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Fortefcutus Ilkftatus, O R A

COMMENTARY

On that Nervous Treatise

De Laudibus Ltgum Angli<z,

Written by Sir John Fortes cue Knight,

Firfl Lord Chief Juftice, after Lord Chancellour to King H e n r y the Sixth.

Which Treatise, dedicated to Prince

Edward that King's Son and Heir ( Whom he at- tended in his retirement into France, and to Whom he

loyally and affectionately imparted Himfelf in the Virtue and Va- riety of His Excellent Difcourfe ) Hee purpofely wrote to confoli. date his Princely rainde in the love and approbation of the good Lawes of Englan d, and of the laudable Cuftoms of this his Native Country.

The Heroique Dcfign of whofe Excellent Judgement and

• loyal Addiction to his Prince, is humbly endeavoured to be Revived, Admired, and Advanced

By EDWA%!D-WATE%HOVSE^m^.

X^rj t£c vofAVq fjtyo ■n&d^ ccpo^uic, 7rSaoTF£&>? 3 noXcz^eiv rjoog heivoi

Oportet leges quidem acriterftatui, mitius autem quam ipft jubent fanas fu- mere. If aeus <*/>«</ Stobaeum, Serm 147.

L 0 J^ T> 0 JA(,

Printed by 77;o. ^oycroft for Thomas Dicas at the Sign of the Hen and Cbiekens in St. Paul's Church-yard. 16$ 3.

TO THE

Right Honourable

and truely Noble

E D W A R D

EARL of CLARENDON, Lord High-Chan cel lour

EN GLAND.

May it plcafe Your Lordship,

HOVGH the proof oft our ob- liging and generousVirtms hath fixed in Wifemen a confidence of Tour favourable acceptance of whatever Wifdom and Worth ( under the Patronage of Your endeared Name and Greatnefs ) frefents to the Publiquey

a and

The Epiftle Dedicatory.

and that it cannot but be thought rather a cer- tainty then . preemption, thatTou will treat thofe with ingenuous kjndnefs, who are am- bitious to perpetuate Virtue, and to adorn the dead Monuments of it with all thofeJropheys of revival and amplitude,which their greatefi parts and moji elaborate endeavours to that honefily-ambitious end canpoffibly arrive at : Tet may it (My Lord) be doubted how this enterprife of mine, by which I humbly (under the favour of Almighty God and Your Lordfhip^) defign to revive the Me- mory, and illufirate the Learning of that Ve- nerable and Profoundly-Scientifique Anteceflbr in the Office of the Chan- cellourfhip, Sir J o h n F o r t e s c u e, may be from my hand accepted, who am none of the fir ft Three in adaptation to fuch a Service. But fince it pleafed God as to im- pregnate me with re folutions to attempt, fo to vouch fafe me health tofinijh what I propofed in thefe Commentaryes, Itrufi Tour Honour will accept the Protection of them, though they be but the Umbra andEcc\\o of the various

and

The Epiftle Dedicatory.

andtranfeendent Learning that the Text of the Chancetlour Fortescue abounds with. For truely (My Lord) had I not well- weighed my Reverend Original, and found in him that Pondus and Affluence of general and well-digefled Science, which would exer- cife the pains andcuriofity of a Gentleman and generous Artifi, I fhould never have ambition d the exploration of what God would enable me to, in fo incefant a progrefs ofjludy as this has occafioned. Tet forafmuch as by the af~ finance of God I have in fuch proportion as his merciful indulgence has favoured my hum- ble induflry with, perfected thefe Commenta- ry es, and obtained the favour and encourage- ment of an Honourable, Learned, and Grave Permifsion of them to the Prefs for publick View ; I humbly befeech Tour Lordfhip to pardon me while in purfuance of thofeprimitiverefolves ofmyfirfl undertaking them (which was above five years fince) 1 devote them to Your Perfpicacious and Oracular Self, Whom of all His mod Excellent Majesty's Favourites and

Minifters

The Epiftle Dedicatory.

Minifters of Eftate, IforefaWj by the au- gury of a very afettionate ana well-inputted experience, the probablejl to fucceedto the op- portunity, and exceed in the ability to propa* gate Fortescue in all the latitudes and advantages of his Sagje, Legal, Civil, and Politique Counfel and Condutt of Greatnefs, to that which is the mojt Royal termination of it, Juflice ', and by that Impartial Ar- biter of Jupce, which wife and well-advifed Englifh-men call, The Law of England.-

And therefore ( My Lord,) there being fo true a Parallel between my Noble Text- Majler and 'Tour Noble Self, Both Gen- tlemen by birth, Both Lawyers by breeding, Both Knights by degree, BothVVifemen by experience, Both loyal Attendants on your Sovereigns recefles abroad^ and Both honoured by your Sovereigns with the truft and ftate of Chancellours : thefe Injlances oflikenefs relating to, and uniting in you bothi make me bold to conclude, that to no Wor- thy alive are thefe Commentaryes fo pivperly

to

The Epiftle Dedicatory.

to be addreffed as to Tour Highly valued Perfon, Whom I believe to be not onely what the Learned VzritimChancellour Bu- jgjjj daeus once wrote of the French Chancellour T?^. Deganai, (One -Qui per omncs aeta- ( tis progreflus totidem honorum Civi- lium gradus fuopte nixu, nullo manum porrigentefcandens,non antequamad culmen honorum evafit, fcandendi fi- nem fecit, ut non fortune beneficio, fed fuo merito pervenifle eo credipof- fit, cujus ea vis fuiffe ingenii atque ani- on cernitur, utquocunque loconatus eflet, in quodcunque tempus incidif- fet^ fortunamipfefibifa&urus videre- ' tur ) but alfo what may astruely without de- generom flattery be added^ That very Happy HeeJVho hath concentred in Himfo much of the Eloquence 0/Tully, the Gravity of Ca- to, the Juftice of Ariftides, and the Favour of Mecaenas, a* renders You meet to obtain the uimofi Honour \ a Sovereign Majier can reward a faithful and approved SubjeH and Servant with : Which thatTourhordfhip

b may

, The Epiftlc Dedicatory.

may long deferve, and live to enjoy and to blefs ' this Nation and every worthy Interefi and Concern in it, with the rayes and difufions of that Prudence, Piety, and Loyalty which are • concluded eminent and exorient inTou, is and fhall be the earnefi andfincere Prayer of

prom my Study in tyofl-Colledge. junt 1 1. 1663.

(Renowned Sir )

Your Honours

Moft Humble Servant

Edward Waterhous,

; 3 Sni\

•

.i^radt

x\

..M.YaM

>'ij

^CHefe Comment aryes upon the Chance Hour Fortescues Learned Treat ife De Laudibus Legum Anglian We con- ceive ufeful ana fit to be publijhed \ And therefore approve the Printing thereof.

Mat. 14,. 1663.

Robert Fofter. Orlando Bridgeman. Matthew Hale. I

Thomas Malet. Robert Hyde.

Edward Atkyns. Thomas Twifden. Thomas Tyrrill. Chriftopher Turnor. Samuel Brown. Wadham Wyndham.

A N

INTRODUCTION

TO THE

COMMENTARY

UPON

FORTESCUE.

Efore I treat on the Text, I think it convenient to write fomewhat concerning the Parties introduced, and the manner of introducing them. The manner of their i>uiM^$riA Exhibition is by way of Dialogue, a form very ancient "* v */&>»»'« and (ignificant, whereby Aathours, as Trifmegiftut, Pla-

to, Plutarch, Tufty, Athenxus, Ariflopbanet, Lutian, and hundreds of others, brought in fuchperfons, and fictions, as conduced to the va- rious expreffion of their defign, and the ufeful inftru&ion of after- Ages : and therefore JWoyojuJ* , which is the intvard reafomng of the mtnde, whereby a man propofes things Pro and Con, as if really acted, is by J^uffinian ranked inter fehemata tn.m«ty and he that skills this Art aright, called JIxao^W • fo that Dialogues are proper Modes of Speech and writing, whereby one and the fame perion both frames Queftions and Anfwers, undernames and notions of Perfons diftindt and feveral. Thus does our CbanceUour acl: both his own and the Prince's part, laying down thofe Rules, which Ex- perience had taught him, the beft Conduct and Regulation of life, and in producing the Prince as affenting to or diflenting from them, and io occafioning either his firftadhefion to what he pofitively af- ferted, or his further addition of fuch Proofs as mould refolve the

e doubt,

^mt ^iutbm him- trtt. Cic. ndkl- tic. lit. »J.

The Introduction.

• doubt, and make tho Dofe prcfcribcd Palatable. So that in this Text, by the help of Dialogue, there is not onely a calm and plea- fant delight for Youth and Novice.wits, but grave and pithy Di- rection for the molt accompltfhed mindes, who from it cannot but tiiim cjruiau., DC enriched s 'lincc, in Lamprtdius his words of Severus his Larari- jCm'sj. ' um> 'c contains Cbrijlum ($ jbrahamum, Orpheum £j ApoBoniurn, mat« terof all Variety and ufeful Inftitution both in Morals, Prudentials, and what's the moft excellent in the knowledge of Things Heavenly. This for the Dialogue.

Now of the Perfons in this Dialogue, which are Two,and thofe under a pair of llluftrous Names, the Prince and the Chance Hour, or as here they ought rather to be marfhalled, the Cbaacellour and tha Prince. 1 he , one apt and willing to teach, the other prone and ready to learn ;

which harmony cannot but produce a profitable and defired effect : for that heart is fure to be wife whofe ear accepteth Counfels, and who turneth not his eye from the Precepts of Wifdome. Now though by the Lawes of Civility and Nations; precedency be due to the Perfon moft dignified, and Princes rif the Bloud have the Preheminence of Temporary Officers, where their Offices have not immediate reprefentation of Sovereigns, their Matters i yet I fliall crave leave to treat firft of the Cbancellour, and then of the Prince ; becaufe in this Dialogue, and as to this occafion, the Cbancellour is the firft both Ordine temporis, as the Commencer of the Difcourfe, and Dignitate (ermenis, as intending to diftil into the Youth of the re- prefented Prince what his grave Experience obferved neceffary to .. make his Life exemplary, and his Government, when ever kfhould begin, fuccefsful.

The Cbancellour I finde defcribed three wayes, I. By his Name, For-

tefcue. 2. By his Office, Cbancellour. 3. By his pcrfonal Dignity, Miles

Grandavus; which reprefents him a man doubly honoured, from his

Title Milesftam his Experience Grandtevus -, For multitude of years teach

firte Sen- Wifdom. ^ For his name Fortefsae 'tis ancient and Knightly, poffibly

tnm Saint derived a forti fcuto, which fome Founder of the Family was efpe-

Dueum. eially noted to have ; either his Integrity which covered him from

FortefcucV top to toe from the malice of his foes, who like cruel Arcbers Jhot

Mtttt, at {,jm> though bis Shield, like Jofeph'/ Bow, abode fure through the

mighty God of bis Salvation, Gen. 49, 24. or elfe from fome more

then ordinary Valour, which the many blows received on his Shield

did amply cxprefs.

I fhall not here engage in the Story of Names, nor take upon me

to dive into the Well of Science to fetch thence that, which we

would call the truth of their Original. If we underftand a Name* as

Thoiofr. sy«»g. Logicians doe, for VoxCgnifieativ* fecundum placitum » then there is no

Juris, /it.}*. «. 4. r ■%.•* 1 1 1 •/-. r-

ir. 1 .d. «««;«,. certainty or Names but uncertainty, what plea fes the Impofer,

rTtTW.. and others to give after his Example: -yet for the Antiauity of

n.inGvuf.u Names, we are to know that they are coxval with time and things,

for when God created things he named them according to the

fpeciflaue nature of them, or according to fome ufe or other pur-,

pofe which they moft tended to. After whofe Example the Hebrews,

and

The Introduction.

and (a) Adam efpecially gave Names to all Creatures , which Names did evidence not onely their Nature, but their fubje&ion to man, as ( b) Bocbartus, Grotius, Rivet, Toflatus, and all the Learned on Genef. i. agree. After the Jew/, the Greeks followed, and the Romans were fo multiplicative of Names, that they run them out into an infinity al- moft ; for befidc their twenty eight Appellative in (c) Ifidore, I fiude (d)Sigonius (out of the zncicntGrammarians,Sofipater,Donatus, and Diomedes ) numbring four forts of Names, one derived from Dig- nity, as Prtenomen, being therefore prefixed becaufe Gentije, asPub- lius i the fecond of propriety declaring their Nation and Bloud, Nomen, as Cornelius ; the third Cognomen, being an additional ad- joyned to their Genile Name for the greater State and Equipage of it, as Scipioj thelaft Agnomen, from fome cafual regard or remark- able action, as Afncanus : on all thefe he enlarges , and therefore to him I referr the Reader. The Poets alfo took the liberty to term the Mufes, Camcena, Helieoniades, Parnajjides, and fuch other names to the number of thirty, and as many names had Hercules alfo from the feveral fictions they had of him. So generally are Names given ad plackum, that it is hard to limit Names to Natures or Actions, when even fi&ive occafions have been Parental of them, and that ubtque loeorttm, no Nation not taking the liberty fo to doe. And at home to be ignorant of this would be our fhame, when every dayes experience lefTons it, and no man that is Clerk- ly, but knows, that Names are occafional, and varied as occafi- on ferves, as Matter Cambden, our learned Antiquary, every where in his Britannia acquaints us. Amongft us therefore in England, we have onely two Names ufual , the Cbrifiian given atr the Font, or Baptifiery, by the Btjbop or Presbyter ordinarily, as John, James, Robert, Edrvard: and the Sirname for diftintffcion of the Family from whence Children defcend. Both thefe areufually expreiTed in Deeds , Grants , Wills, and all other Writings whatsoever, and when ever omitted, are either the fruits of negligence or worfe ; for it leaVes men in the dark, and fubje&s their Actions to uncer- tainty4 which alloyes the credit and grandeur of them. And for this caufe ( if no other could be added) men are obliged in Juftice to their Fames; Perfons, Pofterities, and Families, to own their in- dividual perfons by thofe Names Cbrifiian and Familiqtu, which they ordinarily go by $ fiuce as many Authours, not living to publifh their pains, become unprofitable to the World, to enrich which they in their Lives and Studies were probably ambitious, as I think amongft many others, 'Julius Cafar Scaliger was in that Noble Compilement of an hundred and ten Books De Origimbus, which are loft : orelfe others Come after the Authour's death, and thruft themfelves into that praife which they never merited, and call themfelves Fathers of thofe Speculations, which, if they could vindicate themfelves by a Reply, would difown their impudent, and but Supofititious Au- thours. I the rather obferve this, becaufe in the mention of my Text-Mafter, not onely Mr. Mulcafter a learned man, and a Student in the Law, terms him Mafier Fortefcue %night : but alfo Pitfxus ont of

Robert

(a) Him nUtptr.1 Hebui Adamum infigntm Pbilt/i- phum fuiffe, qui nAturns omnium 4- mmalium prole te~ rrnerit, ut tnde jux- ta naturdm tic pro- prietatem fuam (tttqvte fuum nemen iniiitril. Fagius in Cjtn. x. i-J. (t) Geograph. Sacrz, p. 26. i£*

f-57-58. Tholofl". Sja- tagm. Juris, lit. it.t.f,

(<■) Midor. Ori- gin. M. 1. 1. 2. (d) Be NtminitKi "Himami,e. I. p.

Hl- £WSylburg,

Lilius Gyraldus.

Sjnttgm. De Mu-

fis.

Hilt. Decrum.

Sjnu^m. ig.

Nomtn did puur.t qnod rem natam

fdlint, fitJHt velut

mum im*f>. Ma- riettas *$** Th*- loff. Syntsgm. Jurist. 32. «. *.

Efi/t. DidictUiry before Fottefcue; litfxus/. 597-

The Introduction.

Selden'j t^t •» Fori cfc ue. T»

Rot. Paiem. 29. H. ".Mcmbr.

Fortelcue'/ Dtfttnt bj Father snA Muher.

A mefi war- thj Kinfm«B.

