who did establish Iudges These ruled Tribes Hundreds Fifties tenths to whom he referred the decision of small causes reseruing to himselfe matters of most importance These courts were continued amongst vs in example by king Alfred the Saxon and a Christian king who deuided his realme First into lathes rapes ridings and them into wapentakes hundreds and those into leets court Barons tithings piepouders Secondly into Sherifes turnes and hundreds King Henry the second deuided this realme into sixe parts vnto each of which he did assigne three iustices called Itinerants by Bracton and iustices in eire by Britton whose circuits Roger Houeden describeth to be like our iuridicall circuits at this day and so much in generall touching the formes and nature of our Ecclesiasticall and
ciuill courts in this realme which master William Camden our most learned Brittaine Antiquarie did very commendably set forth in the last edition of his booke Now somewhat concerning the lawes but in speciall touching our owne nation It is said that Brutus vpon his settling in this Iland did write a booke of lawes in the Greeke tongue collected out of the Troiane lawes 1103. yeres before Christs birth which Greeke lawes the Druides first administred in this land being solemnly by vowes inhibited to promulgate them to vulgar vnderstanding From these Druides according to Caesar being found out amongst vs a colonie was deducted into Galle for the instruction of that people The frequent and reciprocall commerce and trafique betwixt the Galles and Brittaines in those times like to be by couenant or deeds ratified according to those Greeke lawes by which both the nations were gouerned should seeme as Str◅bo thinketh to confirme so much Molmutius Donwallo instituted two bookes of lawes in this land called municipiall and iudiciarie importing the statute lawes and the common lawes After him Mercia Proba the wife of king Guinteline another booke called Merciaes lawes King Afred also gathered diuers which being into one volume compiled he named a breuiarie drawen from diuers lawes of the Troians Greeks Brittaines Saxons and Danes Also Sigibert king of the East Angles published a booke called the Institutes of Lawes Edward the Confessor next king before William the first amongst the diuinest and worthiest lawyers may be registred which out of those infinite volumes of Brittish Romaine Danish and English lawes made a choise Rapsodie which he did intitle the common law as by the wordes of diuers diligent and faithfull Antiquaries appeareth After these princes king William the first vpon his great victories and militarie trauels in subduing the rebellious violence of the borderers impaling this land instituted diuers excellent and commodious lawes abolished since then abrogating others which were not so necessarie for those times as Geruas of Tilbury writeth After whom his sonne H. the first surnamed Henry Beauclerke of whom Henrie of Huntington who liued in his dayes recordeth much being a very learned and politike prince abolished certaine of them restoring diuers of the former which hee thought were more behousefull for those times And Henrie the second a prince of much mildnesse and humanitie compiled another volume diuided into the laws of this Commonwealth the statutes royall intituled But in this point I referre my selfe with the reader to the large very learned Epistle of S. Edward Coke to those bookes of Lawcases by him lately compiled And so much briefly touching the precise care and studies of former princes in ordeining collecting the laws the necessity wherof being so vulgarly knowen needeth no confirmation by further example considering how fresh it springeth in our memories omitting the most sage prudent prouisiō of that Numa of England king Henry the seuenth for the Commonwealth by good and politike institution administration of lawes that our late sacred soueraigne Elizab. whose very name imprinteth a reuerend remembrance in my heart instituted many diuine laws by which the miraculous peace of this Cōmon-wealth vnder the mercifull prouidence of God was amplified conserued eternised And here may not I with modestie passe or post ouer his Maiesties royall prudence knowledge and high paines in compiling and publishing the lawes of Stotland imprinted in one volume not doubting but that God of his great and inestimable loue to this nation vnder his blessed scepter also shall so worke by iustice in his princely spirit that this realme may becomein shorttime of a garden wherein his highnesse found some weeds a diuine paradise of most ciuill humanitie This hath bene the great care which did formerly with such vehement force worke in the brains hearts of al prudent kings emperours to make their people blessed this which amongst many more excellent vertues and honors attributed and ascribed formerly to Augustus Caesar made him so great and eternall in the golden memorials of time so that for the correction and promulgation of lawes in his owne name and for his sumptuous and many buildings it was truely and triumphantly spoken of himselfe Vrbem latericiam reperi relinquo marmoream These were the bulwarkes which protected the peace and honour of his Empire and those by which the superabounding tranquilitie of this Nation hath beene so long cherished and conserued It was recorded in the Romane Annals and memorials as a notable happines in Antoninus Pius that through his iustice prudence and fortitude there arose not any warres amongst the Romanes for 23. yeeres together which happeneth generally by the due distribution and execution of iustice and equitie What then may be said in our Chronicles of that our late gracious and auspicious planet of Christendome Queene Elizabeth whose beams yet after the dissolution of her mortalitie so diuinely shine amongst vs in those Lawes established and taught vnto vs whilst she raigned ouer vs who sauing some fewe moneths doubled those yeeres of happinesse vpon her people in admirable honor peace and plentie It is sooth and well answereth to the lore of wisedome that all policies States or Common-weales are most corrupt wherein there be many lawes established forsomuch as it is presupposed that where multitudes of crimes and vices predominate