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A00698 A vvoorke of Ioannes Ferrarius Montanus, touchynge the good orderynge of a common weale wherein aswell magistrates, as priuate persones, bee put in remembraunce of their dueties, not as the philosophers in their vaine tradicions haue deuised, but according to the godlie institutions and sounde doctrine of christianitie. Englished by william Bauande.; De republica bene instituenda, paraenesis. English Ferrarius, Johannes, 1485 or 6-1558.; Bavand, William. 1559 (1559) STC 10831; ESTC S102013 301,803 438

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the cōmon weale whiche do preache the holie worde of God therein shewe the waie of trueth to heauen teache menne in this transitorie life to seke life euerlastyng And contrariewise howe sore they offende whiche swarue from this waie and do not fede the flocke but leaue them that the wolfe maie deuour thē neuer setting before their iyes the reuengemēt of the great day of the Lorde from whiche no man can deliuer theim whereof ●ur onely sauiour Christ putteth vs in minde saiynge ▪ ●e must kepe and ●●●e all that they tell you whiche doe sit in Moyses chaire but do not after their workes ▪ For that must be vnderstanded of the Phariseis whiche yet sit in Moyses chaire and 〈◊〉 the lawe and put great burdens vppon mens shoulders whiche they w●●l neither 〈◊〉 theim selues nor ●n●e touche with their finger To whom it is s●●ed Woe be vnto you ye Scribes and Pharisies ye hypocrites And yet christians doe not straine curtesie to sit in the chaire of Pestilence In the meane while either flattering men of power or disperpling and sowyng abrode the tradicions of men neglectyng the word of trueth that although the veritie be vttered yet they dar●ken the same bothe with vncleannesse of life and cōtempt of the true doctrine and suffer it not to edifie A magistrate therefore which is also commaunded to feede must see that there bee men to enfourme the citie well appointed with Gods worde and to shewe the waye of a blessed life which is as it wer the onely foreship and sterne of the common weale The argument of the ●ourth Chapiter That the common weale can neither be beautified ne gouerned without the knowledge of the lawe which such men shall best practise as be learned therein and fauoure Godlines and iustice PIndarus the chiefe of those Poetes whiche were called Lirici saieth that the walles of Iustice ●e highe as Plato reporteth in the seconde boke of his common wea●e which Iustice I meane being alwaye in the presence of Iupiter the presidēt of Hospitalitie is exercised about the preseruacion of man for so muche as we must nedes vse the ordinaūce of the euerlastyng Goddes for the further vnderstandyng of the multitude and varietie of thinges For in his odes whiche he made vppon those that wonne the prices in the games at Olympus he writeth thus Where iustice the preseruer and assistour to Iupit●r the president of Hospitalitie is practised farre aboue the excellencie of man because the varietie of thinges is suche that to iudge theim righteouslye and as the time shal require it is harde and a special ordinaunce of the euerlastyng Goddes Surely the climbynge of these walles and maintenynge of iustice in a citie is onely peculier to suche as haue the knowledge bothe of God and mannes lawe To the sacred vocacion whereof who so haue yelden theim selues dooe professe the arte of the execution of iustice without which there is neither bande of mans life ne yet participation of any commoditie Whereupon Cicero calleth them the expounders of the lawe whom who so disaloweth if he so dooe because they be vnskilfull he abaseth the menne and not the Lawe But if he graunt thē to be learned and yet neuer thelesse not to be obeied he hurteth not the men but weakeneth the lawes and ordinaunces and misconstrueth the meanyng of a perfite common weale And like as the common weale can neither be appointed ne yet maintened without the fence of good ordinaunces so can it not be gouerned without assistence of learned Lawyers For who can as Socrates warneth vs in Plato gouerne better then he whiche sometime hath obeied gouernemente and knoweth what doeth belong vnto gouernement Who can better discerne that is right from that is wrong that is equall from that is vnequall that is good from that is euill then he whiche hath learned to examine al thinges accordyng to the rule of honestie and lawe for vnpossible is it for a man to practise that arte wherein he hath no skill But suppose there be in a commō weale some that be moued naturally to that which beareth the face of honestie and haue learned some what by experience howe to order the gouernement of thinges but yet without any knowledge of lawe and yet who be now commonly rulers in cities and countreys but suche whiche in dede ye maie after a sorte admitte if the number of the people be not so greate neither the affaires so diuers that they require anie exquisite gouernement but if the multitude be great the varietie of thinges causeth muche varietie of affaires the discerninge whereof is a verie harde poincte and requireth suche a perfect triall as is fetcht as it were out of the bowels of the lawes to open the fourme of iustice and