The six bookes of a common-weale. VVritten by I. Bodin a famous lawyer, and a man of great experience in matters of state. Out of the French and Latine copies, done into English, by Richard Knolles

CHAP. VI. [ F] ¶ Whether it be conuenient or expedient for the Maiestie of a soueraigne Prince to iudge his subiects him selfe, or to be much conuersant with them.

IT may seeme vnto some that this question not before reasoned of, hath not in it any doubt, and that it is not needfull for vs far∣ther to enter there into, considering that all the auntient and wise polytitians are of accord, that kings were neuer for other thing established than for the administration of justice, as saith Herodotus speaking of the Medes; and Cicero likewise of the Ro∣mans;* 1.1 as also we read that the first kings of Greece, Aeacus, Mi∣nos, and Radamanthus had no title more honorable then the title of Iudges; who for [ G] they with great equity administred iustice, are by the Poets reported to haue obtayned of Iupiter an euerlasting power & office for iudging of the ghosts in hel. And albeit that Homer calleth princes the pastors, or feeders of the people. Yet so it is that the title of Iudges hath long time after him continued in the person of the princes of Athens, who had the soueraigne gouernment for ten yeares. And not onely the princes of the Medes, the Greeks, and Latins, but euen the Generals also, who were as soueraignes amongst the Hebrewes, had no other title then the title of Iudges: And at such time as they demaunded of Samuel (now wearied with age) a king, they ioyned thereunto, that he might iudge them, as other kings did their people: Which showeth suffici∣ently that the principall charge which they had, was to doe iustice themselues in per∣son. [ H] And the principall reason that might moue the princes themselues to iudge the* 1.2 subiects, is the mutuall obligation which is betwixt the Prince and his subiects: For as the subiect oweth vnto his lord all duety, aide, & obedience; so the Prince also oweth vnto his subiects iustice, guard, & protection: so that the subiects are no more bound to obey the prince, than is the prince to administer vnto them iustice. Neither is it suf∣ficient to haue it done by an other man, as by the Magistrate at the Princes command, seeing that the subiects being commaunded to yeeld their faith and obedience vnto the prince, cannot do it by their Deputies, but onely by themselues in person; and that this obligation betwixt the Prince and the subiect is reciprocall. Howbeit that it is lesse inconuenient that the vassall should giue his faith and homage vnto his Lord [ I] by his deputie, than the Lord to do him iustice by his officer, for that the obeisance of the subiect in this case cannot be called in doubt: whereas the subiect hath no war∣rant that the magistrat or officer shall not suffer himselfe to be by bribes corrupted, which the Prince will not do, who is therefore still aunswerable before God, vnto whom he cannot say that he hath therewith charged the conscience of his Iudges, his owne thereby being not discharged. Besides that it much and notably concerneth Commonweales, that they which hold the soueraignty should themselues doe iustice: that is to wit, the vnion and amitie of the Princes with the subiects, which cannot bet∣ter be nourished and maintained than by the communion of one of them with the o∣ther, which is lost, and brought to nought, when the Princes do nothing but by their [ K] magistrats and officers: For so it seemeth vnto the subiects that their princes disdaine and contemne them, a thing vnto them more grieuous than if the prince should him selfe doe them wrong; and so much the more heauy, as a contumelie or disgrace is* 1.3 more hardly to be borne, than is a simple wrong or iniurie. Whereas to the con∣trarie when the subiects see their Prince to present him selfe in person vnto them to do them iustice, they go away halfe contented, albeit that they haue not that which they desired, or at least wise they will say, The king hath seene our request, he hath heard our difference, he hath taken the paines to iudge our cause. And if so be that the sub∣iects

be by their king seene, heard, or vnderstood, it is almost incredible, how much [ A] they are rauished with contentment and pleasure, if the Prince be neuer so little vertu∣ous, or haue any other commendable qualitie in him. Besides that there is no greater meane to giue authoritie vnto his Magistrats and officers, and to cause iustice it selfe to be both feared and reuerenced, than to see the king him selfe sitting in his regall throne to do his subiects iustice. Moreouer the Magistrats often times doe wrong and iniu∣rie vnto the subiects by standing vpon the nice clauses, words, and sillables of the law, which they dare not passe, as being bound and subiect thereunto. And in case that they make any conscience to iudge according to the strictnesse of the law, they must yet first send their reasons vnto the Prince, and attend his aunswere, and exposition of his Edicts and lawes made according vnto the opinion and aduise of his other officers, [ B] who will often times see the suters purses bothom; in such sort as that many sutes liue longer than the parties and suters them selues, yea and some times are for euer suspen∣ded. Whereas if the Prince him selfe in person shall vouchsafe to iudge the matter, he which is the liuing law, and aboue all ciuill lawes, being accompanied with his Counsell shall doe both good and speedie iustice, as hauing respect vnto the verie ground and equitie of the matter, without farther standing vpon titles and formali∣ties. By this meanes also so many oppositions, appeales, ciuill requests, remouing of causes, infinite decrees, one of them vpon an other, which make sutes immortall, should cease, and iustice without stay or let take course, no appeal being to be made from the Prince. Ioyning hereunto also that the Commonweale should so be relie∣ued [ C] of the great charges and wages which it alloweth vnto Iudges, and of their parti∣cular fees which are aboue measure heauie; besides the bribes and presents which must be giuen, which often times passe the ordinarie fees, in such sort as that the subiects in steed of hauing good and speedie iustice (which the Prince oweth them) are constrai∣ned to paie for it as for the most precious thing in the world: howbeit that oftentimes it happeneth, that the marchant is well paid, and yet the marchandise by him deliuered is right little or nothing worth. And yet there is another verie considerable point al∣so: which is, That the parties contending are sometimes great and honourable, as that they would neuer answere before many judges, in discredit for their vnworthinesse, ini∣quitie, [ D] or other like qualitie, whereby it oftentimes commeth to passe, that they end their suits and differences by combats and dynt of sword: whereas the Prince in pre∣sence might euen with the twinkling of his eye set them agreed. And were it that no other greater profit were thereby to come vnto the Commonweale, then that the prince by vse and exercise of iudgement should haue the force of right and iustice throughly engrafted in his mind; what greater or better thing could there bee wished of almightie God either for the prince or for the subiects, than that hee might most cu∣riously and seriously learne daily to administer iustice? The knowledge of other artes and sciences, which is it selfe a thing most royall, and so most proper vnto kings. For as for the knowledge of armes, and of martiall affaires, it is well fitting a Prince against his enemies, whereas iustice is most necessarie for him at all times, and in all places, [ E] whether it be in peace or warre.

But not to rest altogether vpon reason and arguments, we will also vse the examples* 1.4 herein of the most wise and noble princes. VVhat man was there amongst men to be in wisedome compared with Salomon? And yet we read, That the onely prayer that he made vnto God, was to obtaine wisedome wherewith rightly to iudge his people, which his prayer was so acceptable vnto God, as that he seemed therefore most plenti∣fully, and to the great worlds wonder, to haue powred out vpon him all the treasures both of wisedome and of knowledge; that so all men might vnderstand God not one∣ly

to haue inspired him with wisdome, but also that the office of right iudgement was [ F] euen by God himselfe giuen vnto kings; who was also for experience in great affaires and politike wisedome like vnto the Great Augustus? And yet neuerthelesse wee read that he without ceasing was still busied in the administration of iustice, insomuch that euen when he was sicke, he caused himselfe to bee carried in his horselitter to doe iu∣stice. Howbeit that that was the ordinarie vacant time of the Roman emperours, who for the administration of iustice were commended aboue all the princes of the world,* 1.5 euen so farre, as that a poore old woman to whom the Great emperour Adrian refused to aunswere her preferring vnto him a request, excusing himself, That he was not then at leasure, Raigne no longer then (said she) but discharge thee of thy charge thou bearest. Whereunto the emperor hauing not what to answere, presently staid & did her iustice. [ G] Now then if so great a prince (whose empire was bounded with the same bounds that the course of the sunne was, and troubled with so great affaires) acknowledged the bond, To doe his subiect iustice: what ought they then to doe which hold but the scantlings of that great empire? Ought not euerie one of them to enforce himselfe in his owne person, and to studie with all his power, how to imploy himselfe for the do∣ing of iustice? considering that (as Plinie the yonger saith) there is no more noble Phi∣losophie, than to entreat of the publike affaires, and to doe iustice, putting in practise that which the Philosophers haue taught.

Now if the knowledge of that which is right, and the administration of iustice, bring so many & so great profits vnto princes; how much greater shal the same then be, if they [ H] * 1.6 shall by themselues handle but those things onely which are proper vnto their soue∣raigntie? For as for the rest of the ciuill affaires, a prince may well commit them vnto the magistrats: but the rights of soueraigntie, and the deciding of them, hee can in no wise put off, but together with the soueraigntie it self. Surely they are verie blind, deafe, and dumbe, which neuer but by other mens eies see, and by other mens eares heare, and by another mans tongue, and that oftentimes a straunge tongue also, speake and talke of such things as are theirs, and most proper vnto themselues. Now wee haue before shewed also, not by the examples of straunge nations onely, but euen by the examples of our auncestours also, the idle slothfulnesse of kings, who committed the mannaging of all their affairs vnto their domesticall seruants, to haue thereby brought both them∣selues [ I] and their posteritie vnto destruction.

