intollerable subsidies for if such publicke businesses in a Commonwealth oppresse the prince which according to the best iudgements being great and multiplied doe through prudent consultation foresight and caution ioyfully propagate all Soueraigne empire then must it necessarily follow that a generall aid be ministred by the commons for their generall good least otherwise the publicke treasure be through want of such tributarie supplies drawne to the bottome whereas it ought continually to bee multiplied and cherished Etenim qui rempublicam gubernabunt consulere debebunt vt earum rerum copia sit quae sunt necessariae Which if they do carefully respect sildome or neuer shall any vehement cause happen to them of exaction And therefore that good and charitable Emperour Traiane vtterly disallowing and detesting all compulsion and priuie pinches in those cases Fiscum lienem vocauit quod eo scilicet crescente artus reliqui cōtabescunt Howbeit that sentence in some cases to me seemeth more verely physicall according to the letter than morally philosophicall answering to the sence And therefore partafrugaliter tuendo many such inconueniences are preuented Magis etenim dedecus est parta amittere quāomninò nō paruisse This treasure therfore ought to be cherished the cherishing wherof is principally found in cutting off all idle and superfluous expences for therein it doth as well encrease by sauing as receiuing It likewise augmenteth by the bold and industrious valour of them which make great and honourable aduentures as well by land seruice as nauall for their countries glorie returning after a long laborious and chargeable voyage loaden with treasure and commodities So did the noble Romane Aemilius bring from the Macedonians which spoyle was so rich and great that it eased the people of Rome many yeares after from tributes of which hostile booties he was knowne not to bring any thing to his priuate houses or hampers sauing onely the renoume of his triumphs and victories which how well he demerited is witnessed in noble historie Such excellent and precious countreymen should be furnished at the common charge with ships men armes and prouision that they might exercise themselues in those seruices which should increase and magnifie the Commonwealth I may not forgett Sir Francis Drake so much remembred and acknowledged through the whole world which he cōpassed for his noble skill and industrious fortitude who did both much benefit magnifie the state of this land being not borne of any very noble parentage Howbeit that his working good spirit and better fortunes alwaies incited him to some honourable interprise which in the late raigne of blessed Queene Elizabeth brought much coine and bullion of gold and siluer vnto the princes treasures somewhat out of hostile spoyles from the Spaniards taken by that euer renowmed Earle of Cumberland in his nauall voyages To whom at this day we shall find few comparable for their painfull aduētures equiualuable with the trauels either of Crist. Colombo or Hernando Cortez if you will superadde therunto that excellēt fortune and natiue valour which alwayes accompanied and winged their heroicall enterprises I might speake here of Sir Thomas Candish of Sir Humfrey Gilbert but hauing mentioned Sir Francis Drake in him is comprised so much as they could deserue Diuers other gallant gentlemen borne here in England amongst vs which being yet young and aliue haue percase some fortunes in store to make them as glorious in such seruices as any that euer trauailed My meaning is not here that by the direptions piracies depredations of cities or nations confederated and vnited which is meerely dishonest and vnprofitable to farce and gorge vp the common Treasuries for so much as it withstandeth all reason and humane policie with true colour emblazoning the violation and breach of peace and amitie which vndoubtedly bringeth a most lamentable confusion with it vnto those princes and Commonweales in their estâtes that are both agents and patients in these cases but onely with the spoyles of maleuolent mischieuous and professed enemies by whose oppression their whole state is weakened and in whose weakenesse our forces are confirmed such as cannot be more malicious or mortall aduersaries for any violence which wee can offer vnto them Treasures gotten from such ambitious and maleuolent people are laudable and magnifie the state of our kingdomes Such verely were the spoiles which Lucius Mummius Collegue in Censorship to Paulus Aemylius aforesaid brought from the state of a most opulent and braue citie by which atchieuements Cicero noteth in his Offices that Mummius was not a penny the wealthier in his owne priuate purse than before Adde hereunto not vnlike in magnificence though their fortunes were vnequall the condition of that sometimes right noble and vnfortunate Lord of good memorie Robert Earle of Essex after his expedition to Cales By which example in himselfe hee made knowne to the couetous captaines of his time and vnto those which had heard of his victories that true glorie was meerely the subiect and substance of his seruice which hee shared with his countrey treasure the meede of his militarie men which hee magnificently distributed amongst them And certainely there is not any thing which more to life representeth the noble conditions and natures of gallant souldiers in highest militarie reputation than either their great victories and spoyles or their calamities and disfortunes for the bearing of themselues equall and the same in both extremities without insolence or abiection clearely manifesteth to the world their vertues Neither can any thing be more precious and amiable in the sight of people than a magnificent and bountifull magistrate Hunc enim maximé populus admiratur qui pecunia non mouetur quod in quo viro perspectum sit hunc dignum spectatu arbitramur c. Such princes therefore vndoubtedly win a generall good opinion and admiration in seeming to despise those treasures and pleasures which some weake princes and all vulgar persons hold precious howbeit with such a negligent semblance as neither prodigalitie may preiudice