equitie directed accordyng vnto vprightnes But in some poinctes whiche concerne the market prouision of victualles chapmanship the shambles corne daiely charge and forcast it maie so happen that a citie be so of ordinarie appoincted that it nede not much the lawyers helpe But I praye you when Iudiciall sentences must be pronounced when offendours must be punished according vnto lawes when brotherhods must be established that the establishement be not contrarie to lawes when statutes must be ordeined without the iniurie or detriment of others Shall they doe this well whiche knowe not what by lawe is forbidden and what permitted For accordyng to the lawes must we examine al our doinges and attemptes in the common weale no lesse then goulde is tryed by the touche stone For surely to this ende be iudgementes deuised that euery man maye come by his owne and that that is right maie be obteined in our ciuill course of liuyng Whereof I dooe appoinct two kindes one whereby cōtrouersies are determined another wherby offendours be punished If thaccion be but euen for the value of iii. halfpēce if thou iudgest it wrongfully thou offendest as sore against the lawe as if it were a weightier thinge especially if it be a poore mans plee whiche lightly is but for some small matter For it is not the qualitie of the thinge whiche maketh the Iudges sentence right or wronge but the rule of equitie and lawe which muste be had at their handes that haue obteyned the knoweledge thereof and haue bestowed their diligence and endeuour to saue the ciuill societie and to defende the honour of the common weale For the Lawiers house as Lucius Crassus saieth in Tullie a man well studied in the lawes touchynge bothe diuine and humaine thinges is as it were the oracle of the whole Citie for a witnesse whereof wee may alledge Quintus Mutius Sceuola one that as he was the eloquentest of Lawyers so he was the best lawyer of all Oratours whose gate was daiely haunted by a great number of Citizins and worthy personages althoughe he him selfe was bothe vexed wyth sicknes and also farre strocken in age Cneius Scipio Nasica whom the counsel for honours sake surnamed the Best
Sabinus Cato that flourished in his time Domitius Vlpianus Pomponius Alphenus Callistratus Venuleius and other worthy learned counsailers of the Ciuill Lawe scholers vnto the famous Lawier Papiniane Now soche muste bee called to be of the counsaill a thing bothe verie precious and marueilous holie and soche must bee ioyned in part of gouernement as bee knowen to be wise men louers of the truth vertuous and that dread God Not coueteous no flatterers but soche as will giue no counsaill but honest and profitable to the common weale to whom Iustice the onelie staie of kyngdoms and worldly thinges is dearer then their eyes yea then their verie liues These bee thei that can bring an euill Prince into the true waie and make him good stablishe the people and ciuill societie se that euery man haue his own These be thei whom Moses was commaunded to appoinct ouer the people in this sort Prouide thy self from amongest al the people wise men and soche as feare God in whom there is trueth that hate coueteousnes and maie iudge the people at all tymes c. If thou dooest this thou shalte fulfill the Lordes commaundement and kepe his preceptes Whiche when he had heard Moses did all as he had aduised hym and chosyng certaine stoute men out of all Israel appoincted theim Princes of the people capitaines of Tribes hundredes fiftie and tenne men whiche Iudged the people of God at all tymes Iudgyng them selues onely the light matters and teferryng the more weightie to his decision When soche men beare stroke in courte that pestilent saiyng if it like ▪ it is lawfull ▪ can take no place ▪ But euery good Prince shall saie as Antigonus aunswered flatterers whiche tolde hym that all thynges were lawfull to Princes all thinges were honest and iuste whatsoeuer thei liked that is a barbarous opinion For thei ought to thinke nothing to bee honest vnlesse it be honest in deede nor yet iuste vnlesse it be iuste in deede So fatte is he thought to bee vnwise whiche is not wise to hymself and hateth not soche thinges as be vnseamly accordyng to the notable saiyng of Alexander I hate that wise man whiche is not wise to hymself Whiche thinges if thei were set before our Princes iyes more iustice and truth and lesse flatterie should reigne in their courtes The argument of the. iii Chapiter That it be●oueth s●ch as be of kinges counsails or be conuers●unt in their co●●tes to bee menne of greate experience in worldly affaires HOw then very experience doth teache vs that good coun●a●llors and good courtiers make a good Prince whose busines is so moche the greater the higher the office is whervnto thei be called and put withall in ●ruste For by them ● Kyng muste ru●e and leane vpon his scepter which must be streight and the signe of Iustice as vpon a walkyng staffe or strong sta●e and thereby to saue himself from fallyng whom therefore the Emperours H●norius and Ar●adius doe name part of the●● body ▪ Into which place of authoritie it is not con●eniente to ●hose y●●gl●●●es no● common persones ne yet any of base estate but soche onely as bee well ●●owen in y●res