These arguments and reasons thus by vs before alleaged, make a faire show vnto them who sufficiently vnderstand not, nor by experience know not, the secrets of soue∣raigntie,* 1.7 and hidden knowledge for the maintaining of maiestie: But vnto me looking neerer into the matter, they are not sufficient to resolue this question, nor to maintaine, That a prince ought in person himselfe to administer iustice: Yea vnto mee it seemeth not onely not necessarie, but not profitable vnto the subiects, the prince himselfe to bee vnto them the minister of iustice. True it is, that for them so to do, it should bee not onely profitable, but euen necessarie also, if the princes were themselues such as Scy∣lax faigned vnto himselfe the kings of the Indians to be; that is to say, so much better [ K] than their subiects, as the gods are aboue men. For what can bee more glorious or more royall, than to see a prince by himselfe in the open sight of the people with great integritie and vprightnesse iudge and decide causes, to giue rewards vnto such as haue well deserued of the Commonweale, and to inflict punishment vpon the wicked and offendors. For he must needs be a good and wise man himselfe, which is not deligh∣ted but in the companie of good and wise men: and he must needs excell in integritie and iustice, who himselfe with great equitie administreth iustice. But shall we therfore say, that vitious princes ought to thrust themselues into the sight, and so to communi∣cat

their vices vnto their subiects? the least vice in a prince being like vnto a canker in [ A] a faire face: and so to doe, what were it els, than in the sight of the people to set vp an example of vice, to lead men, to draw them, yea & euen to enforce them to be naught? For there is nothing more naturall, than for the subiects to conforme themselues vnto* 1.8 the manners, vnto the doings and sayings of their prince; there being neither gesture, action, nor countenance in him, be it good or bad, which is not marked, or counterfai∣ted by them which see him, hauing their eyes, their sences, and all their spirits, wholy bent to the imitation of him. So that Plinie well called the princes life a Perpetual Cen∣sorship, whereunto we still direct and conforme our selues. And this is a doctrine from most auntient antiquitie deliuered vnto all posteritie, first by the maister of wisedome himselfe, and after by Plato, Cicero, Liuie, and Cassiodore, repeated as an infallible rule, [ B] That such as the prince of a Commonweale is, such will the people also be. Yea Theodoric king of the Gothes, writing vnto the Senat of Rome, passeth further, vsing these words, Facilius est errare raturam, quam dissimilem sui princeps possit Rempublicam formare, An easier thing it is (said he) for nature to chaunge her course, than for a prince to frame a Commonweale vnlike vnto himselfe. And though examples need not in so plaine a matter, yet we haue seene king Francis the first, in this realme, and Mansor, surnamed the Great, emperour of Affrike and Spaine, who both two in diuers times, and in diuers places, began to haue learning and learned men in estimation; when suddenly the prin∣ces, the nobilitie, the cleargie, yea euen the souldiors and artificers, with all the people in general, gaue themselues so to learning, as that there was neuer found so great a num∣ber [ C] of learned men in all languages, and in all sciences, as in their time. Seeing therefore* 1.9 that the princes example is of so great force and power for the conforming and chaun∣ging of his subiects manners, either to good or bad; great heed is to bee taken, that the prince, except he be by nature wel, and by education better framed and instructed, come not much abroad for the people to behold and imitat: but if he be euill & wicked, then by all meanes to be as a popular and common plague kept out of the sight of his sub∣iects. Yet haply some man may say, That an euill prince should not therefore abstaine or withdraw himselfe from publike affaires, or from the iudgement place or Senat; for that no man was so bad, but that he hath in him some vertues or commendable quali∣tie; or which cannnot at leastwise dissemble some of his vices: of which his vertues & [ D] vices, his subiects may make choyce, in such sort as that they may easily decline the one, and embrace the other. But in mine opinion and iudgement, they will rather imi∣tate* 1.10 his vices, than his vertues: and so much the rather, by how much the corrupt na∣ture of man is more prone and enclined vnto vice than vnto vertue; as also for that there is but one most strait way which leadeth vnto vertue, wheras on both sides there are innumerable crooked by-wayes and turnings vnto vice, whereinto they may more easily fall, than into the straight and right way of vertue. In Alexander the Great were many most rare and heroicall vertues, yet so it was, that he greatly blemished the beautie of them, as also of his other noble acts, by an euill custome that hee had to bee drunke; wherein he tooke such delight, as that hee propounded a talent as a prize vn∣to [ E] * 1.11 him which could drinke most: in which beastly contention and strife fortie toge∣ther with him which had gained the prize burst and perished; hee himselfe almost loo∣king on. Mithridates also king of Amasia, imitating of Alexander the Great herein, surpassed him, that hauing set vp a prize for him that could eat and drinke most, hee (as Plutarch saith) gained the foule victorie in both (if to bee ouercome of intemperance and excesse be to be accounted at all a victorie.) But to counterfeit vertues, or to dis∣semble vices, as it hath alwayes seemed a most hard thing vnto all men, so hath it especi∣ally vnto princes, for that they of all others haue least learned to commaund their de∣sires,

to restraine their lusts, to bridle their affection, which he that knoweth not how [ F] * 1.12 to do, shall neuer be a good or cunning dissembler. Dionysius the younger moued with the fame and vertue of Plato, caused him to be sent for vnto Syracusa, who had no soo∣ner begun to tast of the wisedome, vertue, and learning of the man, but that in a mo∣ment all minstrels, players, drunkards, bauds, harlots, and such like, were quite vanished out of the princes sight, and the court so suddenly chaunged, as if it had bene from hea∣uen inspired. But for that Dionysius had but chaunged his countenance, & not his mind, and cast out the allurements of pleasures, but not pleasures themselues; hee could not long dissemble his vices, eithes yet e•…•…dure Plato, who was no sooner gone out of the court, and disembarqued out of Sicilie, but that the prince forthwith returned vnto his woonted vices, by him before for a while forborne, but not quite forsaken: at which [ G] verie instant minstrels, dauncers, harlots, bauds, and such other vermine of the court, which had before bene driuen out were againe recalled. So much power the prince hath at his pleasure to chaunge and turne the harts of his subiects, but alwayes rather vnto vices and vanities, than vnto vertues. But I doe more willingly remember our own domesticall examples than others; king Francis the elder, for the healing of a wound he had receiued in his head, caused his head to be polled, when suddenly after all his houshold seruants, all the princes, all the nobilitie, the magistrats, the artificers, and people of all sorts in generall, caused their heads to be from that time forward pol∣led also, insomuch that if any did from thenceforth vse the old fashion, and account it an vndecent thing to be polled, he was therefore of all men derided: whereas before [ H] from the beginning of this kingdome, it had alwayes bene the marke of the kings, nei∣ther was it lawfull for any but for the nobilitie and Senators, to weare long haire: all the rest of the meaner sort being befor compelled to poll themselues as slaues, vntil that Peter Lombard bishop of Paris (for the power and authoritie which bishops then had aboue kings) obtained, That it might be lawful for the common people to weare long haire also. True it is, that the flatterers of princes helpe much to conforme the maners and fashions of the people vnto those of the princes, they still rather counterfeiting than imitating euen the vices and defects of the prince, whome if they see laugh, they laugh also, although they know no cause why; if he be lame, they halt downe right al∣so. Alexander the Great, and Alphonsus king of Aragon, beeing both wrie necked, [ I] the one by nature, and the other by custome, the courtly curres to counterfeit that their deformitie, held their neckes also awry; as the Courtier, and Plutarch in the life of Pyr∣rhus writeth. Seeing therefore the nature of man is enclined to follow the vice of the prince, were it not euen to vndoe a people, and to ruinat an estate, to thrust still into the sight of the people a prince euill brought vp; and a pottraitor of vices for them to imi∣tat? And yet it is more daungerous for that for one vice which the prince hath, often∣times those of his traine haue an hundred, who euerie where as they passe, may alter & marre the good disposition of the people; or like swarmes of flies & caterpillers, who hauing deuoured the leaues, and fruit, do also leaue their spaune behind them, able to insect the fields and trees be they neuer so cleane and fruitfull. [ K]

But suppose we the prince not to be vitious (a rare gift, and by the goodnes of God giuen vnto men, when as in euerie age a tollerable prince is scarcely to bee found) but to be of great vertue and perfection, yea euen a man without fault (howbeit that there is a great space betwixt them which are endued with vertues, and them which are with∣out vices) yet is it almost a thing impossible, but that some thing shall at one time or other fall from him, which wel noted may seeme vnto the people foolish or rediculous: wherein much is derogated from the reputation and dignitie which the subiects ought to haue of him. But let vs suppose that also, him to be neither a man euill giuen, nor

foolish; neither yet so to seeme, but to be a man endued with great vertues, and of good [ A] * 1.13 education; yet so it is that too ordinarie conuersation, and too great familiaritie of the subiects with the prince▪ much diminisheth his maiestie, and withall engendreth a cer∣taine contempt of him: of which contempt proceedeth the disobedience of the sub∣iects vnto him and his commaunds, to the ruine of the whole estate. And now againe to the contrarie, if the prince to maintaine his maiestie shall ordinarily show himselfe vnto his subiects, in his greatnesse, with a terrible port, it may be that so hee may bee the more of them redoubted: but it is daungerous least he should be therefore the lesse lo∣ued. Whereas the loue of subiects towards their soueraigne is much more necessarie for the preseruation of an estate, than is feare; and so much the more, for that loue can∣not be without feare to offend him whome wee loue; whereas feare may well be, and [ B] most often is without any loue at all, men commonly hating him whome they feare, and as occasion serueth still seeking to take him out of the way.