their estates nor their negligence by not seeking out honourable means to maintaine that excellent good fame may diuert all lawfull and commendable helpes for the support thereof This Office amongst diuerse otherwayes to weaken it is laid open to those massie charges which the prince vndergoeth in his warres and from the fountaine thereof all inferiour Treasurers of armies garrisons nauies and prouinces with such like are continually serued It is therefore most reasonable considering so many riuers are supplied therewith that diligent circumspection bee required to preserue the Spring alwayes full by beneuolent and due retribution of waters through those siluer pipes which may without stop cheerefully conuey them to that fountaine from the calme riuers of the Commonwealth redispensing them with a carefull kind of beneficence to the common good and tranquilitie This fountaine must be kept alwayes if not full yet not neere drie least by defect of the slenderest vaine branching from it
bestowing thirtie thousand crownes he gained cleere threescore thousand and had a quicke returne of his money But the bruit hereof beeing brought vnto the tyrant Dionysius albeit the money was not taken from him which many miserable tyrants would haue done yet was hee banished from Syracusae Which punishment was so much the lesse by how much the more that tyrant was taught by the like precedent These such like Monopolies where many businesses are handled for the Commonwealth are onely fit for princes and not to be diuolued or vnaduisedly bestowed vpon marchants or other subiects forsomuch as they procure a generall malice of the people for a priuat mans thankes vnto the prince and some princes get not so much as thankes The quantitie likewise ought to be measured by the rule of their owne faculties which bestow them the persons vpon whome it is bestowed respected according to their worth and qualitie taking good heed that they benefit not their friends by preiudicing strangers or oppresse any to maintaine the report of their liberalitie breaking that bubble of vaine glorie soone puft vp with emptinesse which allureth babes and fooles into the bottomlesse waues of confusion Suum namque cuique in commodum ferendum est potiùs quà m alterius commodus detrahendum In giuing therefore respects are had vnto the qualities of those persons benefited not to their fortunes Melius est enim apud bonos quà m apud fortunatos beneficium collocari saith Cicero all eminent tokens of good knowledge and vertues in people must be cherished and encouraged with beneficence such as loue them much should be rewarded with much which is intended by the interior and not any exterior speech as for meere affection onely not benefiting flatterers which intirely loue for lucre considering how the cares of this fraile honour with the deceitfulnesse of riches fleshly lusts enter the thoughts of such Sicophants possessing their hearts and choaking the diuine grace within them which is made vnfruitfull also they that by such deceit seeke riches vndoubtedly fall into temptations snares and into manie foolish and noisome lusts which drowne men in perdition They therefore that in giuing vse these respects resemble fruitfull grounds yeelding much more graine than they receiued when in a charitable respect and for necessitie sake some bee rewarded that haue not any manifest tokens of desert or vertue requiring it which in such good and sound discretion consoundeth melodiously with the giuers vertues and dignities Yet for so much as the number of people crauing and wanting is infinite reliefe and preferment must extend in speciall to their owne countreymen nationals friends and fellowes some of which are woon with a resemblance in fashions manners and conditions others with benefites and gracious offers mutually done and receiued Which obseruation likewise seemeth in Salust who writeth That Vbi Romani virtute pericula propulerant socijs atque amicis auxilia portabant magisque dandis quà m accipiendis beneficijs amicitias parabant Malicious parasites and picke thankes the canker and rust of iust honour and riches must bee blotted out of the bookes of your beneficence as the most vngratefull vipers of nobilitie for if they find your inclination to their subtleties then will they neuer cease like a Northeast wind till they haue blasted all before them both stocke and reputation Malitia namque praemijs excercetur vbi ea dempseris nemo omnium gratuitò malus est By these meanes likewise may circumspect princes aucupate the seruices of informers tale-bearers delators and promotors not by proposing the liuings and goods of condemned persons vnto them for reward but by feeding them onely with money Ne praediorum quaerendorum proposita spe ad calumniandum impellantur sin autem delatoribus praemia eripiantur vix est vt vlla peccatorum vltio sequatur Wee haue here in this our Commonwealth much like order obserued as that any man preferring iust information against priuate persons transgressing the statutes penall shall haue for his meed halfe the forfeiture and penaltie limitted which if in other matters capitall and of more moment it were permitted would bee a sure and vndoubted meanes to restraine many crimes and hainous transgressions of people There is likewise a kind of Liberalitie most expedient which Cicero calleth beneficence being as it were a willing habite or inclination moouing men to doe good This goodnesse hee defineth by the similitude of them which will not restraine the course of a riuer freely running as not maliciously crossing anothers preferment when it withdraweth not one mite from their owne but further or aduaunce it rather The contrarie to which is very rife in euery princes court at this day Likewise it is held a kind of Liberalitie to giue sound and honest counsell from a well-willing heart to the best of their cunning vnto such as will consult with them this is a Liberalitie from a faithfull Counsellour peculiar vnto his prince and countrey which faithfulnesse ought mutually to bee recompenced vnto him by the prince with honour and dignities for wee read it in the Psalmes of that blessed