learned bothe in the l●●e of God and man whiche haue ruled their owne houses ▪ 〈◊〉 and honourablie whiche 〈◊〉 by lo●● 〈◊〉 go●●en them selues wisedome whiche therefore men doo● call the daughter of Time Then ought we not to thinke that by a superficiall knowlege in either the Lawe or Philosophie we shall be able to vnderstand what is comely or profitable for the good orderyng of the common weale vnlesse we haue further some vse of excercise or practise in that behalfe For how can it be that soche a mā should in al poinctes vnderstand or throughly searche out to what ende thinges would growe that be practised in the common weale wherevnto he muste as it were bend and leuell all the force of his minde as vnto a certain marke whereas he neither can tell what thing apperteineth to the common profite ▪ neither can by coniecture ne yet by any experience be ledde to vnderstande what shall afterward befall Wherfore the sa●yng of Plato where he affirmeth that soche cōmon weales bee happie where either kynges bee Philosophers or Philosophers be Kinges must be accompted as Gods owne woorde if ye so vnderstande Philosophie that it bee the knowlege of thinges touchyng bothe God and manne ioyned with the desire to li●● wel ▪ that is to wete soche as profiteth in common frameth citezēs and he that is learned therein bestoweth his labour not onely vpon himself and his frendes but also vpon his countrie and common weale to ●e● ad●●ned in the wa●e of vertue For I doe neuer make any reckenyng of soche crabbed Philosophers whiche will soner cause vs to allowe the Vtopiane common weale then that whereof we haue any vse or occasion of practise For soche be not admitted vnto the commō estate but tary in the shadowe wonderyng at the secretes of nature and if thei happen to touch any thing concernyng the partes of a common weale thei doo● more apply it to the inquisicion of nature and quiddities of subtilitie then to open the true vse of thynges wherevnto the● them selues ne●er atteined Here vppon arose it that Socrates and Plato allowing him thought it best that mennes wiues should be common Aristotle brought the po●●tike and ciuill life vnder a contemplatiue ●●udie The Grekes holde those common weales to be in best state wherein dominions be gotten by force of armes To passe ouer lightlie other fantasticall and idle imaginaciōs fitter for old women to talke on then furtheryng in any poincte the forme of good gouernement Certainly he that is well mynded toward the common weale will endeuour as moche as lieth in hym to make the subiectes if thei be alreadie good a greate deale better if thei be alreadie learned a greate deale better learned louers of godlines fauourers of iustice and equitie notable for their vertue and soche as will not preferre any priuate profite before the publique affaires lest that doe happen whiche the verie childrē were wonte to syng ill counsaill is worste vnto the counsailour hym self For the Phrigians when thei had receiued harme fell to be wise but to late Neither is it other wise to bee thought but that an honourable counsaill shall be bothe profitable and also for the honour of their Prince And therevpon is it that the counsailours rulers and officers of Salomon the wisest kyng that euer was in Israell be named in the holie scripture that all men might see of what dignitie those men were by whom he purposed to support his realme Whiche thyng Saba the quene of Egipt and Ethiopia as Iosephus writeth could not but highlie commende saying thy wisedome and thy workes be a greate wa●e worthier then the brute whiche I haue heard of thee Happie ●e thy menne and happie be thy seruauntes whiche ●●ande alwaie before thee
to be in daunger of losing that which thou hast geuen to them and the hospitalles and other places appointed to Godly vses to be mainteyned and enriched of that whereof thou hast spoiled the pore by vnlawful practises For y ● place wher naughtie gottē goodes be laied vp vseth not lightlie to be fortunate and daiely there ariseth disturbers of the same so that the prouerbe semeth true an euil rauen an euil egge Finally although these dsurers chaunce to conuey their goods thus naughtely gotten vnto their heires yet they be neuer the better but are bounde to make restitucion vnlesse they will abide the aduenture and daunger that maie ensue of theim For it dooeth not lightly happ● that the third insuccession enioieth such wicked wealth gotten by thenerye and rauin For so muche as we by diners experimentes haue found this saiynge most true as though Appollo him selfe hadde pronounced it That the thirde heire shall not enioye yll gotten goodes but that which is yll gotten is commonly yll spente as Plautus saieth It is also an vnluckie thinge to haue in possession yll gotten goodes although a man do not knowe it For they be euen as pernicious to kepe as the golde of Tolosa which was the cause of much calamitie Mine entent was onely to declare how execrable a thing it is and pernicious to a common weale to practise vsurie wherewith a man of conscionable dealing wil neuer defame him self But by how many sortes by what couyne and disceites it is practised the bookes of the ctuill lawe dooe euidently declare ⸫ THE Seuenth Booke concernyng the good ordering