And truely vnto me more deepely considering of the matter, almightie God (the* 1.14 soueraigne prince of the whole world) seemeth to haue shewed a short way vnto worldly princes (the true images of himselfe) how they are to communicat them∣selues vnto their subiects, to be of them both beloued and feared: For the communica∣teth himselfe vnto men but by visions and dreames, and that but to a few of the elect & most perfect of them also, men of great integritie of life. But when hee with his owne voyce published the Ten Commaundements, he caused his fire to bee seene heauens high, and the mountaines to tremble with thunder and lightning, with such a dreadfull [ C] sound of trumpets, that the people strucken with feare, and falling flat vpon their faces, besought him, That hee would no more from thenceforth speake vnto them himselfe (for that otherwise they should all die) but onely to commaund such things as he plea∣sed by his seruant Moyses. So that that people of all others most chosen, had but once almightie God (who sheweth himselfe but in spirit to be seene) himselfe sounding forth his lawes; when as yet for all that to allure men the more feruently to loue him, hee at all times, and in all places and countries, doth with great loue, and eternall bountie, fo∣ster and cherish all mankind, yea indeed all sort of liuing creatures, powring continual∣ly vpon them his great and infinit fauours, larges, and bountie. If therefore the wise [ D] prince ought in mannaging of his subiects, to imitate the wisedom of God in the go∣uernment of the world, he must but seldome times come into the sight of his subiects, and that with such a state and maiestie, as best agreeth with his wisedome, power, and greatnesse, and yet make choice of some few most wise and worthy men, with whome to communicat his secret councels, and by them to declare his will and pleasure vnto the rest, and yet incessantly to heape vpon his subiects his graces and fauours; & with great wisedome and power to protect and defend them against their enemies. In the booke De Mundo (or of the world) dedicated to Alexander the Great (and without cause ascribed to Aristotle, as sauouring nothing of his stile) a comparison is made of a soueraigne prince vnto God; as that the great king of Persia was stil resiant in a proud and stately pallace or castle, compassed in with three high walles, full of all pleasures [ E] and delights, neuer sturring abroad, or shewing & acquainting himselfe but with some few of his friends; who yet neuerthelesse by fiers and watches set vpon high places, stil in one day vnderstood and knew all the enemies of his empire, euen from the farthest parts of the East Indies, vnto the straits of Hellespontus. And yet neuer was there any princes vnder heauen more honoured and reuerenced, or better beloued of their sub∣iects than they: or whose commaunds were more iust vnto their subiects, or more of their subiects regarded, or that longer preserued their empire, power, and state. So those princes also which giue themselues ouer, and became slaues vnto their vaine pleasures

and delights, most commonly vsed to withdraw themselues from the sight of the mul∣titude [ F] into some secret places, that so they might at more libertie glut themselues with all kind of pleasures. For so Tiberius Caesar of all others the most cunning dissembler, made choyce of a most desert island, wherein he for many yeres liued in all kind of vo∣luptuous and beastly pleasures. Which was of him right filthily done, but yet more wisely than they who with the most odious smell of their loathsome pleasures pollute and defile as well publike as priuat places: who besides that they offend more by gi∣uing of euill example than by the wickednesse it selfe by them committed, doe also in the minds and conceits of men engender a neglect and contempt of themselues.

Wherefore a prince that wise is, so oft as he should show himselfe vnto the people* 1.15 (which he should most seldome do) should so prepare himselfe, as that he may vnto all [ G] men seeme euen in his face and countenance to carry with him a certaine state and ma∣iestie, yet still mixt with modestie, but especially in his speech, which should alwaies be maiesticall and sententious, and in the manner of phrase, something different from the vulgar. Which if it shall seeme something hard for the prince to performe, or that he haue not the grace of speaking, it is best for him to speake little, or els altogether to be silent: For that we know men in so great matters, as to contemne, or feare; to hate, or loue; to be stil no lesse with opinion, than with any certaine reason, led & moued there∣unto. For if the prouerbe of the wise Hebrew be true, That the foole himselfe in holding his peace is accounted wise, how circumspect and aduised ought a prince to be, when hee openeth his mouth to speake in publike place? considering that his words, his coun∣tenance, [ H] and lookes, are oftentimes accounted and esteemed of as lawes, oracles, and decrees. Wherein Tiberius the emperour, least he should in any thing offend, brought in a new fashion, as to be spoke vnto, and also to giue aunswere by writing, for what matter soeuer it was, Moris erat (saith Tranquillus) eo tempore principem etiam presen∣tem scripto adire, The manner (saith he) at that time was, with writing to goe vnto the prince euen then present; to the end that nothing might escape which had not before bene well thought vpon. For it is not possible but that they which speake much in open assemblies, as in the Senat, or before the people, must many times erre: which done by a prince, shall breed contempt, or at leastwise cause him to bee the lesse estee∣med: so that a Grecian (I wot not who) not vnfitly said, That a prince if hee bee wise [ I] should vnto the people, or in open audience no otherwise speake, than hee would doe in a Tragedie.

But I know that some of contrary opinion vnto mine, wil say, Is it not the true estate and office of a prince, to doe iustice vnto his people? to heare the complaints of his subiects? to see the requests of his own? and by the mouth of euery one to vnderstand of their iust grieuances, which are commonly suppressed, or at leastwise disguised by another man? And why then should the prince hide himselfe from his people? talke but with few, and those of his most inward friends also? or aunswere nothing vnto ma∣ny, of right asking him of many things? yea not to be willing so much as to heare his subiects speake? Things altogether absurd, and not beseeming the maiestie of a soue∣raigne [ K] prince. Whereunto I say, that mine opinion is not, that he should so hide him∣selfe, as not at all to show himselfe; as the kings yet doe euen at this present in the East Indies, and namely the king of Borney, who speaketh not vnto any but vnto his wife* 1.16 and children; neither is seene of any, but still speaketh vnto others by one of his gen∣tlemen through an hole by a reed or cane which he holdeth in his mouth, as he did vn∣to the king Catholike (as we read in the histories of the Indies:) but my meaning is,* 1.17 that he should not be much in the assemblies of the people, neither easie to bee spoke withall of all men, not to vse much discourse with his subiects, except with such as are

neere vnto him, or of his familiar acquaintance; not to take pleasure in iests and taunts, [ A] in play, or other publike exercise: For that by such things the princes maiestie and re∣putation, which ought by all meanes to be whole and vntouched, is greatly impaired and lightned: and so much the more, by how▪ much the prince is of greater estate and maiestie: whereunto good and especiall regard is alwayes to be had. For it were not seemely for a pettie prince in his estate to counterfeit the great kings of Aethiopia, of Tartarie, of Persia, or of Turkie, who suffer not their subiects so much as to looke di∣rectly vpon them, neither are so much of them redoubted and feared for their power, as for the maiesty that they hold when they show themselues vnto their subiects. How∣beit that the kings of Affrike hold yet this maiestie more, as in the historie of Francis D' Aluarez is to be seene, where hee speaketh of the maiestie of the Great Negus, [ B] whome we call Prester Iohn: and in the historie of Leo of Affrike, where hee speaketh of the king of Tombut, before whome his subiects appeare not, but vpon their knees, with dust vpon their heads.

Now if any man shall say, That the kings of the East, and of the South are thus to be honoured, for that their subiects are of an abiect and a seruile nature; but that they of the North, or of the West, whose subiects be of greater courage, are not able to endure such a seruitude and slauerie: this shall be in due place decided, as also what the nature of euerie region is: and yet for all that I see the kings of England, Sweden, Den∣marke, and Polonia, who are situat toward the North, much better to maintaine the maiestie of their estates with their subiects, than doe the kings of Fraunce, or the [ C] princes of Italie; and the kings of Moscouia yet better than all the rest, and yet are not therefore the lesse, but well the more of their subiects obeyed.