of strange and diuers qualities diuers vnusuall and strange lawes are necessarily made to restraine them or if they be preordained to correct or prohibit vices which are not yet may happen then it is as dangerous in regard of that expressed in this poeticall sentence Gens humana ruit in vetitum nefas For Adams children naturally lust after the forbidden fruit Not many Bookes which confound mens memorie with heapes of words and matter but few substantiall and necessarie referring all pettie things not being nefarious to the censure of venerable magistrates which will not suffer a sparke to make a flame and not to the written Letter of Poenall Lawes considering how the meane ministers and executioners of them which search out inquire and informe of such offences doe commonly more preiudice then benefit and honestie to the Commonwealth For wee know that by Gods finger all the lawes both diuine and humane were within a paire of marble Tables comprised in a compendious Decalogue The reports and causes of our common-lawes and iudgements haue appeared in two points that the former Kings of this Realme as king Edward the third Henrie the fourth Henrie the fift Henrie the sixt Edward the fourth Richard the third Henry the seuenth with prudent inspection found that necessitie which required a luculent interpretation of the difficult points in our Common-lawes wherevpon they by the faithfull conference of foure most reuerend and learned Iudges in the Lawes following the sage example of that most wise and victorious Emperor Iustinianus before mentioned did each of them in their seuerall raignes cause the genuine and very sence
by specious enucleation of all intricate or equiuocall points and cases to be cl◅red explained to the end that all other Iudges or Iustices which exceeded in administration of them might at the first sight with commendable perspicuitie deliuer the faithfull substance of all as occasion was offered for the peoples good hauing digested them into nine Volumes of the Lawes wherin the whole essence of all by those reuerend Law-fathers was most methodically couched For as the difference of all creatures by nature proceedeth from vnitie resembling many flowers sprouting from one roote euen so doe sundrie needfull and most beneuolent Lawes receiue life and nature from the precious wisedom of God the blessed and all-healing fountaine of whose knowledge he with ineffable grace and diuine beneficence openeth to them all that are studious of righteousnesse and in tender loue with respect vnto man being the choise operation of his handes doth retaine him by the due feare and loue of iustice and saluation in eternall tranquilitie The generall benefit calmely and plentifully redounding from those Bookes iudgements reports and Law-cases by the enucleation of those learned law-men as is before expressed includeth the second point Forsomuch as concerneth humane Lawes which are ordained by nature and published by the prince which by them gouerneth the Common-wealth to relieue and rectifie the same they must be iust and possible needfull and profitable plaine prescribed not to priuate but to publike vse and benefit consenting with time and place according to the nature and custome of the Countrey which should be moderated by them such as are our statute-lawes of England Vpon these thus ordained and prouided against faultes a knowledge shewing the difference of crimes and vices dependeth As whether the nature of thē consist in impietie by violation of the first table of Gods lawes through foolish prophanation or derrogation of or from his omnipotent power and maiestie or if it be flagitious and repugnant to the second importing impietie towards parents and magistrates the defamation or contumelies of neighbours the concupiscence and losse of liuelihoods and liues wherevpon parricides and horrible slaughters are bred Towards which legall office or ministerie three speciall things generally would be required in a Iudge the first of which is in his head to retaine a firme and venerable grauitie confirmed in his countenance with some serious kinde of awfull maiestie through his continuall meditation vpon the iust iudgements of God with the charge vpon him imposed which by the diuine gift of heauenly iustice must be fostered in his heart that all proceedings drawne from thence may be seasoned with the grauitie of his cogitations which in excellent discretion will point out to him the time person and place when to whom and where hee should shew iustice naked or inuested with mercie So that by the iustice of of his heart which ministreth wisedome and grauitie to his head and by the seuere and precise prudence of his head which inblazoned in a stedfast countenance a stout maiestie withall and by the comely grace of his countenance which admirably shadoweth all in a decent austeritie there may be due reuerence and feare drawne to the person of a Iudge on euery side about him infusing horror to the malicious and wicked with loue and reuerence to good and iust persons hauing his tong so sanctified and seared with zealous praier and with a liuely cole taken from the blessed Altar by the sacred Cherubine that it may become th' oracle of Gods iustice and the iust herauld of a sincere heart For if grauitie should not appeare in all his iudgements then shall he be suspected of a partiall foolish lentitude which opinion when it is once vulgarly conceiued will preiudice him either in his reputation or in administration of the Lawes This reputation or authoritie likewise is by the first three properties delineated to life the restraint whereof will disaduantage him in his honour which by such demeanor will be blemished with some misprizion or suspect of corruption There is likewise in euery wise Iudge expedient a mature experience in sutes and variances by defect whereof his ignorance deepely woundeth or rather maimeth him Lastly the mindes constancie corroborateth him in the perfection of all declaring that in the whole course of all his iudgements iustice alone without priuate affection preuaileth Neither is it meete but most vnfit that any man should sit on throne of iudgement or giue sentence when his owne cause is heard or discussed least affection vsurpe