Prophet Dilige bonum servum vt animam tuam tracta cum vt fratrem tuum Good Princes therefore will shew their beneficence vnto good Counsellors being absent present aliue or dead euen in aduauncing their children to those offices after them if they bee found worthie Which truly royall beneficence hath woon so many good counsellours hearts that not onely they haue left all their lands and possessions at their death vnto the king but some of them haue most ioyfully sacrificed their liues for his safetie The third strayne of beneficence is by similitude of him that giueth light vnto the torch of another from his owne for this is a neighbourly beneficence not hindering his owne in lending helpe vnto friendes and countreymen Which kinde of honest lending and dutifull repayment is very needfull and commodious being a true vertuous braunch of Liberalitie as is witnessed by that royall Psalmist Vir iustus liberalis est mutuum dat declaring that lending is a member of Liberalitie which vndoubtedly tendeth to the conseruation of humane societie Thus much least I should wearie my selfe or the Reader with matters too vulgar and generally knowne I thinke sufficient for this Office Howbeit there are many things which I would and may not set downe and much also which I cannot though I would most gladly because I want meanes to attaine vnto the knowledge of some speciall secrets in this Office of Treasurers howbeit finding my force vnworthie such mysteries I rest well satisfied with these ordinarie rules referring my selfe to some things which as occasionshall offer in this Booke ensuing do subalternatly respect it Finis Libri Primi The second Booke of Offices IT is a most chargeable burthen heauily leaning on princely shoulders to gouerne by the compasse of sapience to minister iustice with equabilitie to bridle the boldnesse
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
the fault and therefore is the Prouerbe Cupido irapessimi sunt consultores Lust and wrath are the worst counsellors and specially wrath is to be vehemently suppressed in a Iudge least he staine his hands in innocent blood which is a thing so odious in the sight of God and man as nothing can be more abhominable Hence was that saying of the noble morall Tragoedian Iudex futurus sanguine humano abstine If thou wilt be a Iudge abstaine from humane blood Lenitie then appeareth in a Iudge when by pardoning of wicked persons he suffereth a mischiefe to fall vpon good men and therefore this lentitude is so great a sinne as immanitie neither should any Iudge in the case of his countrey giue any sentence vpon father countrey-men or brethren contratie to iustice least a dangerous example and scandall be taken Lyes calumnies fraud hypocrisie dissimulation and arrogancie stand at defiance with veritie what enemies these be vnto the soule of man and vnto publike gouernement I referre to mens priuate consciences For calumnie praiseth vice rebuketh vertue hypocrisie doth foolishly maliciously and fraudulently dispraise those in their absence whom in presence she commendeth and in like case the rest There is one most pemicious disease ingendred of these humors which being very rise in some princes courts I may not forget The condition is in killing imprisoning and vndoing certaine persons and some of good desert which in the politicke Courtier of Duro di pascolo seemeth commonly to be bent against noble Gentlemen of greatest respect honest innocent and vnconuicted these being brought vnto the pits brinck are many times charged and surcharged with treasonable or nefarious accusations wherein they perish as Petro de Vineis Aluaro de Luna Giacobo Corde Christophoro Colombo Philip de Comynes with other very wise and honourable Counsellors euen of our fathers times and of our memories which did in such cases miscary neither is it safe or behoofefull that I particularize This is a kinde of iniustice and close malice necessarily to be sisted being wholy composed of diabolicall wilynesse Wherefore they cannot be very noble that foster in their rancorous hearts such maliciousnesse and if there rest in any heroycall spirits the least spiracle which should seeme to taste of that contagious humour it is emulation onely for we finde in Cicero that Nobiles sivirtute valent magis aemuli quam inuidi bonorum sunt Noblemen which are possessed of vertue doe rather emulate then maligne good men And albeit this vice of emulation resteth amongst Nobles Paladynes which is most glorious being applied to vertuous and honourable purposes as in contending to become most iust valiant temperate learned actiue or excellent in any such manly qualities then the rest yet to maligne others for their perfections and better properties should seeme most vnnaturall base and brutish and therefore elegantly Cicero citing the same out of Crisippus resembleth them to such as runne together in one race for a wager in these wordes Qui stadium currit eniti contendere debet quà m maximè possit vt vincat supplant are cum quocum certat aut cubito deppellere nullo modo debet Sic in vita sibi quemque petere quod pertineat ad vsum non iniqum est deripere ius non est Hee that runneth a race ought to worke and contend with all possible meanes to winne the wager hee may not in any case supplant him with whom he contendeth or strike him backe with his elbow Semblaby that is not vnfit which a man necessarily craueth for the sustinance or support of his life but forceably to take away from men that which is theirs is meere iniquitie There is a Lesson which Cicero vehemently mooueth and vrgeth and in this case fit to be considered vpon by learned and graue Iudges not to summon or appeale any man in causes criminall if he finde in his heart the parties innocencie so slandered or indited because it cannot bee done without great charge and torture of conscience For what can be found more rigorous and vnmanly then to peruert that eloquence which God with nature hath giuen for the comfort and conseruation of men vnto the shame and ruine of honest persons Which charitable equabilitie hath bin obserued in some worthy Law-fathers of this land and amongst others