Now the greatest daunger that can come vnto a prince, to doe all by others, is, least* 1.18 that they vpon whome he should so discharge himselfe, should take from him his estate and soueraigntie, and so possesse themselues thereof: which for al that hath neuer chan∣ced in this realme, but onely vnder king Childeric, surnamed the Loutish▪ since the time that the kings of Fraunce showed themselues vnto their subiects in their maiestie but once a yeare, viz. the first of May; as we read in our owne histories, and also in Cedri∣nus a Greeke author, who saith, That the auntient kings of Fraunce tooke no other pleasure but to eat and drinke, leauing the mannaging of all their affaires vnto the great [ D] Master of the Pallace. But we must not draw into consequence the example of one king bereft of sence, to ground a maxime of state vpon. Yet is there well one meane to meet with that inconuenience, which is, That the prince for one lieutenant, or for one great Maister of the Pallace, should haue two or three in power and fauour equall: For in so doing he shall neuer be circumuented, their power being so diminished, one of them still bewraying or controlling the other, the kings maiestie being so still the more stately and sure. For Tiberius hauing made Seianus too great; and so Commo∣dus, Perennius; Theodosius the second, Eutropius; Iustinian, Bellisarius; Xerxes, Artae∣banus; and Childeric, Pepin: committing vnto them alone the mannaging of all their affaires, with the guard of their persons, they fell into the daungers which wee spake of, [ E] being in hazard of their estates.

As for the administration of iustice, and the hearing of the complaints and griefes of* 1.19 the subiects, it shall be alwayes better prouided by good and sufficient magistrats, than by the prince in person himselfe. For who knoweth not so many good parts to bee requisit in a good judge, as are not all well to be found in the most sufficient prince in the world? Yea who knoweth not so many things to bee within the compasse of the duetie of a good judge, as may ouerslip and escape euen the most skilfull and carefull men? whereof many must needs escape the prince before he can perceiue them, and

so many times the verie substance of the matter consisteth in that which is ouerslipped. [ F] And if one shall say, that the prince may haue about him both wise and learned coun∣cellors, according to whose aduise and councell he may determine of matters, and so giue iudgement; such as Augustus, Traian, Adrian, Marcus Aurelius, Alexander Seue∣rus, and the other Roman emperours are reported to haue had: who were alwaies ac∣companied with most worthy and excellent personages: truly that seemed not so hard a matter vnto the Roman princes, so brought vp and so enured thereunto, but now we liue after another manner and fashion. And who is there that seeth not, not onely the prince not to be able to endure so many dilatory pleas, so many slights of the lawyers, so many shifts of the plaintifes; such petitions and outcries of such as run from court to to court? but not euen the magistrats themselues without incredible tediousnesse to be [ G] able to endure the same? all which yet they must deuoure. Yea the prince is not able himselfe to conceiue all such things as are the greatest and of most importance in the Commonweale, and how then shall he alone suffice to decide and determine so many suits and causes? But if hee shall take that charge in hand, and not well and orderly dis∣charge the same, in stead of doing of the subiects right, hee shall doe them great iniurie and wrong. Wherein Demetrius (he which was called the Besieger) hath for iust cause beene blamed: who hauing receiued a great number of his subiects requests, put them into the lap of his mantle, and at the first bridge he came vnto, whereby hee was to passe ouer a riuer, shooke them all into the water: Wherof the subiects seeing them∣selues by him contemned, conceiued a mutuall hatred against him, so that shortly after [ H] he was forsaken of his armie, which yeelded it selfe to Pyrrhus together with the king∣dome, which he so gained without battell. Besides that in this course taken, we should be alwaies driuen to haue recourse vnto the commissioners for instructions: and after∣wards vnto the prince for iudgement of the cause: howbeit that it is sometimes hard, and oftentimes pernitious also, to seperat the instructions of the matter from the iudge∣ment.

But suppose that the prince were at leisure, and that hee both could and would see,* 1.20 heare, and iudge all the causes of his people, yet were it a thing not beseeming the ma∣iestie of a king to make such an ordinarie confusion of his court, where beside the sub∣tilties, the countenances and fauours, (not there subiect to enquirie) and the contraritie [ I] of letters, commissions, decrees, and prouisions, which are there dispatched vnder the name (but without the knowledge) of the prince, whereof colour is oftentimes made for the doing of wrong: it is yet moreouer insupportable for the subiects, vnto whome iustice is due in the places where they are, to search for the same at the court, and to fol∣low the prince still remouing from place to place; where it were better for them some∣times to loose their right, than with so great charge to follow the suit. Besides that the most honorable and worthy causes for a prince that wil himselfe intermedd•…•…e in iudge∣ments, are the causes concerning life and honor: who shall be the accusers? who would fall into so great charges to sue the matter in the court? and into the daunger to bee slaine by the accused, if the prince should pardon the fault. For when princes vse scarce∣ly [ K] at any time to condemne the guiltie parties, but doe oftentimes pardon and restore such as be alreadie condemned: by this meanes should ensue not onely no punishment of offences, but euen the greatest impunitie of the offendors: than which there is no more certaine token of a Commonweale in short time about to perish. Wherewith to meet, secret accusations haue bene brought in and admitted by an auntient edict of Conan king of Scots, which is at this day in vse in Scotland, and called the Indict: and yet is better prouided for by the ordinance of Milan (which well deserueth to bee reli∣giously kept in euerie Commonweale) where in euerie towne there is a chest with an

hole in it, in euery principall church, whereof the gouernours haue the key, wherein∣to [ A] it is lawfull for euery one secretly to put his bill of accusation against any man; wher∣in the crime committed, the time, the place, the partie guiltie, and the witnesses, are all of them comprised, with the reward of the moitie of the confiscation allowed vnto the accuser. Which is an easie way for the punishing of offences before ordinarie judges; a thing impossible to prosecute before the prince. For these reasons and the difficulties by vs noted, Tiberius the emperour hauing obtained the empire, protested in the full Senat, and afterwards by his letters made it knowne vnto the officers, That hee would take vppon him nothing which belonged vnto the iurisdiction of the ma∣gistrats;* 1.21 for that it was more that was required of a prince, than of a magistrat. Nei∣ther ought it to seeme vnto any man straunge, why the office to iudge and decide mat∣ters, [ B] proper vnto the auntient kings, should now belong vnto the magistrats? for that when people as yet had no lawes, but that the kings power and will was accounted for law, it was then needfull for subiects causes to bee iudged by the princes: but after that lawes were once established, according vnto which the magistrat was bound to iudge, and due punishment by them appointed for offences, and rewards vnto such as had well deserued; that necessitie was taken away, and translated from the princes vnto the judges.

But here some man may say, That a prince may be so wise, so iust, and so full of vn∣derstanding,* 1.22 as that he will giue no iudgement but such as is agreeable vnto equitie and [ C] reason; and the compasse of his territorie so strait, as that hee may himselfe suffice to iudge and determine all the suits of his subiects, as there bee diuers such princes in the Low countries, in Germanie, & especially in Italie: In this case should it not be a good∣ly and a profitable thing for the Commonweale, the prince himselfe there to admini∣ster iustice? If thou aske me what mine opinion is therein, I thinke it not profitable ei∣ther for that so blessed a prince, either for those his so happie citisens or subiects, or him in person himself to sit in iudgement; not for that the subiects do so much loue and ho∣nour the maiestie of their prince, as not to dare freely enough to speake their minds, and to cause him to vnderstand their right; neither for that they could hardly haue ac∣cesse vnto him, for the multitude of causes which he should still haue before him, ha∣uing [ D] opened this gap: but euen for that nothing is so proper vnto a prince, as clemen∣cie; nothing vnto a king, as mercie; nothing vnto maiestie, as lenitie. And therefore the emperor Titus (a man of so great courtesie, as that he was called Humani generis de∣litias, or the myrror of mankind) gladly took vpon him the office of the great bishop, because he would pronounce sentence of death vpon no man, either pollute his hands with mans blood, when as yet some other emperours who were also bishops (though not so religious as he) least of all others abstained from such capitall iudgements of life and death. Now nothing is more contrarie vnto true iustice, than pitie; neither any* 1.23 thing more repugnant vnto the office and dutie of an vpright judge, than mercie: hee not onely by the ciuill law, but euen by the law of God also being forbidden to haue [ E] pitie (euen of the poore) in iudgement: which we said to be so proper vnto maiestie, as that it cannot be therefrom diuided or seperated. So that a prince sitting in iudgement must take vpon him two contrarie persons, that is to say, of a mercifull father, and of an vpright magistrat; of a most gentle prince, and of an inflexible judge. And if the prince be by nature mild and pitifull, there shall bee none so euill or wicked, who by force of teares and prayers shall not escape the punishment by the law appointed, euen the most cruell men being oftentimes by them ouercome. So we read, that Augustus the great emperour, for wisedome inferiour vnto none, examining a murderer, began in this sort to question with him, I am sure thou hast not killed thy father: in which words he not