Robert j\ecord writes him onely Fortifcutus, De Forti/cuto meo hot dicam, quod & de Thoma Cra.-ileioLelandu> refert, ut qui non modo inoemt, verum etiam calamo, utpote bonis inftrulkus sfrtibus, plurimum valuit: \o that were not Records and later Authours more pun- ctual, the Worthy Authour might have been lefs certain. But our late learned Selden, who has led me the way to admire this Authour, has particularly difplayed this brave Sage to be third Son to Henry Forte /cue Son of Sir John Fortefcue Knight, Captain of Mcaux and Go- vernour of Bry in France under Henry the Fifth, which Sir John was fe- cond Son of William Fortefcue of Wimefion in the County of Devon, Efquire j fo that our Chancellour being immediate Heir in the eighth ddcencof Sir Richard Fortefcue Knight, whocameoutof Normandy in theCo»yiwroar/time,wasgeneroufly defcendedby his Father, and no lefs by his Mother, who was a Daughter and Heir of Beaucbamp, his eldeft Brother was Lord Chief Juftice of Ireland and dyed ilTuelcfs, his fecond Brothers Poftcrity in the third Defcent divided themfelves into two Branches,one of which feated themfelves atFatvborn in Effex, the other was feated by Sir John Fortefcue, Chancellour of the Exchequer, and Mafler of the Court of Wards, at Salden in Buckingham Jbire, where now the Heir of his Family Sir John Fortefcue refides, who very civilly and like a Gentleman of Honour, fenfible of the fervice I aimed to doe to the Memory of our Chancellour his Noble Kinfman, prefentf d me with this information from his Pedigree^ and with the Picture of our Chancellour which he caufed to be cut to be hereunto prefixed ; which 1 purpofely mention as my return of kindnefs and thanks to his care to right my Noble Chancellour, whofe Portraicttire but for him had been unknown and unpublique. So that he was of a Knightly Race, and of fo renowned a Gravity.that he was Chief Juftice to Henry the Sixth for the latter half of his Reign ; and, as appears by Records, that he might Statum fuum decentim manu-tenere, the then King gave him an Annuity of an hundred and eighty Marks out of the Hamper, together with 1 16. s. n.d. i percipiendum fngulis annis ad Feflum Natalis Do- mini pro una s\oba, & Furrura pro eadem erga idem Feflum ; & 66. s. 6.d. fngulis annis ad Fefium Pentecoftes pro una fyba, & Linura pro eadem erga idem Feflum: fo greatly did this Worthy Knight dc- fervc of his Prince, that he was thought the meet fubject of all Fa- vours. For he well demeaned himfelf in all Trufts, and as he lived no fhanie to his Family, fo dyed he not afhamed of Fidelity to his So- vereign ; for him he accompanyed in his misfortunes, and to him did he exprefs the ardour of ajuft and ingenuous gratitude, in applying to his Son and Heir, whom he hoped fhould inherit his Throne and Dominions, fuch wholefom Documents, as beft fitted him to fub- mit to God while a Sufferer, and to rule in the place of God when he fhould reftore him to his Government, and fubjeel: his people and the guidance of them to him. Thus much for our Text-Mafters Name, Fortefcue,

Now for his Office, Chancellour^ a great Office of Truft and Dig* nity, the Prince's Confcience in a Subjects breaft, the Great Juftice of the Realm, in whom the oppreffed ought to finde Relief, and from.

whom

The Introduction.

whom the Oppreffour how great, how popular foeverhebe, ought! to finde no Favour. The Truft of this Officer in England, appears notably out of old lngulpbus, where Edward the Elder, King of this Land, exprefTes his minde to Turktil, Abbot of Crewland, his Chan- cellour in thefe words, Vt quacunqut negofia temporalia vel fpiritualia, Regis judicium expeStabant, illius confilio & decreto, tarn [anUa fidei, & tarn profundi ingenii tenebatur, omnia traclarentur, & tract at a irrefraga- bilem (ententiam fortirentur. So lngulpbus. The Name Cancellarim is varioufly underftood, Grammarians make it no more then a Scribe or Notary, as the Domeftici apparitores to great Magifirates, or a? Prafe- Uas Prtetorio. The Verb Cancello, whence Camellarius , Signifying to deface, or amend, or crofs out a thing written, having relation to a Su- periour commanding it, fome have thought to import the Office and Officer to be fubfervient, and under fome limitation: which poffibly the Lattices, which are called Cancelli, whether in Churches or in Courts do further illuftratq. For as in Churches, Chancels are immured in and fevered from the Navis Ecclefia, and the moft noted Members of the Church fit there; foin Courts, the Judges and Of- ficers of the Courts fit within the Rarrs, when the Counfellours, Advo- cates, and Pleaders, which Budaus calls Cancellarios, and we call Barri- fters, ftand and plead at the Barr.

In the Sacred Empire the Office of Chance Hour is as frequent as our Steward in Mannours, every Province almoft having its Chancellour ; who is but a Cypher to the Great Chancellour, whom Budaus defines, Principis prafentis Vicarius, G? eo peregre profetJo, Inter. rex quodammodo cenfendus ; and in another place, Norma omnium jura reddendum, cu- jm ore facundi Rtges mortbus no/fris efie (blent, cujus ecnlis velttt emiffitiis, etrcumjpieere omnia ac perluflrare credantur: And therefore CaJJiodore writing to one of thefe Chancellours, cajoles him thus, Rejpice quo nomine nunc uperis, tenes quippe lucidas fores, clauflrapatentia, fenejiratas janxas.

This great Officer, France, Spain, Denmark, Sweden, Scotland, prc- ferr above all Officers, and (o does England too, and that anciently; for Fleta writing of tha Great Officers of England, fayes thus of the Lord Chancellour, Eft inter cietera quoddam officium, quod dicitur Cancel- laria, quodviroprovido £? difcreto, tit Epifeopo vel Clertco magna Digni- tatis debet committi, fimul cum cur a Majoris Sigilli Regni, cujus fubflituti /«/# CancellariiowHcvmAnglia, Hybcrnia, Wallia, (£ Scotia, emnef que sifilli Reois cuflodientes ub/que, fo Fleta : Sir Henry Spelman fayes much in few words, Cenforem nonagnofcit prater Regem, nee lites ei trans- mittal Judices,fedinvitis ipfis fape adimit, fo He. And in all A&s of Par* liament and Inftruments of State, the firft Perfon of Truft is the Lord Chancellour, who is counted Magiftratuum omnium Antiftes ; by reafon of which the Ckancellourfoip is called, Summum hodie honorum faftigium, ultra quod nihil [per are licet homini quidem privato & togato, quajique quod dam fumma quxdam ambientis animi (olftitium. By which, and what to this purpofe might abundantly be added, it appears, that this Of- ficer is the weightyeft, and of greateft import of any in the Nation, Caput fanUioris mteriorisque conjilti^mihout which well-performed with

d truft

Ugt Forcatulum lib. 7. Dt OatU. mm Impetio & PhitoCophia. Salmuth. m Pgn- CU0I.T4W. r. ' f-i'6-

•£••<•*< is in cjna ct. Itbrtntur luds fa. Ttxfu.fifsis, Can- celli s, ash aliisii genus fepus erat circumfcrsptHi. E- raftn. Adag, j>j. Chi]. i.,Cent. 1. CmMudst Cicero lib. 1. 1)e Oratnre. Et ijUAfictrtarum ariium ftrtnjibsu Cancellis circstm- Jinfiam Scums. *m. litsnin a(Is- tnibus. ^b his Cancellis cjiatns ftse <ircumfcrtf>ji, declinavtro.

Budxus in Tan. diSt.p.-ji.Edu. Vafcof.

Vn.rUrnai.lii/. II,

Lsb.i.eii.f.jr. Edit. Seld.

Glols.f. no.

fri'ii.

The Introduction.

Selden !>/''*»- firtmu 1ti% Spelm»n ■» Glofa

».4»*-

(t) l» IntrtimS. Mum* vat For- cefcumm ** /«<• prr/(. Edw.Whit- chuich.Cwa Tn- WffM. TVmft. H.8.

Dmmm Cvietll*-

nai Ang'.ix m»/Ii-

r.r.j /amr.

Coke Trfl1*" i»

jo. Rep.

j lnftit. <» > Ed-

j. Siat. £«M-

htihu.

J«»r/ Defence

of Armesand

Armoiy.

Pbotius w E*- cerptis ex Olym- pic^. f»- 8 5*. *- dit. Sylburg.

thtrt « »w< f*" Miiitj in tht 0- fimtn. zchitk tur •S.oiy «r« •/". thdi rift •/ « yriw tit

Baculm,»l>«'> '** Tytones novitii, »(,. boi /»/«*«■ »fc«> Lvmctt t> it trtktn, Tcbtch v*s » dcviltun in thtir Hafliludia , txi Totneaments^i bttr, *nd thtnce •ant ttilti Bacca- laurei: ■uhtthiht Rrmujl Smlditn afitrvtrt ttilti ij. StM.. Faris f.7<8. '• 55- f

lit.

PeuusBlefenGs. firm. i.f. 130.

truft and temper, Oppreflion would call for Divine Vengeance, and Injury not be more the Siu then Suffering of the Nation : thus much for the Office of the Cbancellour. Though 1 judge in this high and fupreme fenfc pur Authour bore the Name, had not the actual Power and Office of Lord Cbancellour in England; true it is 1 finde him cal- led (a) Cbancellour, yea Summits Anglise Cancellarius by Pitfteus : yet I doubt the Grant he had from Henry the Sixth was abroad, Nen ntfia vi- Uo, (3 exulante apud Scotos Kjge. The Jus adrem he had to teftifie his Prince's favour co him ; but the Ju> in re not effectually commencing, till his Prince's fiipprefled Right ihould invigorate,and evi<5f. his Rival's power; our Cbancellour cannot be accounted fo plenary a Cbancellour as otherwife in his Mailer's polTeffion of the Crown he would have been. Though then he was not,as to the State and PolTeffion of that Honour- able and Great Truft here in England, fo compleat and perfect a Chan= cellour : yet Cbancellour to H . 6. of England he indifputably was, as alfo to his Son Prince Edward, and in it behaved himfelf worthy the Title of Miles Grandavus.

Miles'} the higheft rank of the lower Nobility, an Honour given to MenofMerit(for Miles quafi Millejimus, A man,z$we fay, of a thou- [and) who being an Efquire before ( for Sir SdwardCoo^ iayes, if his Authority be as good in Heraldry as in Law, no man was wont to. be made a Knight, but he that was firft an Efquire ) was rewarded by his Prince, or Tome having Sovereign Commiffion for f ome notable per- formance done, or to be done. Now this Honour of Knighthood was an encouragement to venture, the price of life, that which carries men fometimes beyond reafou to hazard, and beyond Confcience to detain what they get. Olympiodorus tells us, that Honorius the Em- perour rewarded valiant men with the name of BmM*'e/o<, which I am apt to think was our Knights Bachilors: and the Authour fayes, *Ou ^Vor 'Voptuor, Not onely Citizens of Rome were fo rewarded, but Strangers that dejtrved well in their Warrs ; yea not onely did they give them the No- bilitation of Honour, making the Alcbimy of baje bloud to become qc- nerous; but giving them badges of their Honour anfwerable tothofe nowinufe. Tacitus (AnnaLlib. 18.) tells us, that Equeftri digmtate donare, (3 Annulis honor are, were promifcuous : and Lampridius, while he mentions Severus his care to exclude infamous perfons from the E* queftrian Order, Ne Ordo Equejhis commacularetur, tells us alfo, and together with him Suetonius, That Rjngs, Spurrs of Gold, and Crowns, with Chariots of Triumph, were the reward of brave Spirits. As after- Ages have had like occafion for men of Courage, fo to them have they been no lets grateful 5 nor have extemporary Services gone without extemporary Favour. Honour being often given, upon the ground where it has been won ; which makes the Kitigbt Bachihr in his Inftitution, a brave Military-eftecmed Order. There is no man but rauft yield to Time's Sovereignty, and to that Fate, that com- mon Opinion, and perhaps general Errour introduces, That, That makes and mans what, and whoitpleafes * and though by its obfte- trication many notable Orders of Knighthood are. produced, as our Or. der of Saint Geerge, and thofe other, To'npn d Or, Saint Michael, Saint

The Introduction.

Jago, Calatrava, Saint Efrrit, the Annuntiation, "Templars, Knights of Malta, Alcantara^ and Montefio, or that of the Teutonic^ Order, 1 hough Ifaythefe, and the molt of them, have been honoured by the plta- fure of Sovereigns with efpecia! RayesofMajefty, carrying their Te- ftimonialin their Badg on the outward Veft, which challenges all ap. proachers to a more then ordinary refpecl: : yet bare Knighthood is not without fomewhat of a dignified luftre, both as in Antiquity and uni- verfality of allowance, it is moft ubiquitive and embraced ; and our Land and Law account it a noble degree/and of iooo years age here amongft us. Since then I fiude our Authours make Milites and Prin- • cipes a kinde of Synonyma's, as Brompton, no rude Hiftorian, does in w„.LondOD< his mention of David King of Scots, his coming into England 'in King t-10-6- Stephen's time, who was met by the Northern Englijh, in his words, (Mi- lites & Principes Anglias Boreales animofi, cum infigni Comite Albemarle, &c, viriliter re fitter unt Is) and (ince Jfyights Bachi/ors, made by any Sovereign, arc owned in all places as Perfons of Honour, and their Title lefs burthen to them in cafes of worldly viciffitade then others by Patent are, I account them both as to their Rife, Antiquity, and U- niverfal refpecl:, not lefs nobilitated then becomes worthy men and . •

u" r _ ' r • t r>i ■ r <-r a ■ c Rot. Patent. :o

merits. And inch an one was our Knight, who was Chief jujhee from h «. pn.i, •» the 20 ff. 6.10 the 32 H. 6. yea, for ought I know, to the 38 H. 6. and ™&&,jJr£\ after Chanccllour to his Printe -, to which Offices men feldom attain till f^J^"V' they be aged and experienced, and till they be notable for Counfel : therefore is it added here to our Chancelleur's remark, that he was Grandtevus, a man not fo much for Aklion as Counfel ; a. Knight, that like the old Leontine Gorgias, was famous in the very determination Csliu« Rl,od!- of his life, being able to fay with him, Quid voluptatrs eaufa"nihilmihi unquam facere permiferim ; and having gratified his paffion with no a- bufe of his virtue. This, This is he that is called Miles Grandtevus : and well may he fo be, for he was a Grand-Jier and Oracle of Contifel and Conduct ; Grandtevus* qui efl provetlioris tetatis^quafi grandis eevi fenex, faith Cerda : fo Virgil t

Et

gin, lib. i$>. c. 20,

6 1

quit villus Abas, & qua Grandtevus Alethes.

In hi. i.Aneid:

So Pliny, Alios ejji Grandtevos, femper Cams. Yea Grandtevus and Lon- Wl#,» £«vKJtheLafrW/promifcuoufly ufed for Old-age ■, in that then any thing of more then ordinary remark was cxprcflcd by Granditas, famous Phrafes, Granditas Verborum : fo Pliny writing of one rare for his time, fayes, Non Mi vis, non granditas, non fubtilitas^ non ama- ritudo, non dulcedo, nonlepos defuit. By this Attribution to our Chan- cellour's we arc told, that he was a man wife enough to make a prince happy ; A Grandtevus who carried Time's Badg on his Head, j^^Zcm •&- and Time's Glafs in his Hand ; that had outlived the Paffions and Eafi< ££££ t neffes of heady, fierce, credulous youth ; and was grown as full of teomm, orimu Counfel as an Age was of Moments ; an Helluo tempris, who had fo &»./«! 'i^ZZ'i meafured Time that it could hardly deceive him : This is he, who ad- 'd" 1^°n° A~ dreffeshimfclfin this Dialogue to the Prince, whom he muchconver- fed with, and thereby may be prefumed fully to underftand. And in- deed

"fax Un£tfnrttior\ gwiun Imptritftr- tmuuur. Lcland. <<«H.6.">Cygnea Cancione.

HolingOlcd.e. 6)1.

Holl'mjfh'ed. ft

*7». '

The Introduction.

deed the great Experience of this Gentleman, whofe former converfa- tionwith the Youth of Honour and Note, (to whom in times paft he had read the Civil and Common Laws ) gave him a more cxadr. Method of dealing with the Young Prince then the bare Principles of a Mother-wit ,or the rude notions of a life of Study would have fuggefted to him fincehad he been morofe and numerous, as moft aged men and Artiftsare, he would fooner have deterred from, then exhorted the Prince to.the Stud}- of what he commended ; for Great Spirits are not eafily cajoled into any thing by Pratorian Dictates, which fmcll more of a Cynique Severity then a generous Candour: but when he, in his grave and fober addrefs, complements the Prince into a good opinion of him, how well received are all his Documents ? Prejudices ;igainft mens Terfons end in prejudices againft their Words and Actions : and men of fcandalous looks are feldom lefs then Beams in the Fyes of Princes, who never look with pleafurc upon figures which have tor- yous, rude, and difcompofed Vifages. This the wife Chancellour fore- feeing, frames himfelf to fuch a Courtly Demeanour, as might not immerge his grave Defign in the danger of mifcarriage •-, But ftill prefervehim regarded in his Princely eyes, to which he ever dc fired to approve hmfi. If worthy : 1 hus much for the Chancellour, the fii ft par- ty in the Dialogue .