manie times in one principall minister of his Maiesties pleadings of whom vnnamed I may speake a truth without adulation that it hath seemed doubtfull to wise-men whether he were in Proborum defensitationibus quam in sceleratorum accusationibuâ—… magis acer more vehement in his Apologies for good and honest men in their good causes or earnest in his inuectiues or informations against nefarious and wicked persons For such ought to be the care of iust Iudges as Cicero writeth Vt iuris iudiciorum aequitate suum quisque teneat That through the equitie of iustice and iudgement euery man may retaine his right I speake this as a necessarie caueat or monition against calumnies and enuy which hath bene the deuouring caterpiller of so many vertuous and gallant princes and Commonwealthes men that haue thereby perished because that restlesse hagge malice commonly doth more mischiefe then fortune and therfore if men which are set vpon the stage of honour and reputation can finde out a soueraigne preseruatiue against her venime then doe they shew great wisedome possessing this world in quiet For sure it is that Viuos interdum fortuna saepe inuidia fatigat Fortune some times toyleth liuing creatures but enuy vexeth them often Gratitude being another branch of iustice is vngraciously wounded with vnthankefulnesse nothing vanisheth sooner then the remembrance of benefites receiued for if you multiply them they shall be retributed and retribled to you with infinite malefices considering that he which neither hath heart nor facultie to requite commonly forgetteth or vnderualueth your munificence disdayning in himselfe the very remembrance of that necessitie which being either with your mercie mitigated or delayed in case of iustice or by your charitie supplied in compassion of his pouerty should haue enioyned him to thankefull requitall for such a benefit which people commonly so soone forget as taste This haue I found by good experience both in particular and by some priuate respects of my selfe and others most neere vnto me not doubting but that it is a vulgar proofe wherein this worlds aged malignitie through diuelish continuance hath increased it from a wily serpent to a subtile malicious and murthering old dragon like that which is spoken of in the Reuelation of the blessed Euangelist Iohn being now set free from fetters towards the last times and amongst wise men so detestable and odious that by their often repetion it became a prouerbe generally deliuered if you call me vnthankefull call me what you will for nothing can be more disgracefull or infamous And as it is vsed to men of that vnthankfull nature an vnthankefull dogge for as it is
vulgar The first and chiefe place in all ciuile gouernment vnder princes and Commonweales according to Dion Cassius Francis Patricius Barthol Cassanaeus Hyppolito Furio Ceriolano with others which haue by their bookes opened the formes of counsels concerning the state of any kingdome remaineth to the Treasurers which by the Romanes were called Quaestores à quaerendo because they did seeke how to magnifie corroborate and amplifie the Commonwealth by lawfull and honourable meanes for the speciall weale of those states and princes vnder whom they did administer and also did faithfully conserue those riches to their trust committed Hence is it that Dion tearmeth Quaesturam primum gradumin Senatâ—… howbeit Iustus Lipsius not wholly suffragating to that opinion sayth Quòd inter magistratus fuere quaestores ordine primi dignitate vltimi Which office being auntiently deriued from the Greekes was first erected amongst the Romanes in the first bud of that Empire after it was growne to some height when the societies of those people louingly knit and assembled had in the citie by their policies valour and industrie gathered and got a great masse of treasure together wherein euery free citisen had equall share at what time they did first institute two generall Quaestores or Treasurers which were famous amongst them for their Iustice valour moderation and prudence that had the tuition thereof keeping their office in Aede Saturni This institution of Treasurers Tacitus would haue amongst the Romans when the Consular estate was first established Anno 23. after their kings were abolished some thinke they were first ordained Anno Vrb. conditae 269 But it is not so doubtfull as needlesse precisely to stand vpon that point onely this the place of Treasurers being first amongst the ciuile magistrates as at this day in Fraunce where Les generalx des finances les presedents des accomptes haue a prioritie not onely before both the Counsels strict and at large but also before the foure Primiers Presidents in that realme as our Lord high Treasurer of England hath also whose place with vs is highest next vnto the Lord Chancelour in ciuile reputation giueth me some cause to digest the same into my first booke of Offices being as I may tearme it notvnfitly that liuer wherein the blood which possesseth the mouing life of euery commonwealth is contained For euen as moneyes are fitly called the sinews of war so may we likewise properly tearme them the blood of peace and therefore that state or kingdome whose treasure is exhausted though it be most ample populous and puissant in other things may be called bloodlesse and languishing according to the saying of that learned Lawman Nobilitas sine diuitijs pené mortua est tanquam corpus exangue Riches therefore may bee properly tearmed the blood of peace that entering the veines or conduits of the liuer which may semblably be likened to the Treasurers office and reflowing thence benignely disperseth it selfe into the members of the whole bodie resembling analogically the Commonwealth for the generall sustentation and nurriture thereof It is the bone of that strong arme by which the kingdome is in time of peace strengthened against all hostile attempts It is the marrow by which that bone is seasoned soupled and confirmed or rather that arme which is strongly nourished enabled and knit with those sinewes veines blood bones and pith wherein remaineth a proportionable strength guiding the sacred sword of