onely instructed the guiltie man what he was to aunswere to him both his prince and [ F] judge, but also most courteously gaue him his pardon. Nero also at such time as the condemnation of a man was presented to him to signe, is reported to haue said, Vtinam liter as nescirem, I would to God I knew not letters. And therefore Cicero pleading be∣fore Caesar, before resolued in any wise to haue put Ligarius to death, said, That he plea∣ded not before him as a judge, but as before the father of the people: and hauing some∣what appeased his anger, began thus to presse him farther, Causas, Caesar, egi multas, & quidem tecum, cum te tenuit ratio honorum tuorum, certe nunquam hoc modo; ignoscite iu∣dices: errauit, lapsus est, non putauit, si vnquam posthac: ad parentem sic agi solet, ad iudices, non fecit, non cogitauit, falsi testes, fictum crimen, Dic te Caesar de facto Ligarij iudicem esse &c. Caesar (saith he) I haue pleaded many causes, and that with thee, when thou stoodst [ G] vpon thine honour, but yet neuer pleaded I in this manner: pardon him my lords, he hath erred, he was deceiued, he thought it not, if euer hee shall doe so againe: so men vse to plead before a (soueraigne prince, or a) father: but vnto the judges, we say flatly, He did it not, hee neuer thought it, the crime is forged, the witnesses are false. But say Caesar, thy selfe to be judge of the deed done by Ligarius, &c. And in this sort secretly infinuating vnto Caesar, that he ought not to bee a judge, holding the place of a soue∣raigne: and afterwards highly commending Caesar his noble acts, his valour and his clemencie, moued him so much, as that he chaunged both his colour and countenance, and was in such a sort rauished, as that he could not heare the one halfe of the oration (the shortest of all them that Cicero left in writing) but that he graunted more vnto the [ H] guiltie man than euer he hoped for. If then Caesar himselfe, one of the greatest orators that euer was (euen in the iudgement of his capitall enemie Cicero) and one of the most valiant and wisest men of his time, was so ouercome by the force of eloquence, pardoning him whome he deadly hated, and had before resolued to put to death: what shall the lesse circumspect prince do, be he neuer so little enclined vnto pitie? how shall he be able to endure the filed speech of an eloquent aduocat? the pititious complaints of poore old men? the cries and sighes of distressed women? the weeping and wayling of little children? King Agesilaus a most famous prince of his time, ouercome by the importunat requests of a friend, writ vnto the judges, requesting them, That if the par∣tie accused, in whose behalfe he writ, were not guiltie, hee should bee acquited by the [ I] equitie of his cause: but if he were lawfully conuict, hee should yet neuerthelesse bee for Agesilaus his sake discharged, and so in any case acquited. But O how many should escape the penaltie of the lawes, if judges in such cases should hearken not one∣ly vnto the princes secret letters, but euen vnto their letters pattents also: and then what may wee deeme that a prince himselfe would doo? Wherefore himselfe in per∣son to sit in iudgement, beseemeth not the maiestie of a soueraigne prince.

But now if it bee so hard for a prince in this case not to erre and bee deceiued, then* 1.24 how much more hard is it in a Popular estate, where the people suffer themselues to bee deceiued and led away with faire words, as a man may see almost in all the accu∣sations made both in Athens and Rome, when the people giue sentence; where the [ K] innocent were condemned, and the guiltie acquited: of examples whereof all the hi∣stories are full. As Seruius Galba a great oratour, accused, attainted, and condem∣ned of treason befor the people of Rome; not hauing any more to say for himselfe, but turning his speech and action, wholly framed to the mouing of pitie; and so em∣bracing his children, and with teares commending them vnto the people, so moued the beholders, as that he easily obtained pardon, and so escaped. Whereupon Cato the elder, who had accused him, said That had not Galba abused his children and his teares, hee had beene well whipt. Whereas other noble and valiant men, who could

neither abuse their prayers nor teares, but bearing themselues vpon their integritie, if [ A] but some lying oratour, or false enformer, had accused them, they were most vniustly condemned. And so oftentimes in like manner not oratours, but flatterers: and that not openly, but secretly, doe with diuers deceits circumuent the prince. And there∣fore the nobilitie of Polonia, by force wrested a priuilege from Lewes king of Polo∣nia and Hungarie: That if question were of any of their liues and honours, they should not bee iudged but by the king himselfe: foreseeing, that so they might easily escape the iudgement of the king, but not the judges, who are bound vnto the stricktnesse of the lawes. And hereupon it is come to passe, that none of the nobili∣tie are euer there condemned to death, what offence soeuer they doe, but alwayes [ B] escape either by fine, or at worst, by beeing kept in prison for the space of a yeare and sixe weekes, which is now there passed into the force and strength of a law, and yet is there obserued and kept; as I haue learned of Zamosche the Polonian ambas∣sadour.

But suppose the prince to bee such an one as is not easily to bee moued vnto pitie or* 1.25 compassion, yet then is it to bee feared, least hee in iudgement fall into crueltie. For whereas to keepe the meane is to euerie man a right hard thing, so vnto princes it is of all others most difficult, who easily suffer themselues to be carried into the one ex∣tremitie or other. If hee bee a good prince and an embracer of vertue, hee will haue wicked men in extreme horror & detestation, wherwith euen the wisest men are mo∣ued [ C] with a iust anger, and so oftentimes carried away with a cholerike passion. There need no better example than that of Augustus the emperour, who was accounted to bee one of the most wise and vertuous princes that euer was, and at his first sitting in iudgement endured as it were the paine of the condemned: and suffered not lesse (as saith Seneca) than did they themselues which were executed. And yet neuerthelesse this vertuous prince by continuall custome of iudging and condemning such as were conuict before him (as most necessarie it was) became too much rigorous and cruell, suffering himselfe to bee transported with passion and indignation against the wicked: in such sort, that one day sitting in iudgement, and condemning many the accused to di∣uers punishments: his friend Mecenas beeing not able for the preasse to come neere [ D] him, cast a little billet of paper into his bosome, wherein hee called him an Execu∣tioner or Hangman: whereat Augustus suddenly staied, and finding himselfe transpor∣ted with choler, and so to bee too hastie in iudgement, to stay his anger forthwith brake vp the court. And for this cause our fathers haue right wisely ordayned, That the Criminall Chamber of Parliaments should from three monethes to three mo∣nethes still bee chaunged (which for this cause is called Tournelle: for that all the jud∣ges of the other Chambers iudged euerie one of them by turnes, to the intent that the common custome to condemne and put men to death, should not chaunge the natu∣rall mildnesse of the judges, and make them cruell and hard harted. Besides that it is [ E] a verie hard, and almost impossible thing (as saith Theophrastus) that a good and ho∣nest man, should not enter into choller, seeing the most detestable enormities of the wicked, and so sometimes to become as a man euen furious, and as it were out of his wits. So Claudius the emperour hearing one day the plaintife rehearse the great and manifold villanies of one accused, fell into such an outrage, that taking vp a knife which lay before him, hee threw it into the accused mans face, euen in full iudgement. But if the prince which intermedleth himselfe with iudgement bee by nature cruell, he shall then make a butcherie of his court; as did the emperour Caligula, who by one* 1.26 onely sentence, for diuers crimes condemned fiftie persons, euen vnto the same kind of death, and often tooke pleasure to cut off the heads of many goood men, some∣time

to proue his owne strength, and sometime to proue but the edge of his Cimitar, [ F] If therefore it bee so hard euen for the most wise, to keepe the meane betwixt mildnesse and rigour, which is necessarie for judges, it is not so easily to bee found in princes, who are most commonly extreame in their actions: for the waywardnesse of a priuat man, is indignation in a prince; and the anger of a subiect, is called furie in a king.