Kow of the Prince, the fecond and more noble party. This Prince was brave Edward, Son and Heir to King Henry the Sixth of this Land, by Dame Margaret Daughter to ~Reynard Duke of Jnjou and Berry, _ and King of Jerufalem, to whom, in his Father's Misfortunes, this Royal Stripling, forced to fly into France, addrefTed, and from w hom he doubted not to receive the C( urtefie of welcome, being undt. r thofe inevitable preflures which attend things humane, and agamft the infe- licities of which Crowns cannot prescribe i for could any Father have merited his own eftablifhment and his Pofterities bleffing, furely the Saintly Father of this Prince would have been the very Hee : lor He was a Prince of remarkable Virtue, a Pattern of moft perfeU Piety, up. right, farr from fraud, wholly given to Prayer, reading of Scriptures, and Alms-deeds •-, of fuch integrity of life, that his Confeffor avowed, that for all the ten years he hadconfefjedhim, he had never committed any mor- tal Sim fo continent, that fufpieien of unchafie life never touched him ; fe full of Charity, that bethought he did never enough for the Church and the Poor : Who on dayes of Devotion would wear Sackcloth, and learn- ed from his Saviour to ufe no other Communication then Forfootb, Forfooth > Tea, Yea; Nay, Nay i yea fo full of Mercy, that he par- doned (when for a time he was reftored to his Crown) one, that thruft him into the fide with a Sword when he was Prifoner in the Tower. Yet this Prophetique King, who foretold from the face of Henry the Se. venth, when but a Childe, That He would he the Perfon, to whom both We and ow adverfaryjeavingthe Pojpfpon of all things, frail hereafter give roorn^ and place, could not by his Kingly Divination forefee, or by Prudence obviate, and foreftall his misfortune : but after almoft one and thirty years quiet Pofleffion of his Government, in the fifty fecond year

of

The Introduction.

of his age, loft his Crown by Battel gained againft him, his Adver- faryes being fewer in number then his Partizans 5 and foon after his life was taken away by Murther, and his Corps buryed at Chertfey, being carryed thither obfcurely without Prieft or ClerJ^, Torch or Taper, Singing or Saying, or any kinde of Decent or Cbrijlian So- lemnity. So departed this good King. And unfortunate was Gallant Prince Edward his Son, who as he was a young Gentleman of faire Complexion and comely Perfon, fo was he of a brave, bold, and daring courage, as appears by his valiant demeanour in Tewkjbury field,wherein he very Princelyly manned a great and puiffant &rmy3ex- preffing noremifsnefs in any point of true and generous Knighthood « yet for all that endeavour loft the day, and became a Prifoner to Sir KJchard Crofts who took him, and for a while kept him fafe and fecret : but whether the fear of Edward the Fourth, now Victor, or the love of ♦the reward promifedto the Difcovery and Delivery of him, wrought the refignation of him into Edward the Fourth's Hands, fure it is, ren- dred he was, and as fure that upon the rendition of him he was con- trary to Edward the Fourth's Proclamation, (lain. For when he came into Edward the Fourth's Prefencc, and was by him demanded How He durfi fo prefumptuoufly enter into his Realm with Banner difplayed, Hee, the Prince Edward (Son to Henry the Sixth) boldly anfwered, To recover my Father's Kingdom and Heritage, from his Father and Grandfather to him, and from him after to me lineally defcended j at which words King Edward the Fourth faid nothing, But with bis band thrufl himfrombim, or ( as fome fay ) ftruck^ him with bis Gantlet, Whom incontinently George Duke of Clarence, Richard Duke of Gloucester, Thomas Gray Mar- quefs of "Dorfct, and William L»rd Halting, that flood by, (uddenly mur- ther ed i For which cruel AU ( faith my Author ) the moflpart of the Doers in their latter dayes, dranJ^of the like Cup by the righteous Juflice and due punifbment of God. For the Duke of Clarence who murthercd both Henry the Sixth and his Son, this towardly Prince,(thzt our Forte fcteeSo loved and applyed hirafclf to) about the 18 E. 4. was accufed of Trea- fon, caft Into the Tower, and after drowned in a Butt of Malmfey : The Duke of Gloucefter, after Jfjthard the Third, was flain at Bofwertb- field, His body being naked and defpoiled to the skin, and nothing left about him., not fo much as a clout to cover his privy Members, being trufied behinde a Turfivant of Arms like an Hogg or Calf bis bead ana arms hanging on the one fide of the Horfe and bis leggs on the other fide • the Lord Haflings was accufed of Treafon by the Duke of Gloueejler, when Protector to Edward the Fifth, and beheaded : fo that oncly the Marque fs ofDorfet remained, which, what became of him T finde not; but I believe he that fhed the bloud of a Prince had his own bloud fhed, as the Satis- faction of Juftice. For viler men never the World faw of Nobles then were thefe Peerlefsly wicked Peers who flew in cold bloud the Son of a King, whom the King in being, promifed to preferve : Thus much for the Story of the Prince, the fecond Perfon in the Dialogue , Who being the Care and Charge of our Chancellour, and proving notably rational and manly, may be thought to ap- pear fuch from the improvement of thofe Principals and Maxima

« which,

Holinglhed.y. 6?i.

t*{. «8^

God an A- venger of innocent bloud.

\itm ltd frttitt

tig. 7«». f*£.7»4.

The Introduction.

which our forte/cue^ His Father's and His Cbaneellour, had commu. nicatcd to him in this Difcourfe, De Laudibus Ltgum Anqlice^ which among many other Treatifcs that lie wrote, is accounted the molt worthy, as being not onely the fruit of his folid Law-judgement, which further appears in the Year- Books of H.6. from the twen- tieth of his Reign upward; but of his various Abilities in Philelogi* and Hiftorique Learning , as in what after followeth more at large appeareth.

So endeth the Introduction, which the Authour publilhes, as he does the fubfaquent Commentaries, Sub Prottftatiotte de addendo, GutSumT1* retrabendO) corrigendo, poliendo} pout opua fuerit (3 eonftdtius vi-

debitur,

DEO

Clementifsimi annttente.

e.w.

WmQV&ilccllor ofEnjlvui ^ndcrKing* Henry y;Svcth.

A Commentary Vpori

FORTESCUE

De laudibus Legum Anglia.

Itihitun tffKuJ;. rt vidtlnr Oratit- Mm, fiifnndirc.

CHAP. I.

Andeo vere, Serenijfme Princeps, fuper Nobilijftma Indole tua. ' Twas the Oratour's Rule, long ago, to commend what he had to utter by ape Prefaces ■, Or atom eft bene incipere : and the rea- fon being to engage the Auditours to Attention, and thence to captivate them , the Praftice proved not onely appropriate to Oratours, but to Hiftorians, and generally all Writers. This Method, prevailing with our Chancellour in thele words, makes - me ready to write that of him , which Seneca does of his Fa- bian, That he feems tohim, notfoimpetuoufly to mu'tiply words, as weightily, and profita- bly to exprefs his minde bj them. Socompt, fo feafonable, fo peculiar to his purpofe is this Courtly Fronufpiecc , that therein our Forte/cue, like Seneca's Fabian, may well be written of, as nan negligent in eratione, fed ftcurus, and his Book, to which this is the Inlet, be termed Ele Ha verba, non captata, &c. Choice words, not wrefted, as the manner Seneca Ef- ,0•• of men is, from their proper meaning, but fignifirant to the pnrpofc for which thej are al- leadged, andexprejpveoj ' an high Genius, and a Magnanimous Soul, that tittered them.

For here the Chancellour difplays both the Prince's Endowments, and his own Aifedti- on to the Glory and Extent of them •, that as, by the one, he appears to havetutour- ed a Noble mind, fo, in the other, does he infinuate fuch Tuition to take the firft fire from his Example, who loved the virtue in others, which was firft ineenerated in hira- felf.

This Claufe then, C audio, Serenifftme Princeps, fuper NobiUfllma Indole tua, re- lates both to the Prince, and to the Chancellor, in theExpanfionofit. To the Princty. as, Sercni/pmut, and Nobilijfim* indolis ; to the Chancellour, as affe&ed with, and rejoycing for the futurity of good to the Nation, over which his Accomplifhment was to be influential. This is the purport of this Introduftional Artifice, which I the rather, touch upon, becaufc it is a Courfe both Chriftian, and artly, not to prejudtca^e our

A Succefs

% A Commentary upon Fortes cue.

Succcfs by rude Prefaces -, but to make oiir ends on men in honeft ways, through the

Mediation of Favour, honeflly begg'd, and readily, with Content ofthofe we ask it

of, obtained. And becaufe the Caufe preceeds the Effect in Nature's Order, and it

will become us to treat of the Root, before of the Fruit, the Prince's Perfections (hall

preceedthe Chanccllour's. Afa&ion to Him for them, even in our Comment.

The Prince is reprefented firft, as Sereniffimns. Then, as Nobilifprn* ind.lis.

Sercuiffimus. Antiently Emperour s and Princes v/cre pleafed to be called by Names

of lingular Beneficence •, Pit, Clementes, Manfucti, TranejuiHi, Sereni, Felices : but,

of late they have aflumed Superlatives to their Condecoration, fo that notonely J

ter had the Name of Optimus Alaximus, but all Supremes are now reprefented by li -

perlative Exprcflions, becaufe they challenge fole Power within their Dominions. Hence

comes it topafs, that though Princes do communicate many Attributes of theirs to men

of Virtue, and Eminency(as to Patricians, Senatours, and Mimfters of Learning, and

State) fuch as are the Titles of lilt* fires, Spettabiles, Nobiles, Clariffimi, Perfeftiffjmi,

iniiiiitUdigni- (ofwhich Pancirol gives us a particular Accompt ) yet the Title of Sereniffimns, as inconi-

iVptZT'v". ad municable , Princes have referved to themfelves, and to fuch have wife men chiefly,

p to. 6-C.+. 17. if not onely, given it. Thus of old did Saint Leo term the Emperour Leo, to whomhe

chzusIL ugem wrote, Tp C-mfivJb^u , £, yaMTt-ntrea i,i Aiatv, To Our mofi glorious, and mofl ferine Sen,

joo. i» /.*. di Leo the Emperour'. and that, (becaufe Serenity in a Prince is that temperament, which

y«un?m 2ii"'fi ' keeps him aequilibrious, and properly qualified ,to rule, and all the Concomitants to it.

And therefore though Herodsan, to flatter a vile Commodus, may call him Nobiliffi-

mum lmperatorem, and Licinius Valerianus may , becaufe none others will, give himfelf

that Title; yet none deferves the Title of Sercniffimns, but he, that, in Lallantius his

7>«0pific. t. 1 j. wora^» '» cPere tnifericordia largiter fecerit, &c. He that is merciful, generous, and ha' s

expreffedin his life, and Actions, Perfect Virtue. Indeed Serenity being a Supraju-

nary may well be accounted more then ordinarily of: nor is it fo much a Courtefie, as

a due debt, andjhomagc to Serenity, to admire it. The Catholique Rational Nature

confpires to pay a Devoir to this Deity for the Diffufion of its quality to every thing.

Serenity is that temper, that gives opportunity to all Virtue; and then is the Sea fbn to do worthily, when there is no Cloud, no Storm of Obliquity in the Jtfinde, but all the Re- gion of it is clear : therefore all ferene things were accounted excellent, aflas ferena caelum ferenum, color ferenus, lux ferena, animus ferenus, doBrina ferena,' frons tran- ejuilla, & ferena , yea, vitam ferenare , and domum largo igne ferenare, are frequent in all good Authours to exprefs the greateft pleafure, content, and comelinefs by. And therefore the Pofitive being }fo fignificant, its Superlative muft have a fupereminency offenfe, reflecting moftintenfe Luftresona Prince, and prolating him, not as onely difpofed. to , but accomplifhed with the liberalleft proportions of humane Capacity, whereby lofty Nature is reduced to fuch an harmonious Manfuetude , as makes N'a- jefty comply with Meanefs-, ■ and forbear thofe fuperb and monftrous Titles, which both intimidate men , and intrench on God's Patience provoked by the Arrogancy of them. For though Attila may glory in the Title of Ira Dei ego fum , & o,- bis vaftitas, lam the Anger of God, and the World's Devafiation , and Abbas tile Per- fan King vapour, that he is King of Kings, and Sultanies, Lord of the Imperious Mountain ot Ararat , Commander of all Creatures from the River Corazon to the Gulph of Perfia , Governour of all Sultans, Emperour of Mufsdmen , Bud of Ho- nour, Mirrour of Virtue, Rofe of Delight • while Sapores vaunts himfelf to be King of Kings, Equal to the Stars, and Brother to the Sun and Moon- and Covoes will be Lord of Lords, Prince of Peace, Salvation of men, the great Conquerour rifing with the Sun, giving Luftre to the Night : notwithftarding the great Cham give out, he is 04mm./iwjc «- theSonofthehigheftGod, and Quinteflence of the purefl: Spirits- and Prefier fihn 1""r'i;&ii'hr c^allenges to himfelf, to be Head of the Church, the Favourite of God, the Pillar of mTseJ'.ul'l. Faith .- yetallthefe, and fuch other Rhodomontadoes, are but the Lunacies of deluding BcneU. 16. . and deluded Opination, the Metretricious Suggeftions of light, and loathfome Eccen- tricity, Privations of that Serenity, which keeps the Mindein a Royal Manfuetude, antA inclines it to a fertile, and frequent Humanity, which Nerva probably forefeeing in Trajan's temper, rewarded with Adoption of him to the Empire : for,though Trajan were a Spaniard, and neither an Italian, nor Italic d, yea, though Nerva himfelf ha4 many Kindred, and none of ftrange Origen were ever Emperour before Trajan, yet D|'0B ***•'* it£ i f ffl mvuv ov-nieiae I Jvftf -siw ovflkri*.* a&tviJmnr9 He did not prefer the ad- vancement

A Commentary upon Fortes cue. 3

vancement of his Kindred dove th: goodof his Government, 7>rf;<w,hechuks. T!«5 n^i^ua, &C M*kingVirtHC a Qualify atit.nte Government, rather then Country . And accordingly he approved hirnfclf: fornofooner was he in the Throne, but he gave the Senate aflu- rance, That he fhould disturb, or put to Death no good Man, which exemption of Good Men from fear, and danger, perfifted in by his o her fupernumerary largdfcs, of which that was one Openly he honoured, and preferred all Good, and fnfi Men, made all N en account him an Incarnate God , and poflcfftd them wuh fuch Eulog.ck gratitude, as would have tempted any Mindc, but that of ferer.it y, to abate of its condelcenfion, and to affed diftance. But the gentlenefs of his Vinde kept him in the merit ot that praile, which Herodian gives to Marcus the Empertur, Father of Ccmmodus, uw@- 71 8>n- nKiu>,Scc. that £<r did not onely profefs in Word, but prailifed in Deed the Gravity and ' ' :-'-4'** continence of perfect Virtue. In fhort, what this fercnifsimus in a Prince is, the Lives, and Carriages ol five of our late Englifl) Monarchs, tour of which are, I believe, rewarded e. «. o^Eiiz. with the Glories of Heaven for it, and the laft yet is,and I inccflantly pray long may be, K J" eh"'« u the living Inftance of it, will beyond all the Oratory of Words, and Sculpture of the molt Immortal and tranfeendent Pen, difcover, and confirm.

Our ChanceHour then meant much by Sertniffime Princeps , yet not all that he had to blefe God for in his matchlefs Pupil. To be ot a towardly and pliant Nature, to be a fub- alcum folum to virtuous Implantations, was a bleffing, which the rough and fanguineou9 trucuiencies ol" fome Matures abhorr: but to have mbilijfimam indolem, a fertility, and profufenefs of addiction to Good j to have, as it were,Good connatural to, and radicated in the very Free-hold, fo that it is, as it were, infeparabie from it, Thi$ is a noble Second to the former, nay it is theParcnt.of it, at leaft the fin: qua non: for fuch mofl:anend Priwcrr prove, as they are in the Oar of their natural Temper. Hence the Chancellottr exprefles the accomplifhmlnt of the Prince by Indices nobiliffima, as the fignifycatio futur* probitatis ; fo Tullj ufes the Word, Ctfarisvero fneri mirifyca indoles virtutis. So c;c. ad Bmfum 3 7. Ve fynibus 1 8- and he commends Lentultu as one eximiafpejumma virtutis adolefcen- **. i..s>. 7*.u. tern. And Seneca mentions Tanta indole Juvenem, qui a to Pater, cite Maritus, cita D= Con ° ' Sacerdor,tkc. Yea not onely in Children is Indoles nobiliffima a notable comfort, but in Grown Men in veris lignum eft prafentis virtutis, ioTully: Facenimfuiffeinifto C.Lxlii M. Catonis materiam & indolem ; and Pliny fays, primum nonmUis indolis ded* Ifecimen-^ and Aulus GeUius mentions Lata indolis adolefcens, \ib. 19. cap. 9. 'Fwereendlefs to raul- k^*"" ' tiply inftances oar of Authours to this purpofe : that only, which the Phrafe imports, is a natural edg both to Good, or Evil ■, for indoles barely is applicable to either : for though Livj writing of Lavinia, understands her Indoles to be generofytas quadam virtutis at qui animi{\ Ab Vrbe<j.^ yet, when he ufes the word of Hannibal, he makes it to Evil as well as to Good, cum hie indole virtutnm ae vitiornm fuh ^fdrubale meruit. And therefore the Nibiliffima here is not onely a Complement, but a Charafteriftical discrimination of the Prtn.e's propenfion to Good, as his Choice, and that which God bad fo tinftured his Temper wi.h that he could as foon ccafe to be, as not to be Nobly Virtuous. Indolem valent, quantum terra proprietas, & coeli,fnb quo aluntur. And hence is it, thac a* curious and thnfy Planters, rhat delight in choice rruit, do not onely preferve- choice Seed, and choice Grafs, but alfo fow and plant them in proper Soils ; that fo their Natural Indoles may have no \lloies, and Debafement9, but Additions from the Pofmon of their Fixa- tion.- fo do prudent and diligent Parents, and Supervifours exprefs their Affedion and Judgment in the Nurture of Youth to Virtue, that, their Natural Towardnefs not being Ripped and blunted , they may in time come to a virtuous Tapering, and to that pro- portion of Plenitude, which iheir Natures and Opportunities capacitate them to.