iustice in hand The charge of Treasurers consisteth in the receiuing keeping and disbursing of the prince his money consisting in the reuenewes of his Empire amplified by the tributes of his subiects supplied by the subsides fines and forfeitures of cities societies and malefactors relieued with the tallages and customes of marchants and aduenturers magnified in the prizes and presents ordinarily resulting from forraine princes and people either friends or enemies and as Titus Liuius writeth Munera Quaestoris sunt pecuniae publicae acceptio expensio signorum militarium ex auro vel argentoin aerario asserâ—…atio praedae venditio subhastatio legatorum exceptio deductio hospitij assignatio All which were most honourable attributes peculiarly permitted to the Treasurers and as Lipsius noteth it such was that auncient honour of those Quaestores that amongst the Romanes of old it was permitted vnto them to make lawes and decrees to subscribe vnto suites motions and petitions being both keepers and presedents of the Lawes and of Iustice which power is with vs and in France deuolued vnto the Lords Chancellors howbeit in that realme principally where the Lord Chancellor is highest in the kings counsels of whom in all causes appertaining the weale of that state the king taketh aduice as of some oracle so that when any rescripts edicts or decrees contrarie to law bee by the king either vpon misinformation or negligence graunted the Chancellour hath ex officio power to cancell or annullate them whereupon was first deuised the name Cancellarius which office in Venice hath the most secret particulars of that state in managing and yet is not so powerfull in his authoritie Likewise the French Generalx des finances vpon the like considerations and respects may cut off or curtall at their pleasures the kings gifts and bounties issuing out of his Treasuries Lands or Reuenewes if in their wisedomes it seeme expedient and therfore as I should thinke they might by the like reason also be called Cancellarij because they Tanquam Tutores limit the kings mind intra rationis moderationis caucellos This counsell of Treasurers conuerseth in the exportation of such commodities as euery Common-weale out of her friendship or abundance exchangeth or ministreth hauing equall respect vnto the induction or reinuection of such other marchandize as their people need and couet most Likewise in all treasures vnder ground as in mines and minerals of gold and siluer copper tinne lead and yron the richest commonly belonging to the prince of that soyle where such treasures are opened and others either bygraunt or otherwise according to legall tenure of Frank Charter or of other immunities royall in tenure of such subiects as accordingly make payment to the custome or imposition of the prince or countrey Wherefore it behooueth that such as be chosen into that place and authoritie bee men not of learning and temperance onely but of good yeares and much experience also howbeit the Romanes did make choice of their Quaestores at twentie fiue yeares according to Tacitus Which greene age could not amongst vs haue had that maturitie of iudgement and foresight in these times that is required in a worthie Treasurer although amongst those Romanes in that golden age of nature we may by circumstances find that young noble men were in all the parts of their life generally temperate and frugall with a certaine specious apparance of liberalitie yet did not in theÌ„ appeare that precocitie which is in many of our young heads of this age
which are so free at the first that they bee soone poore and thredbare of vnderstanding before the bruit of their rare pregnancie be well dispersed and those young men were so well instructed from their infancie that they did contend how to bee thought most noble vertuous and fit for places of reputation in their countrey by suppressing many lusts motions commotions and vnperfect passions of the mind with a moderate domination of reason and constancie They were full of modestie full of dutie and full of such religion as then was professed amongst the prophane Gentiles obseruing in all words and deeds a temperat moderation without any deturpation or deformitie And these qualities in those young Romans worthily made them eligible and fit for such great dignities and offices The Lord high Treasurer of England his office is in the Exchequer erected by king William the first for safe custodie of his crown lands and of those records which may concerne them To which Queene Marie ioyned the Surueyors generall the court of Augmentations and reuenewes of the Crowne with the first fruits and tenths of Benefices being erected by that king of good memorie Henrie the eight This office is called Scaccarium of a certaine large square table which according to Geruas of Tilburie cited by M. William Camden hath a chequered cloth brought and spread vpon it in the tearme of Easter as a place or table of iust proportion account or iudgement in all causes respecting the royall treasure or reuenewes where all ciuile causes betwixt the prince and his tenants are indifferently decided Iudges in this court are the Lord high Treasurer of England the Chancelour of the Exchequer the Lord chiefe Baron of that court with other foure Barons assistants the Remembrancer Engrosser Controller Clearkes of the Pleas and of the Pipe-office Auditors with their clearkes Apposer Chamberlaine Clerke of the Streights Marshall Clearke of the Summons deputie Chamberlaines Secondaries to the Remembrancer to the Treasurer and to the Pipe-office Also in the office of receit M. Vice Treasurer Clerkes of the Tally and of the Parchments with diuerse other inferiour officers All which are ordained for the conseruation and amplification of those foresaid reuenewes and of diuers other pecuniarie duties ordinarie and extraordinarie by which the ciuile state of all principalities is necessarily sustained for it is manifest that without the competent force of mony no Commonwealth can hold together absolute in her members And to that purpose was it first deuised when people and nations were necessarily constrained to require