vpon and defile the tongue of magistracie least the reuerend custome of iudgement be violated least that maiestie whereof I spoke which is meete for the sage tribunall and court of equitie be diminished least a mischieuous example corrupting the people be drawne on with it and finally least a contempt of the Lawes and equitie do succced it Now somewhat concerning that abilitie which strengthneth Iudges and iuridicall magistrates in the administration of publike causes It is therefore principally to be considered that they which sit vpon this honourable throne of iudgement and take place to giue place vnto the due distribution of right and are firmely planted for the sure supplantation of those contageous vices which being but a little licenced would disperse and spread through all parts of the Common-weales most beautifull bodie defiling it with a foule and virulent leprosie stand deeply bound in a double recognisance of soule and bodie to be studious and industrious in the science and iudiciall practise of that wholesome physicke which must be frequently ministred to the diseased members of that State In which their iudgements being credited may be by the Prince allowed and iustified also for if they doe not yeeld euen law and execution of right to all subiects rich and poore without hauing regard to any person and without letting to doe right for any letters or commandement which may come to them from the prince or king or from any other by any other cause then are they by our Lawes thus censured worthily Their bodies lands and goods to rest at the kings pleasure who shall otherwise giue iudgement or sentence of and against them The King himself also which is head and iudge of the Lawes sheweth great goodnesse equitie through the world in shewing his royall assent and contentment that these iudges substituted vnder him shall giue sentence according to the Cannon and true meaning of iustice euen against himselfe directly if he through negligence be driuen vniustly to maintaine any sute with a priuate person which will not beare euen in the ballance of equitie in which that kingly sentence is verified that therein differt a rege Tyrannus for nothing more then this doth to life expresse a true kings glorie The kings of our nation to confirme this perfect honor of a iust prince in one act of Parliament ordained in the second yeere of king Edward the third are limited That although they commaund by their great
worthy Lawyer of our time Sir Edw. Cooke the Kings Atturney generall The reuerend Fathers and Iudges in the Lawes of our time were Wray Bacon Harper Bromley Manwood Anderson Egerton and Popham whose excellent gifts of knowledge and wisedome haue bene plentifully powred out to the generall benefit of this Nation Diuers excellent men of great prudence learning hope for our own laws residing and studious in our houses of court and otherwise dispersed through his Maiesties dominions adorne and beautifie this Realme whose names fit me not here to insinuate So that this Nation vnder Gods gouernment during good Queene Elizabeth her raigne was inriched and roabed with the gold and purpure of fortune and wisedome auspiciously combined together And since her time with his Maiesties high prudence alwayes studying and inclyning to the peace and happinesse of his people graciously begun and very like blessedly to continue to his Highnesse high comfort so long as it shall stand with Gods high pleasure his Maiesties honour and with the speciall weale of his Kingdomes The Lawes before King Edward the third his raigne as Glanvile and Bracton record and some which were established in the dayes of his father Edward of Carnarvan and of King Richard the second were written in Latine but in the first of King Edward the third his raigne who had as it is knowne generally good and lawfull right to the crowne of France and did retaine diuers of those Prouinces in possession were all of them written in French Howbeit soone after to the ende that the people might the better vnderstand what was spoken for against them the Lawyers which before lately pleaded in French vpon such inconuenience found were enioyned by one act of Parliament that all their pleadings in all courts place within the realme should be made in English but entred and enrolled in Latine And somuch in briefe concerning the Legall counsell or court of Iudges Finis libri tertij The fourth Booke of Offices IT is commonly seene in the depraued condition of humane nature that diuers persons doe vehemently desire to be reputed skilfull and excellently learned in some commendable arts which they neuer attained A vicious bindnesse proceeding as I deeme from pride innated and from a certaine dishonest kinde of sluggishnesse when any man shall thinke that he can buy the credit and falsed opinion of diuine treasures with meere idlenesse in whose loathsome and vnsauory kennell the ragged blind barbarous and misbeliâ—…uing idoll ignorance filthily wallowing holdeth a perpetuall slouens right and doth in very foolish arrogancy vpon meere earthly presumption euerlastingly blemish all other laudable perfections which can be quoated in the faire and true carde of mans diuine nature and industrie The scandall of which dishonest imputation that I might crush to death in the head me seemeth it in conscience expedient and a chiefe branch of my duetie to confesse a trueth how much it exceedeth the weake bounders of my naked iudgement to furnish fit in compleat armes of proofe with all sutable habiliments of honour this right noble counsell of warre which though it be last in place yet is it first in procession and not lowest in profession considering that it putteth the titles of all right and iust honour in execution It is the noble corrector of all prodigall states a skilfull bloodletter against all dangerous obstructions and plurasies of peace the most soueraigne purgation of all superfluous and spreading humours or leprosies which can breed in any generall politicke body Necessity which importuneth a fourth placein my booke doth vrge me to that which my dishabilities towards the seruice of so serious a subiect shuld otherwise inhibit my practise in warres hath bene very little my knowledge in bookes and histories