Which Connaturality of the fruits of Education with thelmpreAions of their Birth make Virtue fo habitual to them, that they may well be called theirs as ( by Divine Conceilion) they are tne temporary Polfeflburs of them -, fince by their Coalition with them, and their A ppropriation of them, as their peculiar Treafure, they are onely and properly termed, fereniffimi and H'jbiijfima indslis. For though Titles, and Terrour may caufe afcriptions of Perfection to \kn, who oiherwife as they defcrve them not, fo would not obtain them, Shews of Virtue, or claims to the credit of Her from the real Alliances of Her, to their Anceftours, is not currant Coyn to purchafe the Prince's Character here. For thofe remote and dubious Titles,though they derive faint and refracted lines from the Centre of Mcrk.yet are but the by-blows of its excellent Heroicknefs. They are as Monogenes , Pompefi Cook fomewhac like him, but not very Pompcy the Great : they

A a are

4» A Commentary upon Fortescue.

are aSerapio Scipio's Slaughter-Man, not indeed Famous Scipio, Afric^s] Mafter. jTt-ty are Spintheris the defpicable Player, noc Publius Lentulus the Grave] Senatour. 7 hty arc virtutis umbra, little conducing to Princes praife, but rather the Vizzard olfuch Deformities as feck, and take Sanduary and relief from creditable appearar.ces. That which onely is worthy Princes, is propnis gemmis corufcare, to fee ihat the Virtue they pretend to, be vera, non fucata ; propria, non alien*. For that the Chance Hour here admires the Pn'«:r,as One that was worthy hisDeicent, and Degree, and thereupon He allures him the Serenity of his Mind contorted with that Noble Towardlinefs, which he undoubtedly difcoveredto be his Own, unftudicd, unaffeded, naturally His, hsd fo afleded him with Joy, that he could not but declare his thoughts witn Gratitude to God the giver, and with admiration of Him the Sub jed of fo much and forare Endow- ment, G*udeo,Sereniffime Princeps.

This the ChanceUour adds, to {hew the Senfe Wife men have of Princes Worthiness .- for fince they are the great Examples of their People, and have, as it were, Ithe power of making them Good, or Bad ', the preponderate of them to Virtue , which will be the turn of the Common-Scale, and make it incline to the right, cannot but highly re- t» Attgufto. Joyce thofe, that rightly conceive it. Auguftus was a brave Prince , yet Suetonius writes, he never commended his Sons to the People's love nifi cum hac exceptione, ft merebuntur ,&C but With this provifo, that they defer ved, profeJpng,that Honour ought to be the reward of Virtue, and not the Companion only of great Birth, and high Blood. For well he knew, that if the Wifdom and Calmnefs of their Minds did not balance, and over- bear their Paflions, and make them tenable againft Temptation and the fierce and too often prevalent fieges of it, they would do by their People, as that General in Cedrenut wrote he would do, in cafe their Good and his Will were compctitours, aut tnundus pro Jmperatore &C Either the World JhaU acknowledg %fe an Emperour, or I mill make mj felffo, whether they will or no. Or,as Paul the Fourth, who was to great a" Self- admirer, that he bluftied not to fay, that either he would have his Will, or he would fet the World on fire, and go up in the flame thereof. r But rather as D'Avila reytefcnxsMounpeur le Hofpital the French-Chancellour,noi like

the Duke oiSuife all for Warr, but endeavouring to compofe, and fedate Differences , and to reconcile parties, though he held the reproach of a toft Gown- Man forfo doing; and Henry the thirdoi Trance, '.*. who was wont to fay, that by Civil, inteftine Wars Re- ligion it felf, which received its Nourifhment from peace, was much impaired, and G fo that,inftead of gaining thofe Souls that were gone aftray, by violent means, they did " endanger the lots of thofe, that were moft Zealous in theTruth : and therefore that of Plutarch in ad- ^e MoraliuVconcerning Cafar is moft true, p»Ar<t vi<t»v)&, aw'A <k»v*p]*, no Man, but rerf. stoicos " Cafar, that is in his right Wits, and is overpowred by Ambition, will come to the Com- f.i.5».«if. Fa. mon- Wealth to difturb it for his own Radication, and Eftablifhment. For ingenuity, that perfwades a Man not to better himfelf as chryfippns did by iva and <#»,' by topfy- turvying all Men, and all things, but keeps him in the Golden mean of Contentation , cfpecially fuch a Jewel in the Mind of Princes muft needs exhilarate all Men, chiefly thofe, that have had the Honour of their Nurture, and Tuition, and have been near them in at- tendance, and affedion •, and fuch the ChanceUour having, I conjedure, been, alledges his gaudeo upon the view of fuch imbibings, and fo pleafing probable Fruits arifing from ir. Gaudeojerenifime, &c. As the Prince's Virtue gave, fo the ChanceUour' % love took, the occafion of Joy at the Prince's proficiency. Por though Joy be the proper Ad of the cic. j. Tufcul.' Soul's exultation within it felf, G*udcre fignificat Tantam apudfe voluptatem fenfire, ne- Ef. MAALucil. que vulgi proferre gaudii notasy in regard whereof Triumphare, & gaude re is j'oyned by Eftf.u. Tully in lib. 1 8 9. ad Atticum, and Seneca cenfure him as Imprudent, qui adventitio Utus

eft; adding the reafon, Exibit gaudium, quod intravit, &c. The foy that is occaftonal onely, and rifts from imperfect" Virtues, goes, as it comes, but that, which flows from a Di- vine Soul, conform to God, is conflant , andfolid, and encreafeth towards Eternity. Mihi cre- de, res fever a eft- verum gaudium, &c. Believe me, true foy U aferious thing: and fo Ep. 27. Aliauid pittas bonum manfurum circumfpice,8ic, htk. upon durable good, onely lafiing %ey is to be attained by Virtue, (oEp.59. Efi elatioanimi fuis bonis, viribusque -fidentis, and Gaudium hoc non nafcitur nifi ex virtutum confeientia ; fo Philo, whiles he calls Joy fln. l!u.»Zidu,7'n,' ^m *° J»Wli!r0,'> determines, Joy nay be in no mind, but where grounds from Virtue are , u!u"f.'T77*" taking to himfelf, immortal delights. According to which, that expreffion of the ub, oe ftptenar . blefTcd Virgin , is Emphatick, My Soul doth magnify the Lord, and my Spirit rejoyceth in e nf. 1172. gg^ ^ Saviour. I fay

A Commentary upon Fortes cue. j

I fay, though to rejoyce be properly the Produft of our own good, and intern fe-. renity, yet ha's it an extent alfo to that good, which we opinionate to be in any one, and for that are as much deiighred, as if it were our own. £v.um ratione mimus move- cic. 4 Tufi, tur, &C. When the Mind is moved by Reafon, pleafmgly , and unalterably, then is it parta- ker of joy. Hereupon the Chancellour reckoning upon the Prince , as Heir of the Crown,and probable to be the Monarch of this Land,in whofe excellent Endowments, every particular in the Nation, would proportionably to its capacity and concern, be bleft, not onely excites others, but protefts himfelf much pleafed with,and refrefhed by the hopes and aflurances he had of futurities blcffing, in his excellent and Royal Incli- nation ; and this is the caufe of his Gaudeo. Videns quanta aviditate ttt militares ampleBeris alius.

It fhouldfecm the vifible Application of this Prince to Manly and Martial Experi- ments had been earneftly look'd into by the Chancellour •, who, not like a Parafite of the Court, or a mendicant at the Trencher, deluded the prince into a belief, that Vice was Virtue and haughtinefs of mind Princely towardlynefs : but like a man of weight, Worth,and Integrity, whofe Conscience led him to enter common with his Prince iri hazard, and whofe heart hoped God would give hisdead and (as it were) buried right a glorious Refurr.eftion in his future Profperity (which this his Addition to Chivalry , did in a kind fore-fpeak ) annexes this videns quanta, &c. as the Rife of his Gaudeo fere- nijfime Princeps de nobilijjima indole tua.

Videns, Men of Honour love the Warranties of Honour,Reafon, and Piety for their applaufes, not daring to gratifie Power and Greatnefs to the diflervice of Truth and fidelity. He that ha's fo debauched a Soul to put his prebatum eft to an uncertainty, may, ere long, be accounted fit for no Honour above a Knightfhip of the Poft. But he that fays no more then he fees, knows, and believes, deferves the credit of a faithiul Witnefs.

Quanta aviditate militares tu amflefteris alius. This is the materia prima, of which the Prince's Virtue,as it is here by the Chancellour rejoyced in, confifteth i and it di- rects us to two obfervables. Firft, Princ if is ele£lio, that which the Prince chofe to be the Companion of his Time, and the Dial, upon whkh,by the fhadow and reflex of his pre- fent irdination, they fhould judge the height of their after-hopes from him. And thofc were no nugatory Trifles,no effeminate Lubricities, no childifh refufe Trumperies, but 1 £reat and peculiar Glories and Ornaments of Princes, Militares alius. Secondly, Prinripis ergares tlellas, he profecuted them fochofen with no indifferent, rcaufi, and tepid love, but with a generous infatiety, with the keen appetition of im- patience, arid prodigal intentnefs. Quanta, aviditate militarist* umph&eris alius. His choice was optimorum ; for even Nature leflbns to this in all the) Emanations of her Implants, no Creature, but by its fenfual propenfion is vehiculated to what it apprehends belt for its Confervation , and ieaft contrary to its BcingJ Yta, take away thofe impediments to choice (vis major & metus , which Seneca lh. i.<feBene- fays, do ex neeeflitatc toller e arbitrium) and propofe to their fenfe things, they ficI,t- (hall decline what they apprehend injurious to them, and accept what is pleafing. And for men, they are ufually eftimated by their Company , Pleafiires, and profeffed I >:gagemen;s. And fuch is the rate of their Exchange, in the Reputation of men , as their Judgment is either dignified, or depreciated in its choke: Mefes loft himfelf almoft in the Peoples eyes, for chufing a Zipporah to breed upon ; fo courfe a ground thty thought unmeet to draw a fair-figur'd Poiterity upon • efpecially Princes, as they are altioris molis, and are the great Sea-marks, by which Subjects are direfted, are to avoid indiligence therein : > eglefts in them are ominous,and oftragick interpretation, becaufe their Duty being »> Ua^f •Ztslfav u>ou£r, toadorn their Charges by Aliions A(h f aiU. K>ngly ■, their Torpor is thebazard of their Government. cnt.L p. t'tu

Therefore H-mcr bringing in Agamemnon, when he fays, All his Companions in War were full of flecp, and took their 1 eft, finglesout Him, as more concerned to wake, becaufe he had l he care and confervation of all upon him.

A>X vk ' Krfni'hu 'Ayaut^vom •mliMV*. K*.ay llijd.x. *.|.

Ttrf' '(yt y\viu{it w»?>.a fft#ir o^^Aiyo\f\a.. Cart kfpt King Agamemnon broad awake, No fit ep, his chargt in dange r , could he take. j

ff Hence

C A Commentary upon Fortes cue.

Hence is it , that all Princes have Characters according to thefe firft Draughts of their Choices, by which they arc underflood to be legible in all their after Por- traitures. Nero, that delighted in Butchery, and in converfe with Mummers and Juglcrs, was prefaged to be a rude Monfter: as was Trajan, that was pleafcd onely with worthy men, and graceful manners, a virtuous Prince. The choice then of our Prince being alius militares,to inure himfelf to hardftrip, and to accuftome his body to toil,ro fix, his mind againft feax,and thence to chafe all touches of tffeminacy •, to pro- pound to himfelf certain hazard , and uncertain Victory . by hope to provoke Attempts, and by Courage (with God's blefling, to force Succefs : this choice of his is the merit of true Nobility , which Marius in Saluft exprefTcd thus./ account (faid he) /»Jugurth. Nature equally the Mother of all men, andthat the brave ft Spirits are in her Heraldry the noble ft, and moft to be honoured : that Nobility began in Virtue •, and therefore, though JcanJhewnoStatuesof my Triumphing Anceftry -, jet if mj Military Habiliments creditably managed by me , and the Wounds received on my Body for myCountrey, might be inftead of valour, and Anceftry, then I have wherewithall to render me n,ble ; thus Marius , and that moft wifely : for Martial Addictions, where manfueted and tem- pered by ingenuous and civil Virtues, fteal into the Mind informidable Refolutions, and inftruft, by obferving the Experiments of paft and prefent, men at Arms to learn the method of fighting, and the temper of bearing both lofs and gain, fince the 1 flues of War ,as all other things, are in the Hands of the Almighty, who difpofes them as he pleafes -, and often it is feen, that as the Race is not to thefwift, To not the Battle to the ftreng -, nor are always men fortunate, as they well defign, and dexteroufly manage their Defigns. Marfhal Memorancy was a brave man, and commanded in chief the For- ces of France many years ■, yet in all his Enterprififs became not of, but either a lofer, grievoufly wounded , or a prifoner: Notwithstanding which fecret pleafure of God, the beft Prefcript to a Prince's probable fecurity is Arms. And therefore, though true it be,that Seneca long fince writ to Nero, Err at, ft quis exiftimat tutum ejfe regem ubi nihil a rege tutum tft ,fecuritas fecuritatt mutuapacifcendk eft, non opus eft inftruere in al- t>'AviIa/>. upturn editas arces, nee in adfeenfum arduoscoti.es emunire, nee later a montiumabf cinder e^ Uh- '• * Clens- mult iplici bus fe muribns turibksque fepire, falvum regem in aperto dementia praftabit, unum eft inexpugnabile munimentum amor cmww.Though inftances there are of theOra- tories of Princes, who by the cogencies of their Wit , well and aptly uttered, have wrought Sub je&s to defpife Death, to bring their dying R ights to life again -, making them fo keen and eager on fight, that they have gone pleafantly ,and with triumph, to try their Title by Combats.and fonghten Fields : yet never did I read of any, that by brave words won Field,without the fecond of brave A&ion. For the perfonal Valour of Commanders makes Souldiers of raw, and bold of cowardly men -, when timerous and flying Leaders fpirit their Foes, and difcomfit their Parties. And Princes, whofe defign it is, to appear like C<tfartvi\ih their Veni, vidi, vici, and either to lofe life or obtain victory over their oppofitions, in a juft Caufe, and notable Qyarrel , relolve with our King Hen. yth.Rather to be left dead Carrions oh the cold Earth, then to btfret Hoiing&cd f. frifoncrs in Ladies Chambers. Omitting no accomplifhment, that Time and Affairs ">i%' opportune them to. For that Prince ,who is not valiant.will never be accounted wife,

fince Wifdom confifts in obtaining what we affect , and in preferving fuch beloved at- tainments of ours, which Valour well managed, and fpritefully exprefTcd, chiefly con- ducethto. ^

, And therefore that Precept of Pythagoras, M>1 y<Lida.i rZv tuxmiifut, not to tafte of

uh it Ednc. "W* things that have a blacky Tail , Plutarch rightly underftands to be a Command to Libtns. P. i'i. avoid men of diflblute fouls, and infamous lives, was very good, becaufe they taint thofe they breath upon, from the corrupted Lungs of their putrid Priuciples,and Pra- ftifes. And thence is it a choice piece ofWifdom,as to chufe the beft and moft every way endowed men, to train up Princes in youth : of which Plato in 2. de Repub. & lib.6. & y.delegibus Arift. lib. 6. Politic, lib. I. AgeUius lib.g. c. 3. and, according to which^ SSii"*^ Charles the Great educated his Children, Sons and Daughters , as Probms informs us . and as Theodofius did Arcadius , and Honorius, under Arftnius ; and Cpnftantine, did Nicephor u. zi. his Sons, Eufeb. lib. 4. de vita Conftantini c. 51,52. And , as Trajan was by his Ma- & ut>. h. rter pfatarc^ who writ to him that Golden Book, De Liberorum inftitutione. And Alexander was by Aristotle, and all the moft excellent prefideHts to the World of vir- tuous