supplies and succours out of remote countries by commutation of cōmodities through exportation and importation of them from and to forraine places howbeit the principall exchange is for gold and siluer coyned in little round plates and besantes of greater and lesse value being authorised by the edicts of those princes and Commonweales where they bee stamped and passe currant amongst the people Foure kinds of mettall haue auntiently beene coyned amongst the Romanes one of lead which when it first was deuised exceedeth all records of true memorie as Iust. Lipsius writeth another of brasse or copper which the Romanes therefore called Pecunia quod esset nota pecudis signata of which coynes diuerse vnder the Romanes here in Brittaine as well of copper as yron likewise were stamped according to M. William Camden in his booke of Brittaine antiquities Siluer amongst the Romanes was first coyned Anno ab vrbe cond 484. F. Pictore Qu. Oculeio Coss. The coyne of gold 62 yeares after the siluer C. Claudio Nerone Marco Liuio Salinatore Coss. The beginning and end of coyning was for commerce as by pieces of some value for exchange of other commodities to people of other nations by whose diuers and seuerall stamp◅s the countries with whom they traffiqued were knowne And hence is it that those coynes of mettall are infinite which dependeth vpon two reasons also the first is vpon couetousnesse of people which would abundantly bee serued with things which their minds couet for some needfull vses the second vpon pleasures for which many men seeke for great heapes of money but the want of things desired amongst men is infinite and the choice of pleasures endlesse all which are attained by money The desire of treasure therefore can neuer bee fulfilled according to the saying of Cicero Expetuntur diuitiae cum ad vitae vsus necessarios tum ad perfruendas voluptates Dilectant enim magnifici apparatus vitaeque cultus cum elegantia copia quibus rebus effectum est vt infinita pecuniae cupiditas esset A Treasurers prudent care and whole studie therefore leuelleth at all such honourable meanes and iust occasions as may serue to bring in diuers summes and how to maintaine a continuall haruest of getting to sustaine those infinite burthens of necessarie disbursement how to leuie for the Common-wealth with good discretion and nothing without vrgent cause Vnto which contribution that it may be more liberall and cheerefull is required that the people be generally well affected both towards the prince and vnto that common necessitie which importuneth the same for the better effecting whereof some plausible and effectuall declaration published vnto them by their Soueraigne readily prepareth their hearts moouing in them a more benificent kind of alacritie and therefore it is in such cases most behoofefull Vt omnes intelligant si salui esse velint necessitati esse parendum For beeing persuaded that the generall safetie dependeth thereupon you shall find the couetous readiest to contribute Moreouer it addeth very much vnto the loue of people towards their princes and to their good opinion of his grace and meekenesse vnto them correspondently when he by suit seeketh that which his regall authoritie might exact The respects are great and those necessities important which should vrge a prince to violence in those cases yet a good Soueraigne can neuer haue cause of compulsion For when the king which hath authoritie to constraine vseth a facilitie to persuade it importeth some vehement necessitie Can any priuate Commonweale mount without tributarie wings Or could the firmament of peace be cleere if all clouds had not first beene dispersed with the thunder of warre Are armes exercised without wages Are ships prouided of men victuals and of artillerie without mony How shall officers which be continually busied in ceaselesse seruice for the common securitie haue reliefe without salaries May vertuous or needie persons bee rewarded or succoured without some generall supplies Few be those princes of Christendome so neere as I can iudge whose owne priuat reuenewes are able to supply the publicke charge onely so that the more puissant any prince is in dominion and territorie so much more the common charge doth aggrauate his necessities For this office therefore all honest and needfull meanes of getting are to bee carefully studied and prouided towards the true maintenance whereof it highly benefiteth to forbeare all superfluous damnable and
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
darkening or obumbrating those intellectuall faculties with perturbations and deformities Such are those that acknowledge no lawes nor order Lastly the two legges which support the whole substance of all this little world are honest merchandise and tillage or husbandrie Merchandise consisteth in honest traffique and barter in exchange in exportation and importation of lawfull goods from and to places lawfull and authorized by the commerce and intercourse of Nations in league confederated with them and by permission of their prince which kind of mercature is fitly likened to the legge because it is exercised in trauell and seruice of the body to bring in that good which may supplie towards the generall benefite thereof Hence was it that the Philosophicall Poets fained Mercurius with wings at his feete whome they tearme the God of guile and merchandize There are three kinds of commerce Mercature Vsurie and Mercenarie mysteries the noblest of which is Mercature Of Vsurâ—…e I haue heretofore and shall hereafter as occasion offereth speake more largely the Mercenarie trades are such vnliberall and slouenly crafts as meerely consist in the bare workes and labour of the bodie according to Aristotle Poore merchants in euery State are dishonourable no more fashioning out a good Common-wealth than a small weake legge graceth a great bodie And therefore Cicero sayth Mercatura si tenuis sordida putanda est si magna copiosa multa vndiquè apportans multisque sine vanitate impertiens ac etiam si satiata questu vel contenta potiùs videtur iure optimo posse laudari Mercature being poore is odious being great and copious