slender in such respects and as it is the generall fault of youthfull temeritie when I first entred the martiall lists negligently did I restraine my selfe from those needfull obseruations which should haue beene the very scope proposed to my whole time of seruice in armes through the vaine weakenesse of my greene and vnstayed head therefore I most humbly craue pardon for such omissions as will be found in this treatise frequently recommending it vnto the best and honorable iudgements which cannot calumniate with a generall exception and protestation against the vulgar in their bitternesse without discretion from which kinde of spirits I desire earnestly that my trauels may be concealed The matter is of it selâ—…e most ample and many things may be required which I know cannot be without some irkesomenesse to the reader inserted points of more moment ouershooting the scope of my knowledge I referre to my masters in armes that haue by much valour and long experience attained the martiall girland of iust honour and can famously from the golden trumpet of farre sounding victorie clang out aloud with heroicall cheere and alacritie the true flourish and euerliuing bruit of bloodie sweats and battailes Warre being vpon honorable grounds and with due deliberation vndertaken is the constant and inestimable base of a blessed peace rectifying composing and perfecting all iniuries disorders and imperfections in euery state hence was it that sage Heraclitus did call warre the father king and soueraigne of all creatures reprouing Homer for his ignorance because he prayed against variance and debate amongst gods and men holding opinion that the blind Poet did by so praying curse the generation of all creatures which according to the grounds of our Philosophicall reason doth subsist of fighting and antipathie It is vulgar how the foundations of all Empires are framed out of good lawes and good armes But good lawes are of small force vnlesse they be maintained by needfull skill and practise of weapons Howbeit in all places of the ciuill and imperiall lawes where there is any mention made of wars and lawes together armes haue the first place Moreouer note it positiuely that where militarie science and exercise is frequent there good lawes are in most force and honour for it maintaineth and magnifieth euery Commonwealth and state without it none haue long flourished or continued and according to Thucydides he that will not in tranquilitie leuie necessarie warre standeth in the very doore of daunger and this of Tacitus Sapientes pacis causa bellum gerunt laborem spe otij â—…ustentant nisi illam firmam efficis vinci an vicisse quid retulit c. Wise men to purchase peace leuie warre they labour in hope of future ease vnlesse your peace be firme what auaileth it you to conquer or to be conquered Warre is therefore a multitude combined and assembled together in armes in one cause vnited with a noble and needefull resolution to resist and defeate all violence which is opposed or vrged against any king kingdome or their confederates Wherein first must be considered generally that which Salust writeth Omne bellum facilè sumi caeterum â—…gerrime desinere non in eiusdem potestate initium
eius finem esse incipere cuiuis etiam ignauo licet deponere vero cum victores velint All warres are easily begun but with great difficultie finished it is not in one mans power both to beginne and end the warre euery dastardly coward may begin but it resteth in the pleasure of him that vanquisheth to make an end thereof The foote or end of warre therefore must be precisely looked vpon with the toppe and occasion For example when it is soundly warranted by the Lawes of nations as in lawfull levying of armes either in the cause of God which is principal being moued assisted by diuine spirit against his enemies such as you shal finde in ages not long past which by the Emperor being confederated and vnited in force with the princes of Christendome were auspiciously stirred vp ingenerall against the Turke and against other blasphemous opposites of Christ and of his people or in defence of the Common-wealth against all forraine inuasions or impeachments of their naturall liberties As it was in my remembrance prouided by the dearly remembred nâ—…rrice of this Nation Queene Elizabeth Pro aris focis against the puisant Armado of Spaine which purposed a conquest of this Nation and was confounded by the spirit of God mouing in the windes and waters against those forraine ships vnder the propitious and euer-admired valor of Gods hand-maiden whose apport carriage in those difficulties are worthy to be recorded with a pen of finest gold in hardest marble or in that if any thing be more durable which is most permanent and diuine vpon earth For being then amongst her souldiors heroically mounted she promised with many comfortable words of encouragement to share with them in fortunes if the Spaniard durst shew his face aland Such and so marueilous was her natiue fortitude and true pietie published in her Campe at Tilburie vpon the zeale and motherly loue of Gods cause and of the safegard of his chosen people vnder her scepter as is euerlastingly registred already with her soule aboue the starres Out of this brancheth a lawfull kinde of inuasion vpon forraine states in case of some honor or right which is vniustly detained by violent hand after that restitution hath beene peaceably demanded As that which the right wise and most renowned Prince the beautifull president of peace and the deuouring thunder-bolt of warre King Edward the third your Maiesties most worthy Progenitor breathed out against France which martiall lighttening was so terrible that it deuoured the disobedience of that people and established him in his right which first was wonne with the weight of most honourable battell And those warres which the valorous French King maintained a long time after the venemous murther of his predecessor brother in Law King Henry the third of France and Poleland against the Duke Du Mayne great Chamberlaine of France with the Duke of Parma and others that resisted him in his hereditarie dominions vntill the Pope had restored him to the crowne There is likewise a iust warre grounded vpon charitie which