<•■ a

A Commentary upon Fortes cue. f

tuous Majefty have been. I fay, as it ha's been their Wifdom, to chufe the choicd t£ Sduivtilw in e- men for their Tutors , fo have thofe Tutors been conducted to their Education, from '^ Hoalet" the obfervance of their Natural Tempers 5 and, by both, animating them to good, and etknn*. ' deterring them from evil, as they faw they were more or lefs addicted to them i efpe- cially when their Charges are of fuch as Fortius Cato was , Tarn acri ingenio ut ipfi fibi fortunam feciffe videatur^ &c. who was ofjojharp a wit, that hefeem'dtocarry his good fortune in his promptnefs -, no Art either publichjtr private wanting in him, fo great was sabellicus lib. ?, his eloquence in Speech, and bravo j in AVtion, that it purveyed for him all his after Enn«d'S. Glory. In jhort,fo rare was he in all parts of Virtue, that he feemed to da every thing as if hi had been born only to that end,& yet was all he Vfiijhed to be to a matchlejs perfeftiin Where fuch Princes are,they muft be tended fpecially that their Veftal fire extinguifh not,that they turn not to Serpents hiffing, which marrs the delight of their Virtues harmony. Their Minds muft be kept ever ftirring, that through inoccupancy of Virtue they con- ftagnat not Vice,which being habituated to men is not eafily rooted out of them.Here- upon theWifdom of thefeArchitefts is to raife aRoof of Action upon the Foundation of fober Virtue ■, to keep the Mind within bounds,and to fpend its volatility on Corporal Exercifes, which are of virile invention and performance. For the Tutors and Dire- dors of Princes Educations, after they have feafoned their Charges with Letters, and fecured their Breedings and younger years from the Cenfuresof llliteratenefs, prompt them to Corporal ffscercifes, and athletary Activities , fuch as are skill in handling the weapon, for defence of their perfons(a very great ornament and fecurity to any man of power and honour to excel in) not that he ftiall need either to proveke,or be provoked the more by it : for his Paffjon ha's no ftimulation thereby, nor will his Skill betray him to Pride over others,becaufe true Science abhors Boaft,but rather keeps it felf latent a- gainft a time of need, and proves a Referve to his fecurity againft fecret Attempts, and talfeTreacheries,which feldom are acted upon Princes of fpint,andCorporaI Manlynefs. Next to this,Tutors prefent to Princes riding of the great Horfe, and the right ma^ naging of them in all the parts and punctilio's of Cavalry ■, then they allow Jufts, Bar- riers, Tournaments,Tiltings, or fuch other Manly Recreations, as are fafhionable to greatnefi in the age of their life and breeding. And they at laft allow them to try the proof of all thefe preparatory Inductions by Field- fervice ■, that is, fuch v$nture,as may difplay boldnefs,and bravery ; but be as little in the Eye and Road of Danger as may be: their Defign being not to end,but to enamel his life with all thofe emboflings,whicn illuftrate the Fame,and aggrandith the Military Virtue of arifing Majefty. For wont- ednefs,and affufcency to any thing connaturalizes it,which Pythagoras gave us long ago the rule of,7£\K Him lit «?/srV, hJW /i *t/7»r *i>»h3m* mivwi. To chufe the beft way of . tatchuS tik ^ life and cufiom,Will make it delightful to us. The experience of which, even in Military ,xm,, p, 6«fe Affairs, rules the practife of great Commanders ( not ordinarily to draw raw Souldi- ers, and frefh men into prefent fervice , but to put them into Garifons to be trained, and their beft men to draw out, that their Novices, by the fport that now and then they have, may be gradually perfected in the Habit of couragious Boldnefs. Thofe alius Militaris then that our Prince here do's embrace, may be thought thofe onetyj that are the Recreations and expreffions of their fpirits in times of Peace. And to thefe he is faid to be notably addicted, and afeclienately atled. As well he chofe, fo to his choice does he refolutely adhere -, and this difplays both Judgment and Conftancy, A good Choice,and a grave Mind, not to waver, in, or be cold to it i Levity is one of the Alloys and exuberances ofYouth, and that which ha's fo greata party in thofe early Flowers •, that though they fmell fweet,and come timely ,yet they are foon gone. And therefore,the Prince young and wife,in age probable to chufe and chufe again; yet fixed to Us firit worthy Cnoice.defcrves well the praife of his Tutor while he lives -, as did fuch another Babe of Grace and Greatnefs, fames the Son to the King of Scots; of whom Erafmus gives us almoft an incredible accompt, concluding, Satis demum delori Adae- cuutl . noftro, fatis difcipuli memoria , deferve of him. For the Prince here is commended i,mi{'i *,s not onely ample ffi,which argues endearedncfs,but magna aviditate ; for fo the Quanta imports i 'tis a Note of Magnitude and Hyperbolicifm. Aviditas argues fuch a love* OS obctcates, a uon videndo propter nimiam cupiditatem, faith Feftus, a kind of Fury, that carries a man in a Whirl-wind, Sicut amens qui mentemfuam non bahet : Such an in- £*■».* Fimb«s. fatiety.as is in Nature's Hunger,and Womens longing : fuch as Tully reports o(Catoi Erat emm,utfcisJn eo inixhaufta aviditas legendi necfatiari poterat : and, in Pliny, no-

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A Commentary upon Fortescue.

thing is more frequent then aviditas diripiendi lib. n.c. 1 4. Aviditas ad allauem fa- c icndttnt, lib. 1 7. r. 1 8. Aviditas adciboj, lib. 20. f. 16. Aviditas faminaruns , /»£. 20. f. 2T. Yea, Tullie's infinita aviditas gloria , and his aviditate infiammatus , which he mentions, />'£. 2. *jpr. c. 54. All thefe; and fuch like expreffions in Authours, makes the Charicellour's Character of the Prince bv this Quanta aviditas, 10 be impor- tunate and implacable, like that of Cato, who confefled, Gr<tcas liter*? finex didici,8cc. I learned Gttek in my old age, And rras fo eager after it, as if J Jhould never be fatisfitd with any attainment beneath the perfection of it.

There was much then of freenefs and irritation in the defire of the Prince towards Arms •, fo that his Mind all on fire with love to, and valuation of it, teftified itfelf, by halting to, and embracing the Theory, as inlet to the praclife of it. Lor fo ampletti figni- fleshere. And not onely cognofc e re & int ellige re, buivthementer am are -, {oTrllj, Nee quod jus civili (Craffc) tarn vehementer es amftexns : fo in Saltifi. Jmferator emnes fere res off eras per Jugurtham agerein amicis habere magis magistj; turn indies ampletti. So Tully, Tanto amore fttas poffejponcs amplexi tenebant,ut ab his ixen.br a divelli citi- tts ac diftrahi peffe dicer es.

So that all the refult from this of the Chancellour in portraying the prince to be Martial, will amount to this, that ufe and cuftom made it not onely afftfted by, but connatural to him : fo that as Ariftides could fooner not be, then, not be j'uft, fcrihi Salem e toelo, &c. Sooner the Sun could be difplacedtht Firmament, then Ariftides be re- moved from hit integrity. So our Prince could as foon deny his Stomach food, or his Eyepleafure, as his delight Martial Exercife. And hence was it, that as tofhewhis forwardnefs, aviditas & amplecterii is aflerted ; fo to evidence him more led by fenfe and paffion, then reafon and fpeculation, this delight of his is rendered by Militares actus. For Youth is more pleafed with Corporal Travcr fes,then Mental Agitations ; thofe are introduced, when the Senfes exterior are glutted , and the wild Oats are fowed, as we fay ■, but Bodily Feats, as they are in Youth moft feafonable and fragrant, fo are they moft delighted to cxprefs them, becaufe Senfe pleafes it felf in its perfefteft model,and vivid'ft Reprefentation, which is that of the Body in Youth, when the Sails of the Skin are filled,and the Veins reaking hot with lively blood, and the Joynts undti- oufly motive with metaled Youth, and the Spirits energically diffufive, when the Circulation is uninterrupted, and the Violets fcent in the Breath, the Rofcs colour in the Cheek,and on the Lip, the Lilies whitenefs on the skin, when the Plufhy Mantle on the Head, and the fucculent Moyfture of the Bones, roufcupto agility, and per- form creditably their undertakings. Then, then, are men chiefly delighted in, and carried to actus militares. Yea, wenistheiropreffionofCuftomemore durable when it's fixed on Nature's marble and adamant, which was the reafon that Solomon advifes, to teach a Child in the Trade of his Youth, that he nsaj not depart from it in Age ; it be- ing not often feeri that vertuous Youths degenerate into vie ious Old- ages. Hence con- fidering the Chancellour prefents the Prince as fo earlily generous, and fo towardly inclined in his firft Dawning as it were. I cannot but greatly admire him, and believe the Chancellour by thefe Reprefentations of him was much a Votary to him. For, fince there is nothing amiable in Man, but Virtue, becaufe that has abundant remains of the image God, and the primeve Sculpture of omnipotence, fo without that is there nothing lefs eftimable then he in his degradation. And this was the fenfe of David. Afan in honour abode not , but became as the Beafi that perijhed ■, yea, the Heathen Agamemnon when by the Sycionian he was prefented with the famous Mare zAZtha, on purpofe that he might be excufed from War, accepted her *e/j» fiv>\*oitt*ve< , &c. Thinking a brave fpirited Beafi more valuable then a bafefpirited Man. And hereupon, when Princes in their afcents to Manhood, choofe honeft dclights,and honourable loves they are highly te be blazoned for remarkable, and almoft Non-fuchess, the tenden- cies of youthiy greatnefs, being moftly to lubricity and effeminatenefs -, the triflings of time, the debaucheries of Minds, the enervations of Strength,the neglects of Affairs, both of Peace and War , thefe are too otten the Infelicities, and Shipwracks of Princes as well as meaner men. Thus was Edward die fifth of this Land made unhappy by fond delight.

And it Youth abftain here, there is another fn; re that is apt to be caught by • defire of gain, though by indirect means } and fatisfaftion of anger, though by opprelfion and

blood t

/Commentary upon Fortescue.

9

blood. The Duke ofGuife, to maintain his party with pay, feifed on Church- Chalices, ^<&«"»>/«', and coyned them. * Henry the Third of Franc e , when he had caufed the Duke of G nipt £j££XT ~.o be murthered, came in all hafte to the Queen-Mother to tell her, He hadmade him* fmtmii, iw fdfKittg (-/France, now he had {lain the King of Paris : but (he rcplyed, Touhave made ^™oneU«°.«i theDukeofGuiktebeflain, God grant you he not new made King of nothing. Yea, fo D'Avif"/ 7X " long as Adam Gordon, Huntley'% Deputy in the Northof Scotland, ftands on Record sp°tP*ood'» for abufing the Queen's Authority, in revenging his Family on the Forks's Family, fjj£'**v their Antagonists, one hundred and twenty feven of whom h'e flew, and twenty feven burn'd alive in F avoj-houk - there will never want an horrid inftance of the danger of power in a vitious mind. Give me a Prince like Malcolm the Third,King of Scotland, who can defie a Confpirator, and bravely challenge him ; yea, upon his found repent- ance heartily forgive him. Such Princes England ha's moftly had, now ha's to a miracle beyond compare, and I hope ever will have fuch,who have been,are,and will be nobly couragious,but not bloody ; God and the King may, and dofhtw mere) from their own in- nate efential Clemency]b at they are ajfliilive to men not without the aidof others, whom they confult Voith • when they fend their Thunder- Bolts, and are by their Councellours often fo senen Natural. allayed, that their anger proves favour, faith Seneca. £l*iafovem, id eft, Regempro- £«*/?. lib. x. defte ttiam folum oportet ,&c. Such Magnanimity, fuch virtuous loftinefs of mind, will ?•***• keep all Maggots of corrofion and putrefaction off,admit no fuggeftions of Vice to Fa- miliarity and Audience, but abhor the promoters and folicitations to them, as valiant Griffon did.who beingCaptain ofH. j^s.Guard^nd commanded by him to kill theDuke of Guife, honeftly and religioufly reply ed,Sir,I am really your Majefiie's mofi humble D,Avila- 1- ?+i- and devtted Servant, but I make profejjion to be a Souldier,and a Cavalier. If you pleafe to command me u challenge the Dukj of Gmk,and fight with him hand to hand, lam ready at this inftant to lay down mj life for your fervice : but that 1 fhould ferve for an Execu- tioner Jbtforc yottr Majefiie's fufiice commands him to die, is a thing j nits n:t With one of my condition ; nor will J ever do it Vohilft I live : thus he. So dangerous a thing it is to give way to any evil,that,a battery and breach being once made upon Integrity, all the refidue and remain of Virtue is in peril.

Well may the Prince then here be a perfon of wonder ,and of the Chancellour's love,, who gives up himfelf to fuch innocent and graceful Recreations ,as are purejy Princely, and become him as peculiarly fuch : for fo it follows, Qonvcnit namqne tibite taliter deleilari.

Convenit namtjue tibi te taliter deleilari. This is added, to carry the Prince's praife to its true merit ; 'twas not onely a good, but a graceful choice, that he made,proportionable to his quality, and Ration ; his de- lights were not like the 'A/aw'/®- *»*i«, thofe Gardens of the Poets fiftion, altoge- Ceot.i. ehil. u ther vain and profitlefs , intjuibsu femina,Scc. in which feeds »/" virtue wiH no better Adag.j*. thrive, then feeds of plant < firewed up and do^on in an earthen pot -, as Erafmus his words are, no fuch delights did the Prince fix upon •. for then that might be faid of him, which was faid of Calvifius Sabinus in Seneca, Nunqu'am vidi hominem beatum inde- cent ins. Never did J fee a man lefs become his happy condition then Sabinus did. The fy *7- Prince ,like him, would have been great and rich • but in his demeanour not admirable, no nor imi table, as neither was he^ yea, had the Prince fo declined and inconfidered himfelf, that might have been faid to himintheafcer-timeofhislife, which Seneci wt ices to his friend, Numera annos tuos, & pudebit eadem vclle, qua volueras puer ea- Btitm <««. EP« demparare : Conftder thy years, and you wiH be afbamed when a man,whatye loved and glo- x1' ried in,when a child. But when he culls out to his eftcem fuch Recreations as are princely and vinle,well may he be applauded with a £onvenit.

Indeed delights are common to all Creatures, and the chief external good both of their defire and endeavour -, and when the objeft of them is adequate and regular, whenitha's no inconformity tothe Agcnt,tbat acb to.andisa&edby them, alliswcll, vnitmA mjMmk and like to be fortunate with us. For fince there is a kind ofDcity in the addiction, p*daS>i»m dan and genius , and the naturality of mens propenfions do moftly prefage their excellency, fr4iZ'ZmT/idm and preoccupy their conquelt of the difficulties they encounter with, according to that hmt mfcim of. Heraclitui, "£*»? dvSpm** Jkim*, and according to that, which Ammian MarcelU- ™'** """JjJ, nus makes good in all famous perfons.who have been excited to do what they worthily ™,ai auoe did.by it, hb. 21. p. 594. It conduces much to a good ifTue, that we mifmatch not our PiebeDeoj. genius, by any bale confon, or plebeian Mate of convcrfe and intentnefs. Ale men in Seaee- Et'ua-

C Plutarch

io A Commentary upon Fortescue.