traffiquing and bringing in commodities with and from many nations and imparting againe to diuerse countries many benefites with good discretion and also when it is satisfied or contented rather with reasonable gaines is very lawfull and laudable And therefore in regard of their huge wealth and great entercourse with other nations of the world the State of Venice which principally consisteth of Mercature is accounted noble and very honorable as Bartholomeus Caepola writeth and without all doubt if it be not insatiate mercature is the surest legge of a Commonwealth specially to Maritime nations Ilands and free cities such as this kingdome of ours and that one very rich state of Venice at this day being in comparison of others such a concised seignorie and therefore one Lacon answered a vaineglorious merchant which boasted in his manie ships sent out to diuers coastes of the world for choise of sundry commodities very wisely thus Finis est lucro praescribendus propter varios fortunae euent us Merchants must limite a terme to lucre because fortune is variable least in a moment they loose that gaine for which all their life time they laboured and so be driuen into that infamous disease vpon the very desperate conceite thereof which the Romanes called in their lawes Decoction although through any misbehauiour or misgouernement in themselues they doe not deserue the report thereof With which bankerupt maladie Cicero bitterly snuffled Marcus Antonius in these words Tenesne memoriate pratextatum decoxisse Patris inquies ista culpa est etenim est pietatis plena ista defensio illud tamen audaciae tuae quod sedisti in quatuordeceÌ„ ordinibus cum esset lege Roscia decoctoribus certus locus constitutus quamuis qui fortunae vitio non suo decoxissent Remembrest thou that being in thy roabes of honor and magistracie thou diddest deceiue thy creditors percase thou wilt reply that it was thy fathers fault and in that excuse forsooth thou shalt shewe great pietie but was it not audaciously done of thee to take thy place amongst the fourteene orders of state whereas by the law Roscia there is a certaine place limited to banckrupt persons albeit they did breake by some accidentall misaduenture otherwise and not by their owne negligence or vice And herein appeareth how vile and odious this was amongst the Romanes insomuch as if a gentleman which had delt with merchants in their stocke or cash and broke in credit or promise the merchants did presently protest against his credit and proclaime him fallen into the shame of Decoction of which Lucas de Penna But that merchandise or mercature is a principall and most needfull state in all cities and policies it appeareth as well by continuall proofe as amongst other trades mentioned in the wisedome of Iesus the sonne of Syrach Also Plato in institutione reipub writeth how merchants and agents in traffique are most behoouefull in euery good citie The difference betwixt them according to the legists is that a negotiatour or agent is hee that buieth commodities selling them againe without alteration of their propertie such are they which transport and batter for tinne copper yron raw silkes wooll or woollen-clothes with such like which they sell againe in the same nature Those are properly called merchants which buy these commodities selling them altered into certaine instruments or implements as ordinance belles vessels stuffes of silke clothes and garments with other ingenuous needements for vse of people by their mechanicall trades learned taught and allowed by the wardens and masters of those trades and misteries in the places where they reside or dwell Husbandrie being that other support or tressle of this politike body which consisteth of pasturage or tillage may be worthily thought the right legge and therefore according to the prouerbe I should haue set foorth the right leg first Howbeit there is not any great difference yet Cicero specially commendeth this exercise both in his booke of old age and in his first of Offices saying that it is the fruitfullest and sweetest of all temporall labours which yeeld benefit and best befitting an honest man And likewise to Pomponius Atticus Nihil ad sapientis vitam agrieultur aproximè videtur accedere habet enim rationem cum terra quae nunquam recusat imperium nec vnquam sine vsura reddit quod accipit I will not stand vpon this being so much writ vpon and knowen onely that honour and reputation which was anciently giuen vnto it is notable For fome Romane Emperours with their victorious hands did hold the plough did cast corne into the ground did plant and did measure land with as great obseruation and intention as they would in time of warre busie themselues in limiting squaring fashioning and quartering their battailes and armies exercising with as much industrie and pleasure the spade and mattocke as in heate of youth their swords and launces Such were Cincinnatus Serranus Portius Cato Also the Fabij Lentuli Cicerones which had their names of pease of beanes and pulse in sowing of which graine each of them or their auncesters had exceeding knowledge albeit most renowmed warriours Cicero likewise writeth of Martinius Dentatus who did triumph ouer the Sabians and Samnites and yet contented himselfe with a little land and some few cattell Gaudenti terra vomere laureato triuÌ„phali aratore The land reioycing in a