of a common weale The argument of the first Chapiter It is not ynough for a Citie to be populous and weal thie vnlesse it beare it self vpon good order and Lawe ▪ and that nether ill language ne yet dronkennes be suffered with in it THales the Milesiane vnto whome after long contention aswell the Coianes as his owne countreie men gaue the Golden treifoote whiche the Fisshermen had drawne vp as to a man of moste wisedom said that the worlde was a thinge of most excellēt bewtie bicause God had made it Suche a builder he meaned as without any assistence of coūsell ones made al thinges perfectly and in beste maner After the proportion whereof a citie ought to bee framed not onely furnished with in habitauntes and wealth but also bewtified with good orders vertues Thei therefore to whō the charge of gouerning goddes people is committed must do their ende●●●r to bringe their Citie into a commendable forme that it doe not 〈…〉 by the number of inhabitauntes and rit●●●● for that were to buyld vpon sandes But thei must more depelie weigh the matter minister such in warde nurrishment wherby the Citizens myndes maye be nurtured vp to vertue which is the chiefe reason wherfore we desire the companie of men to the intent the congregacion and assemblie maie bee honest and reuerent wherein we shoote at honestie and goodnes as it wer at a marke with all attentiuenes of minde I haue alreadie spoken of moste of those thinges whiche I thought conuenient for Citie that is well appointed of inhabitauntes wealthe and commodities that accompte the nothing profitable vnlesse it be honest not therein to do any thing whiche we would not haue done againe to our selues nether in our doynges to committe anye point of dishonestie Which to saye the trueth falleth best out when the common weale is in quiet peace For suche as he of naughtie and leude liuing will not suffer good men to do well but will procure manye hinderaūces to staie the good successe of vertue For bicause they them-selues care not for well doyng they delight to shewe their enuie and spite vpon such as doe the contrarie h● wheit they do not escape scotfree For thei therby se vertue and in seing it euen pine awaie Whiche grudge of consci●ce they do inwardlie feele but become nothing the better therby wherfore the common weale must be ridde of such noughtie persons that there be no such present occasion and open libertie giuen to offende and to liue viciouslie For as Terence sayeth to muche libertie maketh vs all worse and the nature of vice is like to a leprosie for it infecteth and allureth other to dooe the like and so the cockle doth not onelie hinder the good wheat it his growyng but spreadeth it selfe ouer all the grounde where it groweth and so choketh it We muste not therfore beare with anye such vices as do cause vs to decline from honestie as be aduolutrie hooredome māsl●ughter spoyle vsurie baudri● ▪ banquetting glotonie dronkennesse idlenes deceit periurie double dealyng couetousnes and other lyke enormities whiche doe so encrease that it is holden in maner as a vertue in some one of them to be notable For who is he at this daie whiche doeth not thinke it naturall to stayne and pollute his bedde with hooredome and ●audrie which doeth not in ieast accompte spoyle vsurie and deceit as thinges goten by dewe loane Which estemeth not bellie cheare continuall glotonie dronkennesse and the vnreconuerable losse of time as a refresshing to his bodie and one parte of mans felicitie nothinge consideringe the sayinge of saincte Paule that the wicked shall not possesse the kingdome of god likewise aduouterers fornicatours thieues dronkardes couetouse men raueners backebiters and idolaters shall not enherite the kingdome of heauen for thus he saieth do ye not know that the vniuste shall not enherite the kingdome of God Bee not deceyuid for nether aduouterers idolatres fornicatours weakelynges buggerers theiues couetouse persones dronkardes backbiters nor pillers shal enherite the kingdome of God Vpon whiche saying if we would earnestlye fixe our eyes and mindes we should not be so prone and readie to all kind of iniquitie and there should be no lesse godly zeale then naturall loue among Christians He that is in heauen wil admit no cloake nor colour he wil not be mocked but as a rightwise iudge searcheth iudgeth the hartes And therfore all dissimulation all falshode all forged pretences set a parte he that hath stollen let him steale no more he that hath ben a fornicatour lette him flee fornication he that hath ben an adnouterour let him abstayne from aduoultrie and bringe furthe fruites worthie of repentaunce otherwise he can haue no parte of inheritaunce in heauen for it is not ynoughe to turne from euill and to renowme the sinne of the bodie vnles wee hartelie doe that is good and bring furth the fruite of light in goodnes iustice and truth Thus we see that no man ought eyther to deceyue or to oppresse his neighbour or any other in any kinde of conference or worldly affaires For God is he that taketh reuengement of all these thinges When a Citie is thus clensed of corrupt customes let iustice whiche conteyneth all vertues take place the grounde whereof I my selfe dooe take as Tullie also doeth to be a ciuill kinde