i-ibro Dtftrm- Plutarch tells us, For tune is the Sifter 'd»o!xia<,vrHSti< , &, *fopiM3ti*( , of good educd- tttm—nm. tion, great perfwajicn, and rxatl providence, and circumfpttlion. Hence do the current of Authoursered the genius and duds of men, as Mints and Forges of their Fortunes, Tiiuv«riinum good or bad. The Comcedian ha's it, Sapiens ipfe ftbi facia fortunam -, and Portixt mo* Cato is by Livj S/tbt II ic us, and Bndaus made one, Qui quocun^ut loco natus, &c. who

would m«k? every Countrey his , and every condition he was fit for come to him , and force their seurte/ie upon him. Indeed it is not always the reward of Virtue tofuc- ceed ; the lines of worthy men do not always fall to them in fair places, nor .have they u Panegyr. always goodly heritages : yet P4f«in'i/i ftands to it, Sua cuieiue prude ntia Deus ■, and • Erafmus ha's collected fundry inftances to confirm it : and moftly we fee, that men are happy or mifei able, as their minds are narrow or great, adive or fupine, induftri- hk Trin»fs j», 0us or negligent, prudent or temerarious : yea, in Princes and great men, there is no bT^tfiiTntt- choice fo noble, as that of couragious virtue,tnat draws forth the mind to bounty, beni- 4rm« tnummt gnicy,and a through clofure with every overture of well-doing ■, nor is it pofiible nar- c*M/k,^ia,as':' row thoughts fhould cohabke where true valour is. V en of honour, who look upon f.Ht.Tsirem ' thcmfelvesas born and bred for publique good, are acted by principles of fuavity and qiitmpatr,* munificence , confulting no accumulation to themfelves but fame , no pradiceon $m"d«1L'fii men but that of Jufticc and Obligement; their delights are to be Patrons of Virtue,and «/"« fufatm Store- houfes of munificence. This the Duke of Gutfe made good to his enemy, the Vm'TSsim* Prince oiConde ■, for having taken him at Blainville, he fo glonoufly treated him, that \am?nfiZ!i. they both fupped at Table together that night, and after lay together in the fame £*v»pft >u» bed. So did Charles the Fifth Emperour do by Francis the firft of France , He r fart's j£T/«.!dein " fflft. H. 8., Yea, it is againft the hair, nay againft their nature, for them to be forced otherwife, though by r«afon of State, or ncceffity of affairs. Henrj fVardlow, Lord Mjt Scotland. Bifhop of St. Andrews, had fo noble a nature, that he thought no coft too great for a brave wrrk-, one day the Major Domus complained of the great number of comers, who expected, and had entertainment at his houfe, defiring him for the eafe of all hit fervants,t© make a bill of houfhold,that they might know who were to be ferved. He condefcended , and when his Secretary was called to fet down the names of the hou- fhold, being asked whom he would firft name, ar.fwered, Angus and Fife, two large Counties. The Secretary from this underftood his pleafure, atfd defifted. All this I ihftance in, to fhew that what men chufe as their delights, arc fo commenfurate to the additions of their fouls,that the one is difcernable by the other. Our Prince then by chufing militares actus, as the fubjed of his embraces, may very fitly be faluted with a Convenit tibi, Princeps , taliter deleSari.Yor he, in thus doing, anfwered all, that could b'eexpeded from him, ratione fama, familia, fertuna, potentia, all which were either hopelefs, or hopeful, as he proceeded to the improvement of this choice. For if the Prince fit ftill,andcry Leo in W*, fearing to hazard his perfon to gain his right, he both contemns his Government, and animates Rebellion, upon hope ofnodifturbancefor recovering it-.and the infamy of fuch pufillanimity, being a Hell on earth,tnakcs a brave mind kindle, and engage to recuperate, which if God pleafes not to permit, yet he dies with the fame of an honeft valour, and a juft refen tment of his injured eftate, and fells the Fine and Recovery againft him at the deareft rate, refohation enraged, and defire doubly edg'd,can part with it at. b'^tviu ?.tj7. Famous Mcmerancj in Anno 1576, fighting againft the Hugonots Army, was bo!d- Jy charged by Robert Steward, Momerancy asked Steward, whether he knew him, or not ? Yes, quoth Steward, I do ■, and becaufc I do, I prefent thee with this, and fhoc him in the fhoulder, fo that he fell , but as he was falling, he threw his Sword, the blade whereof he ftill held in his hand,though broken, with fuch a violence at Steward's face, and then he was near eighty years old,that he beat out three of Steward's Teeth, brake his Jaw- bone,and laid him by him on the ground for dead ■, which fhews, that men do fell their ruines, as dear as love and rage can make them to their R timers. Ncdum quia Miles cs, fed quia Rex futurus. This is added, iofhew,that Titles imploy cares of correfponding to them in adioas of congruity. Magnos magna decent . This Alexander underftanding from his Matter Ariftotle, or his Mother-Cm'** , replyed to one that asked him, if he would run at the Oljmpic\ejGames : Do any Kings run there ? implying, that men muft do onely tho/e Adions, that are femblableto Ihcmfelves, the Adors. Of this Nehemiah had a fenfe, when he refolved againft flight io tbofe words •, Shall fuch a man as J fiy f And thij

that

^Commentary upon Fortescue. it

that Empsrour remembred, when he rouzed himfelf up again!!: forrow for his diftreftj with chd'c words, Nondecet Impsratorem mori flentem. And to this the Chancel - lour here is che Prince's Remembrancer, that as he well chofe, fo he (hould fix upon grounds oi" Congruity and Keafon, as he was both a Knight in prefent, and a King in pofiibility.

Miles es, 3 T his is not expreffive of his profeffion and addiftion#but in a more prefs (Vn e relates to his particular dignity and degree.For ufual it was with Princes afore, &in f/.o.time, to create,by dubbing their Sons Knights at the Baptiftery,or in their Cradle, or when they were able to go.Peihaps our Prince might not be fo early a Knight, but one created either when he grew fifteen years,or before.Whenfoever he was Knighted, is not much material ; that fuch he was, is without doubt •, and that fuch he deferved to be, according to the additions of his manly mind, is plain from our Chancellour's words, which I take to be not pompous in courtiery ,but real, according to the latitude, and very truth of its Hiftory, and accomplifhment in him, Rexfuturus. This is the other Argument on the behalfof Martial Afts,as our Princes choice. He was born the Heir of a Crown, and had Tide to Regality, when God fhould diffeife his Father of Regality by death ■ till when, the Prince was but a Subjeft : for the Law abhors depri- KM . vation, or resignation, upon any pretenfe whatfoever, Allegiance being indifpenfable, nuitiln^nu"^. and determining do how but by death. Now the Prince being by Inheritance, if he ****** **t*«m (hould fumve his Facher,a King, this Rex futures is proper, as to that probability and ^'i'^TZ the regality of a Title ■, but it had another fenfe alfo from our Chancellour : it is as it UmUMt,q„Amq; were a Prophecy of Loyalty,concerning the ruine of Ufurpation, and the Introduction ^wii,*" of H. 6. the rightful Lord, or at leafl of him the Prince (now his Father is dead) King, mimnmt*giim Rex future is indeed the voice of Lsjalty, but it ha.' s An affociated per Adventure ibecaufe *""■ f4™'*" what we arc is before, what we fhall be behind the Curtain of Providence myfterious 1ml J*™™?* to us. ' Twas bravely faid of our Text-Mafter, but he (good man ) reckon'd without F? *i»»>»jiv his Hoft, and was not a Prophet in the upfhot: yet this he did, to keep up the prince's ZfeZZ,.m''fHb, foirit, to harden him agiinlt defpondency ,to rivet on him magnanimity, which eredts a mgimqiu

mi

Kingdom of content in the very quarters of Croffes. This, I believe, he did , to leffon '"'*'■ "d ''" him, that power loft by Battle, is by Battle to be regained ; that Princes fighting ftre- yw,»j in^km nuoufly are probable bravely to fucceed ■, that diligence makes thofe fortunate, whom •»««»■«■ senee.,. d.ffolutencis reduces to want,and, what's worfe, contempt ■, that if there were no other ^f DSoBenc " Argument to Courage, this were enough, that Princes are impatient to be the Vaffals and Tennis-Balis of Fortune, and that their probableft Refcue and Rcftitution is from Pvefolution.

Rfgis nempe officiant eft pugnAre btlU ynpulifnij& cos rtttijpme judicare. In this Claufe the office of Rule,both as to War and Peace, is fet down ■ and this che Chancellour appropriates to Kings, as the meeteft perfons to carry on both good Of- fices. This was primitively familiftiejue, all power being vcfted by God in the Heads of Families, over thofe that were theirs by Generation, Emption, Compact, or Con- ductor. And as the power of life and death , which was Civil Judicial power, was in them ; fo alfo was the Military and Bellatory power in them alfo ^ for, if they were to rule their Family,they were alfo to proteft their Rule from inroads upon, and injuries to it.Thus did Abraham,vcry foon after the World's peopling, arm his menial fervants, to propel danger from them,and redeem his captive Nephew, Gen.xiv. 14.

After when power was more publique,and increafe of people dwelling together called for a Magiftrate- the Sword, both to repel evil, and compel to good,was lodged in him as well by the determination ofGod. as the confent of the people. This did Mofes fofln,ih,and the Judges execute,and after them the Kings, God having written this Sa- fiense on man's nature ; according to which, generally, all Nations, and unions of men in all places, and atall times, affentedto thepofitionofpowerinoneor few, for the good of their refpedive Combinations. And, if the Holy Writ had been filent in this, ., ■

there had been good authority for its practice , merely upon the rules of civil conve- ^"r4Zs° m"s" nience.andfocialneceflity, which is anoriginall.aw, and paramountry takes place, as ■?»»«>, 9««i»?« having its warrant in its weighr,importance,and utility 5 nor could it be doubted, but £'«"' *)*> jH the general compliance of the rational nature with it would have filenced all pretenfi- mt "7Jfi?Hm'/&' ons to douk about it. But St. Paul, from the Spirit of God, ha's partly afferted Ma- ****$» «**» giftracy thus accommodated,as our Chancellour defenbes it. The Magiftrate bears not "^Z'i m"«' the Smrd in V4/'»,that excludes power from being made a Cypher. // then doeft well,

C 2 thai

A Commentary upon Fortes cue.

thujhalt have praife j if evil, fear the ftmtr i that is, the authority of God, in the truft of man, is for promotion of Juftice , both in animation of good , and repulfe of

evil.

Under which head, War, as occafionally neceffary, is not onely lawful, but ufeful ; and that without which, Juftice cannot be propagated ; face Wars are undertaken noc Dl,m«f*(i>fi wifely, nor properly as choices, but as fuch exigents, without which peace and juftice '"1uZ»^"*rmd cannoc' De accomplifhed, or en joyed: fo trueisthatofPir/fmu Martianus, who, tgn'nus' « vim though a Creature of bufele,and one made by battle,yet when become great and grave, ,)»>(. $75. <*«■ declared it his Maxim, Let its not live War, while we can leave in I'eace. And therefore, AlHuSpanunw, if a Governour will prove himfelfan Adrian, Itafe Rempublicam gffiurum,utfciretp»- f in. edit, syib! tHu rem tffe, non propriam; if he will (hew himfelf untreacherous.by being jealous ofhis %"!Z p™U" ncceffary power ,hemuft apply himfelf pugnare be/la populifui, if ever he intend eos re~ Mid,, difnm, Qiffmc judicare. For as the Empire of God is not fubmitted to, but rat tone potentin & puMmwuttfl. . formifau vinditla in rebclles ; fo will not humane Governments be fubjefted to in their Vbj?nJ.tC"n*>. moderate, legal, and uninjurious Commands, without punifhraent by the edge of the seneeaw. i.De fword upon Recufants. Hence was it, that as the ftwst in times of peace, pu- ciem. tdfinw. jyj^gj Enormities with death, reftitution, retaliation, according to the divers nature of them, fo did they impede the great neighbouring evils of encroachment on them ■, which Nations bordering on them were ready ever to attempt, by diverfion,"and ma- king their Countrey the feat of War. Upon which they were led by their Kings, and Leaders ,who were fepthahs for valour, Sauls for ftature, Davids for activity, chofen men, whom their people followed readily, flood to manfully, brought off viftorioufly, there being a natural love and loyalty in all people to men of honefty and valour, as appears in many inftances, but chiefly in that of the people to Jonathan , and after to >>»,», mfiatiu David ; yea, and of later times to Nieephorus Boloniates , who thruft Michaei Ducat Tmcipii tmidi- from the Empire ; and, Ignatius fays, had reception by the people, as a reproach to Ducas

Z$£uL» MsCovardife.

us «• vita ,jm Hence came it to pais that the Nations looked upon no virtue fo peculiarly and di-

M*u redly in the Kings, as Chivalry. Plutarch tells us, the Egyptians chofe their Kings U

oGride p. js4. ™v itfur,n wv (uf£(u*v, either from their Priefis, or from their Warriours •, and he adds

tdii. Patif. the reafon, T« yiv <h' * *rJ>i<*r, t» Ji <ho mpitty, y.nt *£i'«(** >£ vw k *«^r7«,as thinking

/^i?" **' *°" thof* owh Worth] to rule, who were famous either for Valour , or Learning. And Xenophon

writes, that the Greelej were like minded , T? Ji /8<wia«V ir$t<MHv in'oymnv i p*/i«f-

yia.9, £>*• >&K»Kg.yei$t*.v. So well advifed was Agefi law, thzi he judged ftrenuity pro-

ii^j.Memersb. cor KingS> So Agamemnon is commended by that Authour from a Poem of him

here quoted.and approved, ' App67{#r, $&ft\£( r aynSU-, K&flt(if r a<^//.rra«, He was

both great to fight , And wife to rule aright. Yd, he brings in Cjrm, juftifying himfelf to

be a good Governour, from that valour he expreffed againftthe Nations enemies ,

'\i%e)v wr«« nitv /mi tfbKti Ttt toJ'J* *.\>}li <Ji>7<*t xsBfj7Jfit;tu , as if it had become himfcur-

vily to fear, and not rather to fight them as he gallantly did. And Clyttbultu is brought

in by him, declaring, that the Per fan Kings did, and they ought ever to divide their

»» Adminilhat. tjmc^ j^y^'a, 7t ^ Tfo mhi/xiKi* Tvxyw, between War and" Husbandry ; and where

l™' Hift. g)x- ever this diftribucion of Kingly Office is not, he terms it, kukUm /W<AfI*r, an imperfctb

c*p. 4»«. Government. The Remans alfo eyed much Valour and Military Prowefs in their Kings,

puni"pnnc'p»w' Confuls, Emperours.and Captains ■ therefore they chofe two yearly Confuls, and pur-

c ii. pofely difpofed one to the care of Martial ; the other,to the civil jufticing between man

K.omaniy«»^r an(j maniyea .though they were a Nation fledg'd by War,and were made up of flagrant

ma , can* »■««- and combultible F.lements,yet were tney molt jult in their pacts, and inviolably zealous

ma'"U'^nrtm, ^0I indemnification of Allies - nor did they ever take a provocation fo lightly ,as to pro.

^li'd""imptm!m" ceed to revenge it on their Provokers, and right themfclves againft their provocation :

luut vdu jufii. but, upon fullain and furly perfiftencies in contumacy, and refolves ofinjury, memores

tin aurelnrJeU .<-!•/• I' ■ (1 *• J i •>■ i • • •

i»f.p»/«m.Ro. tatjoeaerticum ptnu nonjtatimaa arma procurrunt ,dum prtus more legittmo quart ma- manuitM4/>;«J*i/. /unt,(d\thfornandes.

s ma* GDeewm ^ ^cel*» w^cn ^e^ c^0^e ErnPerours» an(^ Chiefs, they looked upon the warlikJft t)f plzHlit. " " men, and him they fubjedted to, and followed ■, yea, the Laws of all Governments, as *f's 'it *4*' ' °f tne Empire, Trance, Spain, Denmark^, and this Empire of Great Britain, do there- fore call Wars the (a) King's Wars, Coyn (b) the King's Coyn,the Navy (c) the Kings

«.;. II £.| .(. 74 H. 4. t.i|.» E.t. t. 4 & 5- F.M.t.i (b)zs *.t.«.*.lt. J H.7. c. 6. $ £.«.c.is>. 10//. i.e. ij. fc^ji f/i^.c.4.

Shipping,

A Commentary wpetf Fortescue. 13

Shipping, the Torts (,d) the King's ftrong Holds and Caftles, the Laws (e) the King's ^ *t* * *lS-

Laws ;. the Sub jefts, the King's Subjects ; the Courts,, the King's Courts • becaufe by £1, .(« ;2Yj£;»

thefe the Kings arc enabled to defend themfelves,and their Governments, and that by

Wars, to fupprefs Rebellion, ordiverc Invaiion. And the truftsofGodandMen,

vetted in the King to thefe publique Bencficencies, have, do,, and will ever produce to

their Truftees, glory, riches, and ferenity. Thefe exhalations are returned in golden,

filver, and milky (howres -, the Via lattea of Majefty. Cafari tjuoque ipft, cui omnia li- Seneca.n Con-

cent, propter hoc ipfum multa non licenf.omnium domos iUius vigilia defendit, omnium otium £0' ■ *? rolyb'

Mius labor , omnium delicias Wins induftria, omnium vacatienem Mitts tccupatio. Now if

the Office of Kings be to war for peace, and fecurity j where, without it, they are not

purchafable,or poffible to be kept .then the means of effacing thefe are, de debito, the

King's. Every end fuppofes a means. If the King be to do, he is to have wherewith to

do : he is clfe but ttgatum mancipium. Therefore our Laws do own and recognize

the Seigniory of .he King, to defend force of Arms, and all other force, agalnftthe ^"3j*™ j*

peace, whenfoever it {hall pleafe him. So declare the Peers and Commons,in full and "JZ^aTc'C-

tree Parliament, 7 Ed\\>. the Firft. Not thereby to out themfelves of all fub je& -like »«». & L*K*um

Cbunfel to their Kings, in cafes ofWar, to be entred upon: for, in thofe Cafes, our ZT&J"'t-

King> have chofcn to take their advifes, before their own perfonal ones : but the Law um gudmm, qui

wasfo, and fo then declared, to enable the Crown to do its proper office, in cafe of f'(™4^'

emergencies, either of Rebellion, or Invafion j and were they bound to wait the Con- fit'tlTcZijki.

ventionofCounfels, tedious often before, and in their Meetings, Remedies would be fii"dit-%Ai-

iropbfl5ble,and Villaniesunhinderably fuccefsful.