But let vs proceed farther, and suppose, that the prince haue the grauitie, the know∣ledge,* 1.27 the wisedome, the discretion, the experience, the patience, and all other the ver∣tues requisit in a good judge: yet so it is, that he cannot be without daunger, if he shall in person iudge his subiects. For the best and fairest rule for the maintenance of the state of a Monarchy, is, that the prince, if it may be, cause himself to be beloued of al, without [ G] the disdaine or hatred of any. Wherunto to attaine, he hath two means, the one by ap∣pointing due punishment to be inflicted vpon the euill, & the other by giuing deserued rewards vnto the good. And for that the one of them is fauorable, & the other odious, it behoueth the prince that would be loued, to reserue vnto himselfe the bestowing of rewards; which are, estates, honors, offices, benifices, pentions, priuileges, prerogatiues, immunities, exemptions, restitutions, and other graces and fauours, which euery well aduised prince ought himselfe to graunt: but as for condemnations, fines, confiscati∣ons, and other punishments, he is not himselfe to meddle with them, but to commit them vnto his most vpright and wise magistrats, for them to doe good and speedie in∣stice therein. In which doing, they which receiue the benefits, shall haue good cause [ H] to loue, respect, and reuerence the prince their benefactor: and those which are con∣demned, shall yet haue no occasion at all to hate him, but shall still discharge their chol∣ler vpon the magistrats and judges. For why, the prince doing good to euery one, and euill to none, shall be beloued of all, and hated of none: which euen nature hath figu∣red out vnto vs in the king of Bees, who neuer hath sting, least he should hurt any. And albeit that the sacred Scriptures teach vs, all plagues, diseases, calamities, and other worldly chaunces to depend of the wrath of God; yet in this all diuines (which more exactly entreat of diuine matters) wholly agree, none of all these things to bee done by almightie God, as by an efficient cause; but by permission onely, and to bee from him diuided, but as from a not letting cause: which cause the manner of the Hebrew phrase [ I] euerie where signifieth by the word Hiphil, ordinarily vsed, when it speaketh of the vengeance of God. We read also in the Poets (though somewhat otherwise) that Iupiter had three kinds of lightning, which they called Manubias Albas, Rubras, Atras, The first is white, which serueth for aduertisement, but hurteth no man, as proceeding onely from Iupiter, and his friendly aspect vnto the Sunne: For which cause Seneca saith, Id solum fulmen placabile est quod mittit Iupiter, That onely lightning (saith hee) is peaceable which Iupiter sendeth. The other is red, and proceedeth from the aspect of Iupiter vnto the inferiour planets, whome they call the inferiour gods, which hur∣teth and blasteth fruits and beasts, but killeth no man. The third is blacke, and made by the aspect of Iupiter vnto the high planets and the sixe starres (which they call the high [ K] gods) which killeth, ouerthroweth and destroieth whatsoeuer it lighteth vpon. For the Theologie of the auntients belonged vnto the Bishops, the Philosophers, and the Po∣ets, as Marcus Varro witnesseth in the one and twentieth booke of worldly things: wherein they all agreed, That the great God, which they thought to be Iupiter (to speake properly and according to the truth) could not be himselfe augrie, neither hurt nor condemne any man, but all things to be done by meane causes, and the ministerie and power of angels. And therefore the auntient Aegyptians deriued a law euen from

Promethius their law giuer, whereby their kings were not onely forbidden to kill any [ A] man, but euen so much as to behold any execution done; least by such looking on, some print of crueltie should remaine in them the beholders. And this vnto mee see∣meth a great secret of this our kingdome, and a thing of great force for the gaining of the subiects loue and good will towards the prince; all rewards, gifts, honours, offices, charges, and commaunds, comming still from the king: but penalties, and punishments alwaies adiudged and inflicted by the magistrats. For at such time as William Poyet (my countrey man) Chauncellor of Fraunce was accused of treason, and by the enuy of his most gratious enemies circumuented, the king who had receiued the wrong would not himselfe be iudge in the cause, neither so much as be present at the triall; yea when the partie accused had refused all the judges of Paris, it was the kings pleasure, that two [ B] judges, men of great integritie, and free from all corruption, should be called and chosen out of euery court of parliament in Fraunce to try him: Whereby may be vnderstood with what an obseruation of law and iustice this kingdome standeth, when as almost at the same time Thomas Moore Chauncellor of England, and Hierome Moron Chan∣cellor of Milan, both of them accused of treason, had for their judges, one of them euen the verie conspirators themselues, guiltie of the same treason against the prince, and the other his great enemies.

But here haply some man may say, the honour of noble personages to require, that when question is of their liues, their honour, or whole estate, the king himselfe should take vpon him the hearing of the matter. For when the duke of Alencon (Charles the [ C] seuenth his nie kinsman) was accused of treason, the court of parliament answered the king, That hee could not be tryed but in the presence of the king, and of the peeres of Fraunce, without being lawfull for them to appoint their substitutes. In like case vp∣pon councell asked by Lewes the eleuenth, when question was for the triall of Renate of Aniou king of Sicilie, the court gaue the same aunswere, viz. That it could not so* 1.28 much as giue an interlocutorie decree against a peere of Fraunce, when question was of his honour, except the king himselfe were there present. I say for all that, that this was not for the king to iudge. For why, it is to be proued, that the king in auntient time was not in person himselfe assistant in the iudgement of treason, although it were in the triall of the princes, or of the peeres; as is to be found in the records of the court, a pro∣testation [ D] the third of March 1386, made by the duke of Burgundie, as chiefe peere of Fraunce, against king Charles the sixt, wherein is contained, That the king ought not to be assistant at the iudgement of the king of Nauarre, arraigned of treason; and that so to be, appertained not but onely to the peeres of Fraunce, saying, The like protesta∣tion to haue beene made against king Charles the fift, to the intent hee should not bee present at the triall of the duke of Brittaine: and in case hee would needs passe on far∣ther, and breake the custome of their auncestors, the peeres of Fraunce demaunded in full parliament, That an act of that their protestation might be vnto them decreed, and so afterwards it was enioyned vnto the clarke by a decree of the court, to deliuer vnto the peeres, and to the kings Attourney generall an act of such their protestation. So [ E] also when question was for the triall of the marquesse of Salusse, vnder the raigne of Francis the first, it was by liuely reasons, and by the authoritie of the lawes both of God and man maintained, That the French king could not in that iudgement be assistant, seeing it concerned the confiscation of the marquisat: and albeit that the kings Attour∣ney generall vrging the matter, the king was at the iudgement present, yet gaue hee not sentence, whereby the marquesse was himselfe condemned, and his goods most iustly confiscat, yet that iudgement for al that seemeth vnto many but extorted, and the other princes rested therewith much discontented. So also Alexander the Great would neuer

take vpon him the person of a judge, neither thought it meet to bee assistant in the [ F] iudgement giuen against Philotas, Calisthenes, and others which conspired against his person, least he should so seeme to haue terrified the judges, or to haue taken from* 1.29 them the free power of iudging: as we read in Quintus Curtius. For if it bee contrarie vnto the law of nature, that the partie should be judge also; & That the king is a partie in all causes which concerne either the publike or his owne proper patrimonie in parti∣cular, in which case he cannot be a judge; by a much stronger reason ought the same to take place in the offence of treason, and especially in the chiefe point, where questi∣on is, the partie accused to haue attempted the honour or life of his prince. And for this cause Lewes the ninth would not pronounce sentence at the iudgement of Peter Mauclere duke of Britaine, albeit that hee was there present when the iudgement was [ G] giuen; neither likewise at the iudgement of Thomas earle of Flaunders. Neither yet Philip the Long the French king, in the cause of Robert earle of Flaunders attainted of treason. Yea that more is, the decrees or sentences are giuen in the name of the peers, and not in the name of the king, albeit that he were himselfe there present: as is to bee seene in the sentence giuen against Robert earle of Flaunders, which beginneth thus, Nos pares Franciae ad requestam & mandatum regis venimus in suam curiam Parisijs & tenuimus curiàm cum xij alijs personis, &c. Wee the peeres of Fraunce at the request and commaundement of the king came into his court at Paris, and with twelue other persons held court. The sentence also against Peter Mauclere, whereby the fee of the countie of Britaine was taken from him, is giuen by one archbishop, two bishops, eight [ H] earles, Mathew Montmorancie the vicount of Beaumont, and Iohn of Soissons, concei∣ued in these words, Notum facimus quod nos coram clarissimo domino nostro Ludouico re∣ge Franciae iudicauimus, &c. We make it knowne, that we before our most noble lord Lewes king of Fraunce haue iudged, &c. By which words it appeareth that the king, al∣beit that he was present, yet gaue not sentence, no not euen in trials concerning soue∣raigntie. So also we may see in the case of the succession of Alphonsus countie of Poi∣tiers, although there were but question of the demaine, the king yet neuerthelesse gaue not therein his opinion or iudgement. Neither in like sort did king Francis, howbeit that he was present at the iudgement of Charles of Burbon the constable attainted of treason▪ And that more is, when question was of the fealtie and homage which the [ I] counties of Champagne ought to doe vnto the king, it was iudged by the peeres of Fraunce, and many earles, the king the present, not to iudge, but to assist them: the forme of which sentence is yet found in these words conceiued, Iudicatum est a paribus regni, videlicet a Rhemensi Archiepiscopo, & Lingonensi, Guillielmo Catalaunensi, Ph. Be∣luacensi, Stephano Nouiomensi episcopis, & Odone duce Burgundiae, & alijs episcopis, & ba∣ronibus, &c. Nobis audientibus & iudicium approbantibus &c. Now if the prince ought to doubt to iudge the causes of his subiects, where it concerneth but their particular, and wherein he himselfe can haue no interest, to the end not to giue occasion of discon∣tentment to them whome he should condemne, whether it were right or wrong, but ought still to maintaine himselfe in the loue and vnitie of his owne people, as in a most [ K] stately and strong tower: then how much more ought he so to doe, when hee is him∣selfe a partie, or the causes capitall, as for rebellion or treason? I remember, that in the triall of Charles duke of Burbon, one Valier examined in the tower of Loches, by the president de Selua, and the bishop of Puy, and other the conspiratours examined at Tarrare by Iohn Brinon president of Roan, deposed, That the occasion which caused the duke to rebell, was the aunswere that king Francis made vnto the articles which the duke had sent vnto the court of parliament, concerning the suit he had against the king and the regent, concerning certaine lands and demaines which the duke claimed as be∣longing

vnto himselfe. Wherein had not the king in any sort medled, but left it all [ A] together vnto his judges and attourneies, he had not giuen occasion to so great a sub∣iect to haue brought both the king himselfe, and the whole realme, into such a daunge∣rous an estate as it was in short time after. For what good iustice soeuer the prince do, alwaies he that shall bee condemned will thinke that hee hath wrong done him.

