Common Places, Part 4 · Chapter 14 · Section 1
PRinces for the moſt part in the time of great quietneſſe, In 2. Sam. 8. 15. That Princes muſt flie from idleneſſe.as though they had made an end of their labors, vſe to giuegive themſelues to ſportes and to pleaſures. For ſo Alexander, when he had ouercome Darius, was made féeble through riotouſneſſe. But farre otherwiſe did Dauid behaue himſelfe. For he thought it not ynough to hauehave conquered his enemie: but thought that the priuate euils and iniuries at home belonged alſo to his office: A ſimilitudeſince that a publike weale is corrupted, euen as is a humane bodie, not onelyonly by outward diſcommodities, but alſo by inward euils, as it were by certaine noyſome humors. Yea, and ſuch ought to be the ende of warre, that peace among Citizens and domeſticall diſcipline maie be eſtabliſhed. Iuſtinian.And therefore Iuſtinian in the Preface vppon the Inſtitutions of the Ciuill lawe: The Maieſtie of the Emperour (ſaieth he) ought not onelyonly to be adorned with armes, but alſo armed by lawes, that eache time, aſwell of warre as of peace may be rightly gouerned, and that the Romane prince may not onelyonly be conquerour of his enemies in battailes, but alſo by right courſe expell the lewdnes of malicious detractours, and that he may become aſwell moſt religious for the lawe as triumphant ouer his enemies. And the law is, not mans opinion (as ſome hauehave fooliſhly thought) but an euerlaſting precept procéeding from nature being the guide, and from the lawe. And that which is here ſpoken as touching nature, that doe wee much more truely vnderſtand of God himſelfe, the authour of nature. For that which GOD hath ſet downe ought to be a lawe vntounto vsus. And that lawe men doe oftentimes vnderſtand by ſome light of nature, and (as Cicero ſaieth) by a long experience of affaires, and gouernment of common weales. For things being in ſuch ſort marked of wiſe men, committed to writing, and declared in their kinds and diſtributed in their parts become at the laſt a certaine Art, or elſe ſome ſimilitude of an Art. Vlpian in the Digeſtes, in the Title De Iure & legibus, ſaieth that Ius, that is, right, is ſo called of Iuſticia, that is, Iuſtice. This agréeth not with the Grammarians. For they affirme that the word Ius is abſolute, & that that onelyonly is iuſt, which is doone Iure, that is, by law or right; ſo as they think that Iuſticia is deriued of Ius, but not Ius of Iuſticia. But theſe things I paſſe ouer. This is certaine, that that thing is firſt which expreſſeth any thing: and the next is that which executeth and worketh that which is expounded. That did Ariſtotle cal foreign, which is a remedying of iniurie. Then followeth a certaine habite & proneneſſe of doing whatſoeuer is expreſſed. This may hereby alſo be prooued, In al Acts the obiect is before the ſcience.that in all Artes there is firſt a matter to be wrought vponupon, then a ſcience. For number is firſt before Arithmetick, and ſong before muſicke, and euerie thing that may be knowen, before knowledge thereof. Wherefore right goeth before iuſtice. For foreign, which is righteouſnes, is as it were foreign, yt is, the in being of right. I knowe there bee ſome which defend Vlpian, and ſay that he conſidered not the verie nature of things in themſelues, but ſo as it is brought forth and breaketh out into Act. But how ſoeuer it be, the matter is not of great weight. A Prince ought to take ſpeciall héede that he miniſter iuſtice, and that he doe it with a good minde and iuſtly. How iuſtice is to be miniſtred.For it is not ſufficient that ſome good thing be doone, vnleſſe the ſame alſo be doone well. And this who ſo doe, Vlpianus ſaieth they may be called Prieſts. For they be Prieſts and preſidents of the lawes. And lawes be holy things; as it is in the Code De Legibus, in ye lawe Legis. Wherefore to giuegive ſentence, and to ſpeake law, is a holy thing. That ſentence which is written: namely that Dauid did execute iuſtice and iudgemēt, 2. Sam. 8. 15ſome do ſo expound it, as they vnderſtand, that he did not pronounce al things out of the written law, but euen much according to equitie and reaſon: ſith that alſo is to doe iuſtice. But for equitie and reaſon there is no place, except where nothing is prouided for by the lawes: that is, where neither reward of well doing, nor puniſhment for wicked actes is expreſſely appointed. And it is ſpecially to be noted, which is added, namely To all the people. For that betokeneth yt he did execute iudgement ſincerely and truely, without reſpect of perſons. And this is it ſo to beare rule as thou maieſt be a helpe to the people. Salomon in his prouerbes: Pro. 16. 12.By iuſtice (ſaieth he) ſhall the kings ſeate be eſtabliſhed for euer. Contrariwiſe, Tyrants becauſe of their iniquitie ſhal ſoone be taken away. Howbeit to execute iuſtice is manifolde and hath many parts. The parts of right iudgement.For it behooueth both paciently to heare, wiſely to know, vprightly to giuegive ſentence, and couragiouſly to doe execution: Conſidering that many doe oftentimes iudge rightly: but yet for want of courage they onelyonly hauehave their ſentence in papers. Wee muſt take héede that the guiltie be puniſhed, that diſcipline be eſtabliſhed, that good lawes doe floriſh, that good manners may be preſerued. This vertue is moſt profitable, not onelyonly in peace but alſo in warre. Theſe things ought a Prince ſpecially to doe. For he ſhould be as it were a certaine liuing lawe. But contrariwiſe they doe wickedly which thinke that the iudgement of cauſes doe nothing at all pertaine vntounto their office. Such was Anthonius Caracalla, who woulde neuer giuegive iudgement. And vntounto Adrian when he excuſed him ſelfe that he was not at leaſure to helpe a poore woman, it was anſwered: Then I would not hauehave thee to beare rule.