•fer» medic ma paratur\

Cum mala ptr longas convaluere moras.

This is the rather to be touched upon, becaufe it was once an old fore, and through the putrefaction of this hath made a many years confufion, and given being to a Level- ling Monfter, and a Hydra- headed Antique, which deferves to be caution'd againft in the legal; Aflertions of the Truth in this CaufeFor the King being caput regni & legum7 all direction, protection, judgment of difcretion, and feverity is in him;, and as the Law fays, Nihil poteft Rex,<\uam cjuoddc jure poteft •, fo is it a juft Rule (faving incom- municable abfolutenefs ) ^uidejuid fovijd Rtgi licet, that is, as unaccountable to the coercive power ofSubjefts are Kings, as God himfelf ^ the Deputy : as his Principal, though thitoi Seneca be alfo true, Ad Re ge spot eft as omnium pertinet, ad fingulas pro- ^7DeBent„ prietat. Yea, were not Kings exempt from thefe Shackles of Iron, and bate Metal, fie. what glorious Nothings, and glittering Cyphers would they be ? What pitiful Merce- naries would infolcnce, and Plehe tan encroachment reduce them to : like that Tar. tartan Prince,they would truckle under the Usurpations of their V.aHals, and be guilty of that eafinefs which is irregal. Quod ad Religionem att'wet , de qua inter vos difputari /"udio, vefter Ptntifcx mens Pontifexerat- vtfter Lutherus, me us Luthcrus. So abhor- lahoK. Diftmf. red a degradation of Majefty, that no generous fpirit would take fuch an unkingly FoVitlc-?' »'• Kmpfh.p. .

TheLaw thenin the Chancellour's words, Pugmrc beHa populijui, ha's this Inter- pretation, That the King is by Office to fight the Battles of his People ■, that is, by his people to battle,for the adjunct of propriety, ha'shere but a fenfe of miniftry, not cau- fality ■ that is, 'tis not to fight the Wars of his people , as they are Warranters of, and Regents in it ■, but of his people,as they are thofe Instruments he fights by, and fights for, iince the end ofWar is Peace, as it follows, Et eos reclijftme judicare. This the Chancellowr adds, to fhew the amiable, as.beforebehad the terrible Check of Maje- fty. So wifely ha's God provided for Order,and the tuition of the Magistrate's power, that between Force and Law it fhould be intemerate. Force fupports Law, and Law moderates Force • were it not for punifhments, we fhould be Ravi/Hacks to one ano- ther. Homo hemini lupus -, and were it not for Laws, Property would be determined by Might,and lame and helplefs ,d/e/>/? .;M>«/w be popped off with nothing , though they are the rightful Heirs , and ought to be the real Poffeflburs of their Rights. So that Laws are the Rules and Monitors of Kings.concerning their duties toGod,in their de- meanours to men. Tis true indeed, Parent habere non debet Rex, nee multbf artist tfu-

D « perierem

,4 A Commentary upon Fortes cue.

teriorem injufiitia exhibenda, ut dtcatur de to, Magnus Hominut ncfter, (fr magna vir- tus ejus. That Fleta aflerts, as the King's undoubted right : but thcnhefubjoyns, Licit omnes potent ia praccMet,cor tamcn ipfius in manu Dei ejfe debet , tfrnc petentiafu* maneat irrefranata, franum apponat temper antiaj& lora moderantia, ne trahutur ad in- jurUm qui nihil aJiud pttefi in terra, quam quod de jure potcft. So Fleta, lib. I. ' ' hetrtfuUt.' c.ij. *

In pir it- I know that great is the indulgence of God to Kings, and vaft Prerogatives ha's he Stfu-rn 8«»- vcfted them wiih. And to Kings, as the flower of men, hath he given rational princi- 7«f®- J\ » pics of Sapiencic, to immare and proteft his Donaries to them, and Kings would be ac- &wk£<. ceflTary to their own, and their Subjects woes , if they fhould not employ to their crlfpinw *fud prcfervacions (in all worthy and wife latitudes ) fuch Intrufts, and Commiffions, by «!'p"" *-Ser Go<* an<^ Laws de,cgatcd to them. But yet F leta's counfel is from the unerring mouth

and mind of Truth, Temperent igitur Reges potentiam fuam per le- N»Him i»m rm: *u d^mtMiu tmigwh*i> rem^ 9Utt franum eft potentia, quod fecundum leges livant -, quia Cftl£^^£?^ hocfanxit Ux humana, quid leges funm ligent latorem :* alibi digna tttune amri ifftrmm emmtdmm frcdu- vox ex May ft ate regnantts eft , Lt gibus alligatum fe printiptm cdmm *d /"«/«•/;««». Modeftinus.lib.J. proHtcri. SO he locoprtc.

^° """' It is [edition in Subjells, to iifpute Vebat a King may do in the

King J*me,-t Speech at wh«<.H4ll,ii°f. hcighthofhis ptwer, but jufi Kings mil ever be willing to dec/are P- s>r. of his Works in F»l. yehat the j will do if they will not incur the curfe of God. J will not

be content^ that my power be difpnted upon : but IJball ever be wil- ling to make the reafon appear of all mj doings , and rule my actions according to my Laws. Princes then muft not be remits and negligent, but vigilant and diftributive of their btwm- ^ power to their Subje&s ■, that's judicare, the ad of Majefty,by example of, and authori- KK¥ J\ k, ^ ty from q0(j The Lordfitteth in the Congregation of the mighty , he judgeth amongfi the JiatuHt -mtr ^^ And thii impartment of their power, they muft make fecundum jtu & aquum,& WK t»»( v* the Lawg 0f their Government direftsand advifes0and that's re&ifime eosjndicare. For *"' , *\mt though Laws may be hard and unpleafing, yet,wbilc they remain Laws, the people are Ji<g.K» ly rh~ to^j^iej ^ )M<i thc Prince is neither cruel,norunjuft,inexafting obedience to, nor Dio'o«n« Pr. »" correding contumacy againft them. Though his goodnefs and confeience, indif- rt»gor. w sto- charge'of his place and power alfo it be, to caufe their emendation and correction ( if Damn serm. ♦*.£,<.[, tney be ) with all poffiblc fpeed , and to proceed with all imaginable zeal to the Qxfiripu, deliverance of the people from the burthen and influence of their rigour on them : fo ■qmmvh <Ur*.c{i wifely fpake King fames of happy memory. If any. Law or Statute be not convenient , *T PauliG«r44 '" ** be amended by Parliament -, but in the mean time, term it not a Grievance : for to hb. 5. *d edit, be grieved with the Law, is to be grieved with the King,who is [worn to be the Patron and StJm '" ^aintainer thereof

King j w? And thus all gracious and beloved Kings have ever done, ruling not by Luf^butXawj speech at wbiti not by abfolute power , but by legal adminiftrations : and this will properly call him, pnV. of°his that (o does a King. 'O/twifjS w'gj!r»cc7B i<tu7?,&c. Tyrants feek_ their own good, Kings Works in fit. the vood and benefit of their Subjects, faith the Philofopher • and lib. $.De Repub. after . he Ka's fpoken much of Kings, as Keepers of thofe Rights, which Nature ha's annexed ins cii.c. 10. to men,and made them Detendersof, he concludes, 'fir/ 11 ««'( TO^criwc, &c. that ?-«J»* ( is, The Tyrant's end is benefit to himfelf, to fmkjhefweet, and eat the fat of Subjetls ; K<a rfyflJiir- but the King's care is toprofit and better his Subjects, by example and precepts of virtue, ■nti Ji mt/]t(, feeing they do things honeft,and of good report. And that this is the fecond pillar of Go- ir«l4f'< <tV vernment, and that which Kings are to look after, having by the Sword procured •nit at fiA.")/- peace ; if otherwife it was not attainable, is plain from the joynt confent of all good ro« in, Authours, and Authorities of Scripture, Reafon, and Practice ■, as learned Hopperstt, DcnE%hc0I'cJrt and P*'*"* O" Plat0's Politicks, ha's notably obferved.

uin» unicc , De I know there are fome Parafitique Wits, that forge Arguments, to the fubverfion of

^rum*!"*^ " 'e§a' Boundaries,as never made by God for Princes, nor reafonably to be commended

politic' to their praftifei yea, thatharmlefs,and,asl believe, it was intcnded.and is by Wife-*

Mr" 'I f"'Z° wen expounded, Rule of the Civilians, f%uod Principi plaeuit Legis habet vigor em , they

en apply to the liberty ofthc King's WiH,to do what he will with the lives, fortunes, and

liberties of the people under them ■, a Device to blowup the very Root of Kingfhip,

God's bleffing on it,loveof Subjects under it, and the content of that continual Feair,

which

A Commentary upon Fortes cue. i$

which a good Confcience makes to its Poffcflbur in all the viciflitudes, and varieties of life. For Kings being but men, and fo under the Law of mutability and mifery, do need how great foever they be, the prayers, fidelities, and afiiftanccs, both by purfe, and pcrfon.of their Subjeds, as often as their legal and necefTary needs (hull call for there^nd if they that are to pay and fer ve, love not their Lord,they will part with their money but flowly, perhaps after the feafonbepaft, and ferve him but coldly, him in fhew, and his Antagomft in truth : 'tis love,alas 1 mixed with fear, both fubtilly , and yet innocently blinded in the gubernative activity of power, that makes Kings fecureand beloved. Take away thele kind entercourfes in this politique Marriage between King and People, and all the Visdiapafon ceafes , and the harmony becomes difcon-

cented.

Indeed, the pleafure of Kings is, in a fober fenfe,the Law ; becaufe Kings pleafe to do nothing but Juftice, the juft Counlels of God being with them, qui Kings, and they knowing, that they are accountable to God, for the ryot of the man, againft the King, in them, ought/o to demean themfelves to their Subject's ,at God dees

to the World, becaufe God ha' s made their Subjects to them, as the Rexeftyi^n 'i^-^t. Forne- W or Id it to him ; that is, fince God has made them Lords, not to be rius ad tegem, 244. lib. D» difputed with, but by prayers and tears, by patience and refigna- Verb, fignif. fag. 526. tion, they fhould carry as even and jult an hand towards them, 'a( Qtiiimii Ko<r/My, £*«*<& in providence for their good, in compaffion to their wants and mn0tht^»t mKlf mV xiffur, weaknefles, in tendernefc of their freedoms and fecuruies,in defires /8*»ia«£j *»7i fobv. Diotogenes to deferve their fabmiflions and loyalties -, as God does , whofe Pythagor. apud Stobaeum , mercy is, in this fenfe, over all his works, and who accounts feve- Serm. 3 3 9. rity his ftrange work. And as God can do no injuftice , becaufe a« th $*****, pvn(M i£ny, Ut be is effentiaily juft, and all Juftice is originally in him, and what is S»sp»w@- «iV \%t<a*i *K«r.v in us, is but by derivation from him ; fo Ki-ngs are to do nothing ioiSrtov, ho. wfooi^ou • j^a* unjuft, becaufe not onelyfo far as they do it, they are inconform to pfe $ stU^dr, Ji JvSfwxUn God, but for that they are refponfible for what they do to God, ;<.?»**'• Philippus Rex apud whofe reftitude they ought to imitate, favcant igiturfibiRcges Hcrodotum, lib. 3. Pythagor. & Radices, ne conquerentes repeUant, velpcrverfe judicent, ob quod

in judicium jufti Dticorruant, ubi judex terribiliter difcretus, & Lib. i.e. 17. Art. 10. 'A«>*j intolerabiliterjeverm, immoderate offenfus, & vehtmenter iratus, i»^tm{i^av r*t "/A** *jtf£ x) cujxt fententia immutabilu, career irrcmcabilu, tormenta fine fine, jb»t" dv}ird^ioKelv*Sj^-n i^yjnv, faith Fleta notably. And while Kings remember this.and bring their Scc.ldem loco prac. dignities in credit by their virtues, not rtfting more on their I'oVeer to coerce, then on their Juftice to invite their people to their admiration and imitation. Hor- tenfian Laws , that tranflate power from people to them, reftraining all from ufing it befides thcmfelves,are no injury,but advantages to the people ; the wifdom of Kingly . ue, ibAUx, Counfelbeit knowing how to manage dexteroufly, and to purpofes of Sovereignty , 4"a?cx. '/#.«. fuch entrufts : No, nor truly are fuch devolvings greater advantages to Kings, then'**- to render them more capable to make their people happy, by their more affectionate and watchful eye over them for their good , nor is all the honour and fupport that love and loyalty in Subjects to their prince can exprefs, more then the bare return of their Regal merir,who watch, and cark, and care, that they may be quiet and orderly under him,in order to God, the Sovereign of him and them : which makes me conclude Allegiance and Fidelity a moft religious and reafonable fervice of God, through the Perfon and Government of the King ■, who, whatever he be, we ought to obey for G~*'n'' ^' Confcience fake, with gratitude to God's mercy, whenaD4v*W, zada Solomon-, and7 with patience under God's pleafure.if otherwife : confidering,that as well evil men, as good in Kingfhip, are to be obeyed •, becaufe obedience is due to the Office, and to the Perfon in it,by reafon of both the Perfon th the Office,and the Office in the Perfon,and that infeparably, and without diftin&ion. Yea , if Kings fhould be milled by ill Coun- sels, and do the thing,that is not right in the fight of God, and in the fenfe of the Law, becaufe God is the onely Judge of their aftions,and the Law's Head is the King: Chri- ftian Subjefts have no refuge to fly to, but Obedience, and Prayer to God, to turn his heart. Thej muft not eurfe the Prince m their thoughts , nor calumniate him in their mrds. For as the former is Blafphemy and Sacrilege, fo the latter is defperate Trea-

fons

\6 A Commentary upon Fortescue.

fon ; the Road to damnable and deteftable Rebellion. Tor fince God never made any

other Judge of Kings but himfelf, pretention to reduce their Eccentricity, by being in-

folcHC againft them.is in Gods.and the Laws account,but plaufible enmity and intention

to ifubvertthem : the good King, our late Lord Charles the Firft,

sen«a.£f. t». 5««» vntrtitnm pr*ce. j (ULng^nn , found it fo. Never were more Proteftations oflovc

5K^*5Rnn& and loyalty worded then fome of his £^-rnen made to him ,

p»x,r»*t,fi cmfMiemvuU,, <mt7r*tnem who yet brought him to the curled culiody and power of tliofe,

imbm.mn,* b,»*hA»*ri[.u,f«um. m wnx) impioufly,and to the eternal dishonour of God. and the Laws

difilum, caput ad *ftri*m, [cnnnctitm. - ' f ' , ... , ,, * ■

j&trgifiAiiauZcitoatmMrumfH. of Nature and Nations, murthered him, whom all goodmenyc-

o- Ltimm fipitmtm . & secratem ««■ neratc for a Martyr. Power then being the Ordinance of God

SS^jTSE^H? and refiding divinely jn the Perfon and Officeof the King , Allegi!

*mi HtvntM; vrnmr. tr u«i»> *»m ance and Duty, in all the latitude of them , are by all manner of

mtm,/imptr ^rj.. . . , _ , rights due to the King. And as nothing can make it ceafe to be due

7 Rcp.Calv.h s Caie. to thc Kin^ it bdng f^^^ in tne Law 0f Nature, and due by

it to the King •, who, though he may die in perfon, yet lives in fuc- Rtx nnnauam ntoritur Reg. ceflion and office.thcre being no Interregnary Chafm in England j Juris. Zsyu* <tx*t £ Ji&iot fo can no juft exprefiion of it be denyed, without fin againft God] K+Awt. Adag. 89. Chil. 2. andinjufticetohis Vice-gerent, who ha's power of his Body, as Cent. 7. Head thereof, and ought to have homage from it, as the vital

influence of the whole , and every particular in it; which I thought good to write of here , to teftine my abhorrence of thofe Levelling Mon- fter Anarchique Principles ■, which, infatuating this Nation of late, produced fo unna- tural, and tragical effects «f War, Difloyalty, and Irreligion amongftus: in which while,fome loyal-refolved,and knowing fub jedts,afTerted their duty.and totlieir eternal honour, fuffered more, or lefi forit : more credulous beguiled, and jfo>«i»v pirfintnm « dignitMum proper' mifConducted ones, either wholly forgot it ^ or, in regard offhe ^* ±££3 XS: U F^ffures upon them,did not fo vigoroufly exprefs itas they ought, neca, De Benef. c it. which fince God, I hope, and the King, I dare fay, ha's in the

majority, and well-meaningoefs of the feduced people forgiven

I onely remember here as a Caution againft Relapfe ; humbly befecching God, that

both King and People may live in unity and godly love, "That as all good Kings in their

Government muft imitate God, and his Chrifi, in being jufl and righteous, David and So.