Now to say as some men do obiect and say, That if the prince in person himselfe* 1.30 should take vpon him the administration of iustice, men should haue a good and quicke dispatch of their suits; and that such numbers of appeales, such exceptions and petitions, with other long delaies of iustice, should be so quite cut off; deserueth not so much as aunswere. For who is he which knoweth not at what great charge he must bee, how many circumstances and delayes, how many windings and turnings, how many repul∣ses [ B] and griefes he must endure that hath any suit in court? Neither is it to be thought, Iudgements to be so much the better, by how much they are the shorter. For albeit that Thucidides (the most famous of them that were of his time, of the councel of the Areo∣pagi in Athens) seemeth to haue beene in the same opinion that some others were, viz. That offences once committed, were forthwith to be punished; yet I verily sup∣pose the opinion of Plutarch, yea of the Hebrewes themselues to bee the truer: for these thinke it necessarie for him that will iudge aright, to vse delaies in publike iudge∣ments. But he in that little booke which he wrot of the slow vengeance of God, plainly* 1.31 teacheth men to be warned by almightie God, if they will be the true imitators of his [ C] iustice, to proceed but slowly and by little and little in the triall of capitall causes, whe∣ther it be that the truth of the matter may the better appeare, or for the drawing of some profit from the offendors before their death, or to draw them to repentance, or for their more griuous punishment (for that the punishment is the greater the longer that it hangeth ouer ones head) or the better or more iustly to iudge of another mans life, being withall in question. For right hard it is for a judge pressed with choller and desire of reuenge, hasted by some, and thrust forward by others, to doe good iustice, what knowledge or feare soeuer hee haue to iudge amisse: and what shall then the prince doe, who hath neither the one nor the other? The iudgements of the inferiour magistrats are corrected by the superiour, by way of appeale: but if the prince himselfe [ D] shall take vpon him to iudge, who shall reforme his decrees? For he that in the former iudgement hath not sufficiently declared his matter vnto the judge, or by ouersight let some thing passe; if yet he may appeale, all may wel be amended: but if the prince him∣selfe shall once giue iudgement, the gate is then after sentence shut vp, and no place left for appeale, or how to amend the errour. Which we say to restraine a prince from in∣termedling with iudgements, except he be a man of great wisedome, or vse therein the* 1.32 assistance of his wise and learned councellors; and the causes such as may seeme wor∣thy the princes hearing and iudgement: following therein the councell of Iethro, who seeing Moyses troubled from morning to night in doing iustice to all men, and in all causes, You kill your selfe (said he) with taking so much paine; chuse mee out of the [ E] wisest and most discreet men of the people to ease your selfe vpon; and if there be any thing high or difficult to iudge, it sufficeth that you take vpon you the hearing thereof, leauing the rest vnto the other magistrats and judges to heare and determine. Which counsell of his father in law Moyses followed. So likewise wee read, that Romulus ha∣uing committed vnto the Senat and the magistrats, the ordinarie administration of iu∣stice, reserued vnto himselfe onely the hearing of matters of greatest importance. And albeit that the Roman emperours afterwards would haue their iudgements to extend something farther, yet was the emperours iurisdiction for the hearing of matters still shut vp and included within certaine bounds: which for all that the princes flatterers, or

else the princes themselues oft times went beyond, sitting in iudgement sometimes [ F] euen of light and ordinarie matters: so as did Claudius the emperour, (the most sottish lout that euer was) who yet would alwayes be iudging and deciding of causes and con∣trouersies: of whome Tranquillus thus writeth, Alium negantem rem cognitionis sed or∣dinarij iuris esse, subito causam apud se agere coegit, He compelled (saith he) another man denying the matter to belong vnto the emperours hearing, but to be onely an ordina∣rie matter, and so to belong to the ordinarie iurisdiction, hee compelled him (I say) euen forthwith and without more adoo, to plead the cause before him, but that so foo∣lishly, as that the lawyers openly mocked him, therefore insomuch that one of them was so bold with him as to say vnto him in Greeke, which yet most of the standers by* 1.33 vnderstood, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, An old man, and a foole too. And another [ G] tript him going out of the iudgement seat, and so gaue him a fall: yea his folly at last proceeded so farre, as that the verie pages and lackies would play with his nose as hee slept, and spot his face with inke. And into this case the prince must needs fall, who void of wisedome, thinketh it a goodly matter in the presence of the people to determine great matters, and so to make himselfe to bee of all men contemned and laughed at: than which nothing can be more daungerous in a Monarchy. Wherefore the prince which will often sit in iudgement, be present in the Senat, or much show himselfe vn∣to the people, him I would haue equall in vnderstanding vnto Salomon, in wisedome* 1.34 to Angustus, and in modestie to Anreltus; or els but seldome to come abroad, and more seldome himselfe to administer iustice, and that so much the lesse in the presence [ H] of straungers, who still iudge such things as seeme not commendable in a prince, not onely in his mind, but euen in the euill feature of his bodie, or vncomelinesse of his at∣tire: and such other small imperfections (which the subiects for the loue and reuerence which they beare vnto their naturall prince easily beare with all) to be euen right great vices or deformities. Which the straungers neuer excuse, but reporting the same to the worst, still augment them in straunge places, euen to the least of his lookes, counte∣nance, behauiours and gestures. The same of king Agesilaus had with the bruit ther∣of filled all the lesser Asia, Greece, and Affrike, whome yet when the king of Aegypt had seene lying vpon the ground in a medow, with a course Greeke cloke on his back, and himselfe but leane, little, and lame withall, he made of him no great account, but [ I] rather had him in contempt and derision. The like is reported in the memorie of our fathers, to haue happened vnto king Lewes the eleuenth, who being chosen arbitrator in a controuersie betwixt the kings of Nauarre and Castile, and going vnto the fron∣tiers of his kingdome, the Spaniards at their arriuall mocked the French men and their king, Who seemed vnto them as a pilgrim come from Saint Iames of Compostella, with his great cap vpon his head, set all about with brouches, and his iacket of course cloath, without any maiestie at all, either in his countenance, or in his behauiour; and they of his traine all in like sort apparrelled: (For why, he could not abide to see any man in braue attire) whereas the king of Castile and his troupe beeing come, showed themselues in most sumptuous attire, with their horses in their rich caparisons: which [ K] shewed a certaine greatnesse in the Spaniard, insomuch as that it seemed the French∣men to haue bene but the Spaniards seruants, but that there was a great and strong ar∣mie of them not farre off in the field, in readinesse at all assaies: which the Spaniards discouering, yeeld vnto the French king such conditions as himselfe pleased. And yet the same king Lewes the eleuenth considering princes by the opinion of men to bee either prayse or disprayse worthy (who commonly are led away but with the exterior show) hearing that the ambassadours of Venice were come brauely apparrelled, and well accompanied, he caused himselfe to be also most magnificently in royall robes at∣tired,

and so sitting in an high chaire of Estate, admitted the embassadours vnto his [ A] presence.

Wherefore with greater reason ought a prince, when as he commeth to an enter* 1.35 view with another strange prince (which he ought but most seldome to doe) to shew himselfe in such sort, as that there be nothing in his attire, and much lesse in his counte∣nance or behauiour and speech to be discommended. And that is it for which Philip Comines speaking of the enterview of princes, sayth, That they ought to shun it so much as they may: for that their presence alwaies diminisheth their fame, and the opi∣nion conceiued of their persons, causeth them to bee the lesse esteemed: a thing yet more to be feared towards the strangers than towards the subiects.

Now that which I haue said, It not to be fit for soueraigntie, or for soueraigne prin∣ces [ B] to entermeddle with iudgements; ought yet more to be obserued in a popular e∣state,* 1.36 for the great difficulties in assembling of the people, and to cause them to vnder∣stand reason; and then after that they haue vnderstood it, to induce them well to iudge thereof, their iudgements being oft times peruerted by seditious declamations or facti∣ons: which was the greatest occasion of the ciuill warres amongst the Romans, vntill that Sylla the Dictator had remitted the hearing of all causes vnto the magistrats, ex∣cepting the offence of treason, and that in the highest degree.