vndertaketh the protection of our friends or confederates Such were they which our prementioned soueraigne Lady lately levyed to succor the Free-states of base Germanie thereby to protect them from the rigorous and vnspeakeable seruitude of Spaine and Castille whose approoued faithfulnesse of old to this Realme is many times noted in our Chronicles Onely such warre as is vndertaken for amplification of dominion and Empire and that which ambition marshalleth with such iniurious quarrels as are scandalously picked out of counterfeit grounds and heads more fit for Turkes Infidels or traytors then for sacred and royall minded princes may not bee fummoned to this throne of heroicall iustice but vnrespected or reiected vtterly Vnto the performance of these warres thus iustly to be commenced and raised the choise of soldiors is first required as well Captaines as ordinarie seruitors including soldiors for fight and labourers for worke Of these in their particular offices and degrees successiuely The first and highest place of power and reputation in the field the Prince himselfe vpon some principall causes in his owne person houldeth vnder whom all other Generals and Captaines are waged and beare office But forsomuch as at this day few princes are seene militant in forraine countries vnlesse they stand appealed to such battels forcibly through some forcible iniustice of others either vpon detinew of due tributes or territories the custome and possession whereof hath beene of most ancient memorie continued in his antecessors by discreet succession to the very point of his own raigne and also because fewe Princes are personally seene in battels of our dayes vpon their ownesoyle vnlesse against assailants or tirannous vsurpers such as were expected of which I spake before by our soueraigne Elizabeth and prouided against the inuasion of King Philip Anno 1588. and for some other particular reasons I will passe ouer the particulars of his highest place in martiall Campe referring my selfe to his commission by vertue whereof vpon ordinary tearmes of warre the Prince or Emperor deputeth his Lieutenant generall to supply the place and office of maiestie hauing sometimes certaine priuate and princely directions not expressed by which in dearest trust to him by his soueraigne committed he must shape his course In all outward apparance he must cape according to the strict tenor of his instructions in commission vnder the Prince his great seale deliuered The least sillable in sence being expressed therein he may not without high danger to himselfe transgresse vnlesse the soueraignes aduice and opinion be first had and knowne or after vpon more firme reconsideration deliuered The princes deepe Iudgement and discretion in electing of his Leiutenant generall ought to be principally grounded vpon good aduice and sure notice taken of his sufficiencie for such a place First he should be a man of able strong and actiue bodie well knit of a durable complexion neither too much brent nor drowned as I sayd in the secret councellor hard and at defiance with tendernesse delighting in paines and practise of Armes and in him fiue principall things are required The first is fidelitie rebounding from his dignities and noble education opposite to which standeth infidelitie issuing from auarice and malice for such as are couetous and malicious be faithlesse and therefore by the lawes imperiall not eligible to the place of Princes or Generals of Armies Science the second garbe of a noble Commander conuerseth in the knowledge of Topographie both by the Carde and Mappe as by practise in much trauell By this he discerneth what Marches are competent for the souldiers answerable vnto their bodies strength vnto the present need which the seruice in hand shall impose By this he disposeth of all aduantages which the places times and seasons shall offer as by the benefit of hils valleys lanes riuers marshes woodes with all the sunnes and windes of the compasse also such obseruations
that action to which the whole force of mind bodie must be bent not fighting to winne the girland for others but principally proposing the wagers honour for themselues hence happeneth that mercenaries cannot combat with that true courage and martiall-alacritie which natiue contrimen will for they fight only for a little wages and such venture of life and hazard of themselues will not serue in time of neede vnlesse it be very wonderfully seconded with frequent and those gallant succours knowing how many noble princes haue miscarried in reposing vpon such hollow valours Moreouer natiue souldiers both by the causes necessity and in hope of a glorious conquest wherin the largest portion of iust reputation happeneth to themselues wil put to their most excellent and best approued force to such men feare and difficulties are contemptible the cause of this their excellent valor proceedeth from the goodnesse of a true parent in person of their prince who will share his honors commodities with them and from the noble worthinesse of their commaunders and leaders being natiue contrimen and engraffed to their societies Tullus Hostilius successor of Numa notwithstanding the fourtie yeeres intermission from warre did onely choose his souldiers out of his owne cities reiecting all auxilia◅ies of the Samnites and Tuscanes which had beene well disciplined trayning his owne people and through them attained conquest Likewise king Henrie of Monmouth the fift of that name from the conquerour king William the first for his right in the Crowne of France vsed his owne English souldiers and returning loaden with triumphes and victories obteined by them that during all the dayes of his father and for thirtie yeeres space before had not worne any warlike furniture whereas in contrary the French had bene exercised in continuall warre against the Italians and assisted or oppressed rather with those hirelings of Swizzerland The best forme of fighting in warre was in making of great battailes being composed of the most approued men in field for valour placed in the maine battaile or middle bodie of the hoast for men which being vnited fight together in multitudes be much more valiant by nature then in small companies or handfuls Also the