laureate plough and in a ploughman which had borne triumph froÌ„ the warres Semblably we reade that Deiotarus king of Armenia was a most diligent husbandman and Xenophon obserueth in the life of Cirus how painefull hee was in tillage and rusticall labour For it is manifest that out of such folke very strong and apt souldiers are chosen and enabled for the warres because through laborious exercise their bodies are better knit and confirmed in health and strength then either merchants or artificers which dwell in the walled townes And hence was it that the Romanes erected without the city those temples to their saint of Medecine Esculapius constantly beleeuing and meaning that villagers were in better health then citizens or such as inhabited walled townes They which haue written of the dignities of agriculture and husbandrie were Chares Parius Hesiodus Apollâ—…dorus and Lemnius in the Greeke language amongst the Latines Cato Varro Columella Virgillius c. And in this order according to my weake inuention and iudgement haue I fashioned and appropriated the politike parts and members of a Common-wealth hauing also giuen soule and life vnto it Now for as much as it behooueth needfully that these members vnder one head and of one body should harmoniously conuerse and consent in loue and sympathie which nature teacheth in our owne bodies by the compassion and succour that one member hath of and in another by supplying health to the common defects and mutually mitigating the maladies in themselues with a kind of reciprocall tolleration passion and consent indifferently I will speake somewhat of that vnitie which God out of his infinite benignitie offereth and teacheth vnto vs of this nation so coupled and aduned vnder your highnesses sanctified scepter The lawes of nature as I said teach vs how pleasant and consonant it is with the spirit of life that all members accord in affection and mutuall aide one towards another Since therefore it hath pleased the true wisedome and omnipotent grace of God to make of these two kingdomes one bodie vnder one head meseemeth it should not sticke in any mans opinion how the same can any way prooue vnfit or vnprofitable Which diuerse more vpon peruerse opinion than any reasonable consideration impudently seeme to beleeue But the wiser sort which though fewest in number are soundest in iudgement perfectly know the contrarie In magna namquè repub multa varia ingenia sunt For the wits of people in a great Commonwealth be variable and many Yea such as are of repugnant opinions considering therefore that by nature euery bodie hath one head onely like one roote from which many braunches vnited in one tree doe spring if it be not a monstrous bodie so semblably should each head haue but one bodie for how deformed and horrible were it in the sight of nature that one head should haue two bodies especially whereas they bee knit by nature from the beginning as these kingdomes both in one roote being all members of one bodie from the first vnited then seuered againe by the great and most mysticall prouidence of Almightie God and now reunited in your Maiesties blessed gouernment for the accomplishment of Gods vnreuealeable and incomprehensible iudgement Since therefore we draw together in one yoake wee may not separate by dissent some with their stiffe neckes behind and others with their obedient heads before for oxen yoaked in such sort can neuer tyll the land nor tread out the corne but leaue it barren and out of order For it is impossible that the labour should succeede well when some kicke with their heeles when they should haue drawne with their heads making a distraction so much more violent through their disobedience by how much more force there is in them that are so distracted and from hence breaketh out the ruine and confusion of all good gouernment and policie which answereth to the saying of our Sauiour Christ Omne regnum in se diuisum desolabitur Euery kingdome diuided in it selfe becommeth desolate And if this should happen against which all good men should make their deprecations that God might auert the calamitie which would impend it Doubtlessely the same cannot but proceede from our owne maleuolence and peruerse distortion according to that true saying of Salust Vbi boni mores nunquam discordia nec auaritia vbi auaritia nunquam boni mores nec vera concordia c. Where good manners and honest fashions are vsed neither can discord nor auarice bee found but where auarice reigneth you shall neuer find good manners nor true charitie And therefore let vs watch and pray that wee fall not into discord at any time after this our blessed vnion composed by that sacred and most charitable hand of our liege soueraigne least by those disastrous means we become fearfull of those nations whoÌ„ otherwise we may retaine in due fear of vs. Turne we therefore with ioyfull vnanimitie one towards another and let vs which haue receiued much light and true glory from so gracious powerfull a king detest all malicious factions and distractions which assuredly breake out of minds and spirits bare of honour and abiect vnto themselues in all vnworthinesse which are persuaded that auarice and ambition are the truest dignities in man more than all his other mentall and intellectuall faculties Firmanda sunt igitur concordiae vincula discordiae mala expellenda Let vs therefore make strong the bonds of our concord and expell the mischiefes of discord For it hath beene our auncient honour and the Brittaine glorie recorded of this Nation by Cornelius Tacitus Commune periculum concordia propulsandum cognouere Britanni in vit Iul. Agricolae The Brittaines by their mutuall and intestine concord knew well how to repell all common dangers to themselues Vnite we therefore cheerefully for according to Socrates this vnion of a Commonwealth is the very worke and scope of friendship and such as are true friends Ettam â—…b vehementiam amoris cupiunt connasci vnum ex duobus fieri Desire euen in the vehement heate of their loue to bee borne together againe and one entire to be made out of two bodies Which vnion or communion of the lawes and liberties with other emoluments answerable to the rule of need and decencie is confirmed by discipline and discipline comprehended in the Lawes and in Philosophie When England and Scotland were separated yet were they brethren for in one Prouerbe they did consent That England was the elder and Scotland the younger brother And of late yeares their accord was so naturall prognosticating this indissoluble vnion that to the breake-necke spight of our enemies our late peace of Englands dauncing in spirituall consolation fed vpon that counsell which the diuine Psalmist vttered Ecce quà m bonum quà m iucundum est fratres habit are in vnum And in the dayes of our fathers when any iarres happened betwixt vs they were such cauils or emulations rather as commonly fall amongst brethren which though they