But yet besides the inconueniences by vs before noted, nothing hath euer bene more* 1.37 daungerous, or more ruinated Commonweales, than to translate the authoritie of the [ C] Senat or commaund of the magistrats, vnto the prince or the people. For that the lesse the power of the soueraigntie is (the true markes of maiestie thereunto still reser∣ued) the more it is assured; as well said Theopompus king of Lacedemonia, who hauing encreased the power of the Senat, and appointed fiue Ephori in title of office, as Tri∣bunes of the people: and being therefore by his wife reproued, for that in so doing hee had much diminished his owne power: So haue I also (said he) much more assured the same for the time to come. For hard it is for high and stately buildings long to stand, except they be vpholden and staid by most strong shores, and rest vpon most sure foun∣dations; all which consisteth in the Senat or councell, & in the good duties of the ma∣gistrats. In which thing the Venetians, as they haue done many things wisely, so haue [ D] they done in nothing more than in that, that they which haue the soueraigntie, inter∣medle not with iudgements onely, but not so much as with any other thing els, which may wel by the magistrats or the Senat be dispatched: Which haply hath bene one of the chiefe meanes wherby that state hath bene so long preserued, considering that there neither is, nor euer was any Cōmonweal, where they which haue the soueraigntie tro∣ble themselues lesse with that which belongeth vnto the councel or the magistrats. The Great Councel of the nobilitie, or gentlemen, wherin the whole maiestie of that Com∣monweal resteth, is neuer assembled but for the creating of new magistrats, or enacting of lawes, all the rest of the affaires of the estate being to be dispatched by the Senat, and the councell of the Ten, and of the Seuen men; and matters of iurisdiction by the other [ E] magistrats. Which if it be a thing commendable, and well appointed in Aristocra∣tike estates, with better reason ought it to take place in Popular estates, Where the moe heads there be, the lesse wit there is, and so the worse resolution also. Neither like I of Xe∣nophon that most famous mans opinion, who speaking of the Athenian Common∣weale, saith, That the more popular that the lawes are, the better they maintaine a De∣mocratie, or Popular estate, When as (saith hee) the people hath the hearing of all matters, and that all passeth by lot and voyce: which thing indeed doth vtterly ouer∣throw all Popular Commonweales. As in Athens, when as by the persuasion of Pe∣ricles, the hearing and deciding of matters, and the mannaging of the state, was taken

from the Senat or councell of the Areopagi, to be brought backe vnto the people; the [ F] * 1.38 citie destitute of wit, and without councell, fell first forthwith into great broyles, and not long after into vtter ruine & decay. But amongst the Swissers, where their Popular estates haue now flourished 260 yeares, and so yet continue and grow from good to better, still flourishing both in peace and warre: those their estates are preserued and vpholden by lawes of all other least popular, nothing being almost left vnto the peo∣ple more than the chusing of their officers, the other rights of soueraigntie being but sparingly and within a certaine conuenient measure communicated vnto them. Nei∣ther was the Roman Commonweale euer fairer or farther from ciuill warres, than when (the maiestie of the people saued whole) all things were done by the Senat and the magistrats: which was from the first Carthaginensian warre, vnto the conquest of [ G] the kingdome of Macedon. But after that both the Gracchies by their most popular lawes had taken from the authoritie of the Senat and the power of the magistrats, as much as they possibly could, all to encrease the wealth and libertie of the people; there ensued thereof a most miserable change of that Commonweale: neither did the citie of Rome euer after cease from ciuill warres and sedition, vntill that immoderat li∣bertie of the insolent people, was by the power of one oppressed and brought vnder, and they so brought into extreame miserie and seruitude. The same inconuenience or mischiefe befell the Megarensians, who from a Popular estate fell into a most miserable Tyrannicall gouernment (as saith Plato) for the vnbridled libertie and insolencie of the people, taking vpon them the hearing of all things, aboue the authoritie, iurisdiction, [ H] and power of the Senat, or of the other magistrats.

But the best kind of Commonweale is that, wherein the soueraigne holdeth what* 1.39 concerneth his maiestie, the Senat maintaineth the authoritie thereof, the magistrats execute their power, and iustice hath her ordinarie course. Whereas otherwise if the prince or the people shall take vpon themselues the authoritie of the Senat, or the com∣maunds, offices, or iurisdictions of the magistrats; it is much to be feared, least that they destitute of all helpe, shall at the length be spoyled of their owne soueraigne maiestie al∣so. And in mine opinion they shamefully erre, which thinke themselues to encrease the princes wealth and power, when they show vnto him his Clawes, giuing him to vn∣derstand, that his will his countenance, and his looke, ought to be as an edict, a decree, [ I] and a law; to the end that there should be none of his subiects which should presume to take vpon them the hearing or deciding of any matter, which might not bee againe by him reuersed and chaunged: so as did the tyrant Caligula, who would not that the* 1.40 lawyers should so much as giue their councell and opinions, when as he said, Paciam vt nihil respondeant nisi Eccum, that is to say, That is he to whome it alone belongeth to giue his opinion; meaning by himselfe: but by the word Eccum, which is, Behold the man; alluding to the word Aequum, which is, That which is right and iust. But this opinion by little and little crept into princes minds, breeding in them an incredible de∣sire of oppression and tyrannie.

[ K]

Notes

• * 1.1

  Kings first establi∣shed to iudge his subiects.
• * 1.2

  Reasons to show that princes themselues in person ought to administer iustice vnto their sub∣iects.
• * 1.3

  The great good that ensueth whē princes in person themselues do iu∣stice vnto their subiects.
• * 1.4

  Examples of great Princes, who themselues in person admi∣nistred iustice vnto their sub∣iects.
• * 1.5

  A notable exam∣ple of the great emperour Adrian for the doing of a poore old woman iustice.
• * 1.6

  To be necessarie for a prince to vnderstand of the affaires of estate.
• * 1.7

  Reasons to show that it is not meet for princes themselues in person to admini∣ster iustice vnto their subiects.
• * 1.8

  Such a prince, such a people.
• * 1.9

  That an euill prince ought not much to come a∣broad for the peo∣ple to imitat his vices.
• * 1.10

  The subiects still •…•…eadier to imitate the vices than the vertues of the prince.
• * 1.11

  600 Crownes.
• * 1.12

  Princes of all o∣thers most hard∣ly to counterfeit vertues, or to dis∣semble their vices
• * 1.13

  Too much fami∣liarity of a prince with his subiects; not good: and al∣wayes to be seene of them in his maiestie, a thing vnto them dread∣full.
• * 1.14

  How princes are to behaue them∣selues, to be of their subiects both beloued and fea•…•…ed.
• * 1.15

  How a prince is to frame his counte∣nance and speech when he showeth himselfe vnto the people.
• * 1.16

  The maner of the kings of Borney.
• * 1.17

  How a prince ought but sel∣dome times to conuerse with his subiects.
• * 1.18

  How the danger least a prince should be dispos∣sessed of his e∣state by him whom he putteth in trust for the mannaging of his affaires, is to be preuented.
• * 1.19

  Iustice better to be administred by good and suffici∣ent magistrats, than by the prince himselfe.
• * 1.20

  An hard charges∣ble, and daunge∣rous matter, for subiects to prose∣cute their suits before the prince.
• * 1.21

  Why the office to iudge and de∣cide matters, a thing proper vn∣to the au•…•…tiene kings, now be∣longeth vnto ma∣gistrats and judges.
• * 1.22

  Not good for a loue•…•…gne prince how sufficient so∣euer, to sit in iudgement him∣selfe, for feare of too much lenitie, or else seu: ritie▪ to the peruerting of iustice.
• * 1.23

  Nothing more contrary vnto true iustice, than lenitie and piti•…•….
• * 1.24

  The people in a Popular estate easily moued vn∣to pitie.
• * 1.25

  A most hard thing for a soue∣raigne prince sit∣ting himselfe in iudgement, to keepe a meane betwixt too much lenitie and seueritie.
• * 1.26

  The most strange & extreame cru∣eltie of Caligula the emperour.
• * 1.27

  The best and su∣rest meanes for the maintenance of a prince in his estate, is by all good meanes to procure the loue of his subiects: and how the same is to be ob∣tained.
• * 1.28

  Not lawfull for the French king to be in person assistant in the triall of a prince or peere accused of treason.
• * 1.29

  The king ought n•…•…t to be judge, where he is him∣selfe a partie, as in matters concer∣ning his owne interest.
• * 1.30

  A vaine obiecti∣on for the short∣ning of suits, if the prince him∣selfe in person take vpon him the administrati∣on of iustice.
• * 1.31

  The quicker iu∣stice not alwayes the better.
• * 1.32

  Causes worthy & well beseeming the princes hea∣ring & deciding.
• * 1.33

  Claudius the em∣perour derided for taking vppon him the deciding of common cau∣ses and matters.
• * 1.34

  The great care that a prince should haue of himselfe, which would oftentimes •…•…it in iudgement, or much show himselfe, and espe∣cially vnto stran∣gers.
• * 1.35

  That princes ought seldome to come to an enteruiew of their persons.
• * 1.36

  The people v•…•…fie to iudge of mat∣ters.
• * 1.37

  That the Senat or Magistrats are not to be depri∣ued of their au∣thoritie & power to haue the sam•…•… giuen to the prince.
• * 1.38

  The Popular Commonweale not to be the best maintained by the most Popular lawes.
• * 1.39

  The best ordered Commonwealth
• * 1.40

  The foolish say∣ing of Caligula.