speciall thing which hangeth vpon the discipline and honour of the Generall is that the souldiers be duely paid their wages and relieued with victuals which winneth in them a dutifull kind of reuerence and awfull respect of their gouernours This loue in them exceedeth the force of gold and the power of all opportunities and occasions which can happen by times or places For that which maintaineth wars commonly proceedeth from contribution of the people towards the common defence against forren violence and this lasteth no longer then they can be defended Likewise all places naturally munited and fortified are nothing without the willing aide of men valiant to defend them by force considering that treasure is wonne by the sword and not the swords vertue by treasure These foure points in the Generall therefore make excellent souldiers and confirme Empire Industrious and due discipline strong armes and sufficient for the fight iust paiment of wages and a competent prouision of victuals adde hereunto the fift which is the roote mother and perfection of all noble seruice and conquest being the firme loue hearty reuerence of the souldiers These points which haue beene formerly noted by the politicke Florentine Secretarie to Petro de Medici to conserue and augment th' empire which he would haue had him haue sought for consist in manning of the strong cities with souldiers borne in the same prouinces in conciliating the friendship and societies of neighbours in planting colonies for defence vpon the skirts of their newly subdued prouinces in the spoiles of enemies in forraging and hauocking vpon their haruest and husbandrie in choosing rather to draw them together for battell in Campe then to besiege them within their cities in studious respect of the common cause and profit onely in th'instructing and disciplining of souldiers in the knowledge and vse of armes which eight points if the prince or lieuetenant neglect hee may percase deuise notwithstanding other meanes for the conseruation of his owne but neuer for the amplification of Empire which augmentation if it should happen by lawfull meanes as by the meere prouidence suggestion and disposition of God doth not impugne Christian religion but is most noble and loueable For some princes might vnder counterfeit pretext force men to defend their owne pretending a right in some things not belonging vnto them The mainten◅nce whereof may giue occasion vnto them which execute Gods punishments vpon ambitious vsurpers by diuine in◅igation to diuest them of all forsomuch as they will not leaue any thing which their vnsatiate auarice hath appetite to deuoure for euery man is permitted to loue honour and prote◅ his countrie and the reason why so fewe free people and States are in comparison of former times and such a defect of uue louers and of valiant champions of liberties in comparison of former ages as a wily Commonwealths man hath noted is that people in hope of beatitude and towards the fruition of a second comfortable life deuise in these dayes how to tollerate and not to reuenge iniuries as if that no saluation could come from aboue but by keeping of their swordes and armes rustely sheathed and cased when a vehement necessitie doth importune the contrarie whilst they sottishly nuzzling themselues in sluggish securitie vtterly condemne the lawfull meanes and courses of warre restoring that needfully by force of swords which no law nor charmes of perswasiue words can accomplish There yet appendeth this discipline of souldiers one principall respect of the captaines that neither they crush nor excoriate the poore husband-man which I partly touched in the Morals of my second Booke for if it may be said vnto fraudulent merchāts whose consciences are blasted with a couetous lethargie Whether O yee fooles shall your soules trauell What then may be spoken of such soldiers that neither being contented with their stipend or wages nor with meat drinke when they be faint with marching long iourneies vnder the languishing weight of their armour which by poore husband-men is dayly ministred vnto them in a kinde of fearefull charitie For these like the bastards and counterfeits of honour rauenously spoyle and take away the goods of those which entertaine them shewing all cruell ingratitude towards them as vnto slaues in meede of their hospitalitie with grieuous stripes terrible menaces and torturing those poore labouring catiues vpon the strappado of their vnsatiable couetousnesse euen to the last tester which these siely creatures do pittifully lay downe at their feet to be rid of that fearefull tēpest which those vnthankfull barbarous guests raise in their cottages For the preseruation of the weale and securitie of Armies from feare and dangers of enemies all deuises ought to be followed as in the faithfull promises of the aduersaries of confederates of friends and of
their assured succours but the speciall assurance is grounded in the generals person who may by prudent direction so fashion out his estate that he preuent his enemies of all wayes and meanes tending to his preiudice whose principall happinesse is to force them into such a difficult strait as without his clemencie no reliefe may seeme to remaine vnto them Hee should also concerning auxiliaries and power of confâ—…derates repose surest trust in succours of them that reciprocally stand in most need of his helpe or of him that either in respect of priuate profite or detriment is interessed in depth of the cause not building in any case vppon those whom hee hath benefitted least hee remedilesly exclaime against ingratitude by the example of Demetrius Poliorcetes who hauing been a great friend and faithfull anchor of the Athenians yet being vnfortunately vanquished by his enemies Athens that vngratefull citie would neither receiue nor protect him comming thither for refuge where he was the shield-herne before whereat Demetrius was more vexed then for the losse of his whole estate And likewise Pompey being vanquished by Caesar fled to Ptolemie king of Egypt whom he some yeeres before had restored and planted in his kingdome but for such his goodnesse towardes him Ptolemie tooke away his life Which if ingratitude may doe Princes and Generals should not thinke but that in truces leagues confederacies and pactions which are but temporary conuentions or accords without any sufficient hostages sureties cautions or pledges deliuered if daunger and losse of the whole armie depend thereupon little hope will remaine of keeping league or friendship with most Princes or opposite Commanders in warre But if it were admitted that any Prince should partake with the forces of some more puisant than himselfe as his friend assistant let him assuredly perswade himselfe that it is either because he findeth by reasons good and more then probable that his helpe can restore him or else because he likewise hateth those parties against which he ioyneth in armes so much as cannot be with any meanes pacefied And hence it is that vpon due deliberation after the example of the Romanes first had the Generall with huge force and in short timâ—… should doe his designe For they comming with multitudes of men to the field presently decided the cause with their swords To the conquered they granted conditions of peace and lawes or deducted colonies of souldiers for tuition of their purchase so that in short time they finished their warres and without any great expence of treasure For the Romanes would not trifle or waste away the time of their businesse in idle or vnnecessarie parliance and yet so truely noble that they more respecting the name of conquest then the couetous nature of conditions offered would immediately when the field was wonne out of their natiue heroycall customes and inclinations graunt vnto the vanquished all fauourable libertie declaâ—…ing more then matchable magnificence in that according to that saying in Salust against Catiline Vict is nihil praeter iniuriae licentiam eripiebant Romani The Romanes tooke nothing from them whom they subdued but a licence or power to doe them harme If any spoyles were gotten them they brought into the publike treasurie for maintaining of the souldiers and casing of the peoples tributes so that the Romanes were inriched and bettered by their warres Neither was it permitted that any Consull albeit he had in sundry noble battels and victories amplyfied the Empire should passe in pompe and triumph thorough the Citie vnlesse he brought with him into the common treasurie infinite spoyles of gold and siluer also How souldiors ought to be resolued in battell and to demeane themselues by direction of their captaines is spoken of sufficiently before onely this must be narrowly respected which is most forcible to the stirring vp or cooling of their maruall courages in fight or vpon the point of charge that sodaine speeches and reports bee dispersed with warinesse and ready circumspection through the battels as Quinctius the Consull vsed in his battels against the Volscians For he finding his souldiers incline in the vaward cryed vnto them amayne Why turne you faces in the front my good souldiers considering that they which fight in the reare haue got the victorie Remember my good fellowes your honour which is layd vp as you know in the bosomes of your enemies from whence you must eagerly winne it with your weapons This sodaine speech of his did adde such courage to them that with a valiant resolution vniting and knitting vp all their forces together they became Lords of the field In the Citie Perugia there was a faction betwixt the families of the Oddi and Baglioni in opposition mortally diuided but the Oadi being more weake were banished by that State howbeit in the night-time by meanes of certaine their friends within the towne they got enterance priuily purposing with their forces to possesse the market place and to that ende had one to goe before them with a great mallet of yron to breake the locks of those chaynes which barricadoed the streetes in euery place to the great hinderance of their horses as they should passe they therfore hauing marched vnto the last chaine and being readie to possesse the place where they purposed to make a parado fitting themselues for that exploit in hande the souldiers pressed so farre and fast vpon him that should haue broken the chayne that he was forced to call for more roome and to bid them giue backe they therefore bing in a troupe confused and close together receiued the word by the sound of Eccho from the first to the last And those which stood in the reare not knowing the meaning thereof did turne faces and so were occasion of their generall subuersion In such sort Iugurth seeing the state of his battels desperate vpon the comming in of Bocchus strooke terror into the hearts of his enemies by speaking in the Latin tongue which Language he had learned at Numantia that the field was his that to resist his forces was in vaine that a little before he had slaine Marius with his owne hands and therewithall pretending that it was brought from the slaughter of Marius shewed his sword yet smoking and dyed with blood Moreouer this ought specially to be noted in fight that he which can patiently susteine the first charge and yeeld with calme temper to the rage of his enemies though they betwise in number so many may spend all their forces by warie lingring and catching of occasions wilily watched for He should also which commandeth them giue good respect in his fighting to the aduantages of ground winde and sunne and with fresh handfulls for his better seconding and reliefe march gallantly forward Neither can it be spoken what incouragement it addeth to the souldier faint and wearied with blood and conflict when hee seeth new succours freshly charging and participating of their trauels with martiall alacritie Neither is it a small terror to
after the state of his prince and countrey which if the captaines doe neglect ought to be with due seueritie punished in them We read that Moyses who was a carefull warrior against the Egyptians did send out sâ—…outs centrenels and escurriers and that Iosua that diuine and triumphant captaine purposing the destruction of Ierico sent espials which were lodged in Rhahabs house When Saul had pitched in Hachilah before Ieshimon Dauid sent espials out of the wildernesse which brought tidings of his approach There is a kind of souldiers which are chiefe men of the nobler sort vsed amongst the Frenchmen which in that Realme are by common and ancient custome in time of speciall seruice to maintaine themselues and seruants in those warres three moneths the Frenchmen call them Banne and Retrobanne Which as Procopius saith Romani bannum signum dixerunt bandoferum ducis belli signum ferentem the Romanes did call this word bannum that which we call ensigne and Bandoferus him which beareth the captaines ensigne from thence should seeme that anciently the name of ensignes were called banners wherein certaine emblemes and armorie of the noble leaders and captaines were knowen and distinguished from others also when any publike edict was diuulged or proclaimed it was called Bannire in bannum soluere which signifieth as much as to set it to the view and knowledge of the whole hoast Likewise the creation of knights according to their deserts after the warres being many and of diuers orders I will not insist vpon because they be so well known The creation of knights bannerets which is vnder the princes standard being displayed is the most honorable knighthood in the field for they be called equiâ—…es redubitati twise knighted for their martiall prowesse such as in honor of warre and for their noble atchieuments by militarie worthinesse attaine knighthoods of collers such as the Cheualliers sans â—…proch deuised by Lewis the eleuenth at Ambois 1469. of the first Institution being thirtie sixe Nobles of the Realme and since more according to the Kings pleasure and such Noble men his friendes of other nations as for their valour in seruing him in his warres are invested to that honor at this day Likewise the order of Saint George instituted by King Edward the third the ceremonies whereof being so well knowne and celebrated at Windsor I let passe with that Order of the golden Fleece which Philip Duke of Burgundie instituted at Dijoun in France which King Philip of Spaine and the Emperor Randolph by right of the Emperor Charles the fift whose mother was heire of that Dutchie at this day retaine as their order of honorable Knighthood and all these noble Orders with diuers of like fashion first deuised as a reward and mâ—…d of their militarie vertues and in that respect the Romanes did bestow vpon their worthiest captaines and militarie commanders horse and furniture with rich caparisons bracelets chaines girdles and crownes of pure gold lanâ—…es with other warlike habilimenâ—… and armorie such as Cicinius Dentatus receiued of theÌ„ for his fortitude shewed in their waâ—…es which were golden spurres and a sword with the kings personall embrace as our 〈◊〉 of honour are created at this day The most famous and best renowned souldiers that in our times haue bene noted were Ambrose Dudley the old Earle of Warwike Thomas Ratcliffe Earle of Sussex the three brethren of that honourable race of Ricot the two noble and vnfortunate Earles of Essex both deceased the father and sonne the Lord Willoughbie late Gouernour of Barwicke Sir Roger Williams Sir Philip Sydney who singeth in heauen crowned both with martiall and ciuill girlands Sir Thomas Morgan but there haue bene so manie and yet are of gallant heroicall spirits aliue amongst vs that it were infinite to reckon and would rather bring one into suspition of that fault for which I detest to conuerse in the houses of great princes then any wayâ—…s answere to the worthinesse of them whom I commemorate And heere least I might vnhappilie seeme too curious or tedious will I knit vp my labours satisfying my selfe with a little taste of some principles in euery counsell forasmuch as if I should write all that ought in these discourses to be set downe it would be both infinite in regard of the matter and needelesse if your Grace respect the learneder writings of others not crauing more then beneuolence for my voluntarie liberalitie which is the best treasure that a double pouertie proceeding from my single fortunes in ward and exterior affordeth From the profane multitude full of error and confusion whose opinions distand from veritie so farre as England according to 〈◊〉 tables is diuided from the Indies I will appeale by protestation that they which leane vpon vaine hope and idle counsels which threaten and disdaine sea-stormes slouthfully wallowing in their warme beddes at land and which in tempestuous times are immeasurably blasted with ignominious feare and pusillanimitie may not bee taken for equall iudges of my studies How meane my matter is how naked my sentences how little my trauels how bare my knowledge I must acknowledge that I know neither is it written in arrogancie and it is well spoken that nothing can be spoken which hath not beene first spoken and I will pray that my studies being published may not be forespoken with iâ—…enomed tongues swolne too great for their mouthes but to them that are iust and truely noble I will simply submit them such as they bee with all modesty heartily loathing as I still professe without and within all ostentation and hypocrisie All Glorie be to the blessed seede of all in all immortall perfection of incomprehensible goodnesse euerlastingly raigning in that vnconceiueable power of saluation by miraculous faith inanimate in the true charitable roote of the ineffable Trinitie mistically reueiled in omnipotent vnitie FINIS Imprinted at London by Adam Islip 1606. Barth Cassan. in 〈◊〉 terâ—… partis catal gâ—…or mundi Bart. Cassan. 78. consid 12. partis catal glor mundi Il. Prencipe cap. 18 commâ—… se debbe osseruar la fede Office of Treasurers Lib. 52. Cap. 16. de Mag. Romanorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Barth Cass cons. 13. 7. partis cat gloriae mundi Geo. Bened. in Repet cap. Rayn in verb. Bonus de curtili Lib. 4. 7. Cap. 16. de Mag. vet Pop. Ro. Vinâ—…ent Lupan Annal. lib. 3. Arist. in Polit. Cap. 1. de re Peâ—… Plin. lib. 18. cap. 3. Plin. lib. 1. Lib. 2. Oss. Cic. 2. Oâ—… Cic. 2. Off. In vita Iuliani Salust bell Iugurth lib. George Clifford Cic. Off. 1. Barth Cassan. 32 Consid. 6. partis Catol glor muÌ„di Oratio Philippi in Senat. ex Salust Edw. 2. Cor. Tac. lib. 13. Annalium Ioh. Tilius lib â—…m de rebugall Nicolo Maâ—… il preu cap. 16. De liberalita miseria c. Ad Caes de Rep. ordinanda Lib. 3. ad Heren Lib. 2. de innent Plato lib. 20. Charmides siue de temp