1 lomon in being godly and wife (they are wife King fames his words ) as they prefer their

People's good beyond their own quiet and plea fure, as Philo lays. Speech, 1616. pag. 551. Kings, (hepherds of their people, do; fo all good people muft, and Ttw1<t w &T7j><MV)<* *»if*4i>** are onely good, when they do obferve the Rule of Religion, Give iri».Philo,/i£. Dc Agricultura, honour to whom honour, fear to Vthomfear, tribute to whom tribute is pag. 193. due-, that is, to the King, and to all in Authority, under him, and

to evidence to the World, that while others live befides, they live n*W ZhdufMAf *, «fl£«6>< according to the rule of Chriftian, and Englijb fubjedtion. And eaf*iK.nf tiilit, Ztcu J*« t3c mrbv. this,on both fides obfcrved,will caftiier all jealoufie- for while both Juftinus Mart. Epift. adZe- rcfpeftively, rule and obey according to the Laws of this Realm, num,8i. Siren, p. 590. edit. Syl- the people will live orderly, and in peace, and the King will be burg. able pugnare bellapopuli fui,& eos re&ifsimi judicare.

Vt primo Regum capite ollavo Clariffmt tu ducerU. Here the Chancellour produces to the Prince a Scripture-inftance, in the great ex- ample of the wifeftof men and Kings, Solomon ; who being intruded by God how, as well as authorized where to rule, is the beft pattern for a Prince's practice in his regal demeanour. And that Solomon here mentioned (for the eighthof thefecond of Kings wholly treats of him ) is not a perfon lefs matchlefs, then is generally and truly prefu- see the mod medofhim. 'Twill not be amifs to confider, what in him may be moft eminent, molt learned Bifhup conviftive of our Belief, ofhisfupremacy above other men, either of "his, or after'times. of w.rctficr'i a ni though comparifons are odious,, and vulgarly, we fay, there is no one man fo ac- h,nJ"n<la»0set- complifhed,but there is another as excellent as he •, yet fince the Spirit of God, and raw, at out all Autbours Chriftian after him, ha's made him the Phacnix, hamanx natnrt ornamtnt-

So°UCo?ona- Hm-> 'CWlU bC n0t '°ft lab°Ur t0 COnfl<lcr him-

tion,/^j. },6- +. Solomon then was aPrince born, the Son of King David, by Bath-Sheba his beloved Wife, a prince Solomon was, catted by this name myfterioufly, in order to his caufr-

tibn

A Commentary upon Fortes cue. 17

tion of peace, and introduction of che concurrent blefilngs with it, Plenty and Riches. Por he made filvcr to be in fensfa/em as Stones, and Cedars made he as the sycamore Trees that are in the Vale in abundance , i King. viii. 27. and in order to his being a Type of Chrift Jefus, the Prince of Peace, who brake down the wall of feparation be- tween God and Man,and brought life and immortality to light through theGofpcl. A , Prince Solomon was, wife as an Angel of God ; fo the Holy Text phrafes him , lb the Holy God endowed him : God that gave him leave to defire what he would of him, gave him love to Wifdom and Gracc,to beg it as his choice,and to obtain it as his jewel: fo wife, and fo underftanding a heart did God give Solomon, that all Expofitors do a- : k^„s, &, greehimf.v omm parte beatus, both as to fpeculation, and aftion. Tiraejael num- bring the virtues of all Antierits, and Moderns, makes Solomon, in wifdom, paramount ^*se"De N9bl" to them all. Fineda ha's made a large and laborious Treatife De geftis Solomonis , wherein he makes every atome,and minute- particle ofhim,<» Mountain of Wonder . And TurrUn is not behind him in the admiration of him.And no wonder-.for if wifdom make ui. e. De pw» a man's face to fhineas it is, Prov. and as the Heathens acknowledged to the praife of l°[o?h J"^*-- her, Ojx. SJt nficc A*t**- -nyua-nyv ,7 'here is nothing more honourable then wifdom * becaufe ^ 'rTaX*" it is the Imageof God,and that which gives the poffeflbur of it probation above others^ *"**, yvt""tt^ as it enable shim to kn-:W thofe things, that otherwife are hidden, and hard to men. So the ,*?*""'' ^ Philofopher fays. m ?**«*■ :

If Socrates, whom the Gretlej thought to » Q&tZv <n<ta\<L\t< ,the w if eft of Mortals , w^t""*? 7*' made it bis (tudy amongfl: men,and his petition to the gods, to be wife ^ O amice fan, 'afKav-> ey- c&tcra Nnmina, date obfecro, ut intus pulcher efficari ; O thou Pan, and the refl of the T*I0,''r„

1 ,/ r 1 1 ' > ■ r 1 ■ 11 1 u- L r. r f. Atiftot. Trtctmt

gods, grant me, I bejeechyou,to be beauteous injoul, inward/] worthy ; Wnicn Rofehus en- Metaphyf. targes, VeritatU divint. cognitionem petebat ; He defired knowledge cf divine truth, which '»P<m»n*e God onely was able to grant him , which- ohtly a calm and well- tempered Soul Was capable amTa'dtif.'. *, of. if Wifdom,which all Authours and Ages thought God in Man: if this, I fay, were u>.i.Dev«i- in our Solomon eminently, beyond the proportion of other Kings, and anfwerabJe, if t»te*/,M* not tranfeendent, to the endowments of other men,not Mofes himfclf excepted,though /„ : Reg. ui. it. Vatablus be of another opinion •, and if this mate of Wifdom be evidenced not onely judicially on the Throne.but difcuifively in the Chair,to the admiration of all hearers, who being at his difcourfes from the Cedar in Lebanon, to the Hyfsop upon the Wall, and other his civil Precepts in the Proverbs, Ecclefiaftes, and Song of Solomon, (though Grotius herein aifo much abates,him, while he makes the Proverbs to be onely liber cKAoyiK ,a compilementjikc thofe the Emperours of Conftantimple after him had, of all the feled Sentences of thofe Heroiques that in time preceded him, and were Proverbial amongft the Jews.) I fay, Solomon's works and words confidered,will render him fuch an Non-fnch, as the Holy Spirit characterizes him to be. So true is that of a learned man concerning his Proverbs , Neque ullumvelex univerfoProverbiorumnumero'&3^m'nc°x- reperias , &C That there is m paffage in the Proverbs/s inesnfiderabie , and ordinary *«"' """ in the words of it, but if it be rightly and throughly underftood , couches in it fame admi- rable fiece of truth and Wifdom, worthy the mofi wife Solomon its Pen-man. So great, fowife, fo much of mortal comprehenfion had Solomon, that, amongft men, , ,. the fons of natural propagation, no Socrates, no Xcnophon, no Cxfar, no Marcus An- *}*&, ^"'^ toninus was greatcr,»as like to him. He was of the quorum, ejttarum , quorum, to alf *l"J?aj^ that preceded him, or {hall fucceed him in the ordinary way of Manhood 5 and there- ^*w^ » fore is moft to be heeded,as he is virorumfcientifimus,& exemp'orum augufliffimus. PM7tt]®". ^

This for the Dignity of his Perfon. ^f y W*

1 Oral. iJ.wEc-

Now as to the Divinity of his Prefcript, in that which our Chancellour here inftan- cicfM**- ces, in the eighth Chapter of the firft of Kings j which Chapter , having many re- markable paflages in it, was purpofely quoted by our Chancellour.

Firft, In it there is Solomon's regard to, and valuation of the Ark of God ( the vifible %i of God's prefenee ) cxprefled in the Aflembly of State, thai he fummoned to at- tend its remove, The Elders c/lfrael, all the Heads of the Tribes, and the chief of the Fa- tiers of the Children of lfracl, unto the King, verf 1. 'Tis not fit any thing of Gods fhould be pafTed over without due honour , nor his Ark change his ftation,. without the attendance of a decent Equipage: Princes that ferve not Religion with all their might, are not worthy the Slentngs that attend it. Therefore, gracious King Charles, '.

E our

18 A Commentary upon Fortescue.

feieoon Bafflie. bur late martyred Lord, made a rare choice, Nor could I follow better Prefidents (faid t*i »it.4«. »4- j,e) if Iwereable, thenthoft two eminent Kings, David, and Solomon, not more famous for their Sceptres and Crowns i then one was, for devout Pfalms and Prayers ; the ether, for his dvine Parables and Preaching , whence the ene merited, and a fumed the name of a Prophet, the other of a Preacher. Titles, indeed, tf greater honour, where rightly pla- ced, then any of tkofe the Roman Mmperoura affetted from the Nations they f^.b due d, it being infinitely more glorious, to convert fouls to God £y the Word, then to conquer men to a fubjeUwn by the Sword. - Thus he. Vcr. 5. All the Eftates, that attended the Arle^s remove, did it not more to obferve the King' s

fleafure,then to teftifie their own duty ; for they that went before the Ark, facrificed Sheep, and Oxen , that could not be ttld , nor numbrei for number. 3 Zealous minds thinJc that the beft fervice of God, which is moil coftly, as deliring to fhew the truth of ihcir heart in the bounty ot their hand. Vcr. 1 4. Solomon bit fed the whole Congregation, and the people flood. ] Tis a good fign of ac-

cord, when Paffions, and Prejudices, do not obftruft between Prince and People : when the one thinks himfdf not too high, to regard his meaneft Subject ■, the other, (hews himfelf not too heady , and humorous , to obferve and reverence his Litge Lord. Fer. 2 J , 24. Solomon the King folemnly fours out his Soul to God in prayer before the people, as not afhamedofthe humility ofafmner,in the heighth oftheftate of a Sovereign^} Nothing de- bafes Majefty but fin, nordifparagesaKingin his Peoples eyes, but flagitioufnefs : he can never mifs acceptation with men, that firft gains by prayer and humility accepta- tion with God : nor does he ever mifs to finde God propitious, who feeks him with all his heart,and ferves him with all his might. Ver. 29. Solomon builds a magnificent Temple ■, which he devotes to God, and which he prays, that

God would accept as his own.~\ 'Twas not the King's prayer, nor the bounty he had e*-

Sreffed in the coftly furniture of it, that at all advanced tbofe ends Solomon had in its efignation : he intended it as a refuge to the peoples diitrefe, and an oracular reperto- ry ,m which the fecret of God's power and goodnefs fhould be (as it were) depofited , which it could not prove,un!efs God ratified it for fuch .- therefore prays he to God to gtant his Petition and to accept thofe fervices, that he and his people fhould inthac place perform to him. Good Princes would willingly bring God and their Sub jeds to an accord , and leave his bleffing as the guard of their government when they are gone. There is no policy like that of Religion,which ever keeps God on its party. Ver. 5 5. The King bleffcd the Congregation again after, as weH as he had done before his prayer \\

To teach Princes, that their love to their people, fhould be ever in their memory, ana that Religion is the cement of their reciprocation s nor do the Laws of Holy Church leflbn ought to Prince , or People, befide love, and duty. Ver. 6*5, 66. Solomon keeps a Feafi, tofatiate the Peoples ft omachs with his dainties, as well as he hadfpckjn to the filling of their ears with pious Orifons, and devout interpellations to God for them.l To pattern Princes,to ufe all Baits to catch Multitudes , the foberer of them with the reafon of good counfel,and ferious kindnefc ; the ruder fort by bounty, and pabulary plenty ,wmch will make them love, and blcfs their Bencfaftor, and return to their quarters contented.as Ifrae I did, v. 66.

Thefe are the main Poles, upon which this Chapter moves towards a fitnefs of di- rective influence on the Prince, for in that he ha's his life and breath from God, and even for his Crown,and Power,is but a Fcudatary to the Almighty, who deals by Mo- narchs, as by Pifmires, and exalts, or fupprefTes , as he pleafes, in the Kingdoms of the World. And inafmuch as Kings have no readier way to preferve God their Tutelar, then by fecuring his rights inviolate, and by promoting the glory of his Divinity above all fecular Projects, and extern conveniences, as Solomon here did, and as Nature her fclf dictates to her very own Sons, not enlightened by Divine Revelation, or Scripture- Regulation, according to that wf<»7w « mti iuv &iiav t-mtAhHtt, The firft care of Kings is that of Religion, and the tvorjhip of God. In that, this wife and worthy Monopoly of devoting to God the totality of our prime and principal affection and reverence is in' this Chapter pithily and particularly fet down • and that it conduces, being punctually obferved,to fo much felicity and greatnefs in the outward ftate,parados, and pomp of a Prince,it well deferves the perfection and diftind obfervance of him: and the Chancel- lour ha's done wifely and faithfully to direct him to it. ■ • £uare

1 '»

A Commentary upon Fortes cue. ip

Square ut armorum, utinam& Ltgum ftudiis ftmi'.i Zelote deditum contem- plarer.

Here the good old Chancellour wifely does not »o» mtvenda movcre, as they did, Ada;.«i.chii.i. who laid ficge to fupplant that which was iacred,as pad their reach, and fo ought to have Ei?ia! f"i' IS* ' been exempt from their attempt -, but he preffes the Prince to fo equal a dmdenr of himfelf between Arms and Arts .that neither may have caufe to boaft of their cngrof- fing him,orof his defertion of them •, but both being ancillary to his Regal Endowment,' might indifferently beCandidates to his favour,and to both have his love and leifure pro- portion'd. To love Arts,fo as not to hate Arms ■, and to pradife Arms, fo as not to de- cline Arts : to handle the Sword,yet not fo as to fupprefs the Law : fo to remember himfelf a Prince,as not to forget himfelf a man ; homo ab humanitate, a Chriftian man, ferendo nonfe>iendo,z knowing man,whofe right commenceth from Ged,and is conveyed and declared by the Laws of civil compaft,recognizing hereditary defcents,and isfecon- darily fupported by Armies , and courage to manage them.'o /oftot mflut if! 0*<ri*<£< chiyfypm ubn Stiov 71, K}tL>Z?wmtuvx$a.y(xA~iv, &c. The LaW is the Queen of all divine and humane nstl vot** things, and ought to prejsde over all men, good and bad, to be the Leader and Prejident , and t?J1'.Th. ^v's the rule both of juji and unjufi. And thus a Prince, viewing himfelf, cannot more in- leg'tms Sc'narfe. cline to Mars, then Mercury • nor affed to be onely a Souldier, and not an Artift, but *^ c°n<ui"». pradife bo:h 1 eats of Oratory ,and Prowefs, as occifion ferves, and as their warrantable and juit advantages conduces them : which to obferve, and be punctual in,argues the higheit fruits of noble lnftitution,inchnation,and God's Amen upon them. 2eei* Ji or*r. 5» in tc- /gan&4*< rie*( d\Sfm -mt AjiclIoitutuv c» wdah ^h'£oi>* <PiintT*i. For Wifdom (faith cc'-f. 7«3- Naz.iani,:n ) can tn/ir;. ft the £ity to do more then arms, and strength without it can : yea, whereas the indiscreet man, by his force, is rather prefttmptuous to take the firft opfortunty, though it be the worfl,beiaufe he rcfts on his forces, and that arm offlefi, he is feconded by-, Wifdom conduft shim, trn J\^ia. m? t^ayiAATot, to chufe worthy methods to Worthy ends, and to (lay God's-leifure, and not to precipitate a good caufe by an ill managery . bo that Father: and therefore fo concluded Edward the fourth of this Land his life, with the charge he gave the Lords and others, Trufteesfor the education of his Children, in HoiingGwd, thefe words : If you bring them up in virtue ,youfhall have virtuous Princes -, ifyoufet Pas-?°»- them to Learning, that Governours /ball be men of knowledge ; if you teach them Activity, you /hall have valiant Captains ; if they praclife Policy, youjball haveyolitique and prudent Rulers -, if they be unlearned, they may, by flattery, foon be blinded, and by adulation often deceived ; if they lack, alii- ity, every freature, be he never fo bafe of birth , JhaBfoil and overthrow them like dumb Beafts,andbeaftly Da Hards. Therefore I de pre you, and in God's name, adjure yon rather tojiudy to makj them rich in godly knowledge, and virtuous qualities, thin to make parties to gratifie them with abundance of Worldly treafure , and mundant fnperfluity. Thus nobly that King.

Cum uttirmis, itd legibus judicia peragantur. Quod Juftinianus Auguftus aquiffima) librue menti in initio Priaemii Lbrifno Inititutionum ait, *' Imferatortam Afajefiatcm ' nonfolum armu decoratam, fed & legibus oportet cjft armatam ; ut utrumejut temptu " bellorum & pacts reUe pojjit gubernare.

This the Chancellour marfhals inthisorder, to make good what he had formerly gained : for,as in the former claufe, he had made the Prefcript ■, fo in this he fubjoyns the reafon,King9, as mix'd perfons of Mercy and Juftice, are Keepers both of Laws and Swords,thc purports of both Tables • and, being fucb, are to pradife the adivities of both hands,to apply Law to their ordinary, and force to their extraordinary admini- firation . fincc as Food and phyikk preferve die Body-narural, fo do Laws and Arms \)mMyum the Body-politique. Hence is it, that Sjnefius makes a wcll-inftituted Warlike Prince *nfll( yZfrot moft inclinable to Peace- becaufc his generous Nature having circumvallated bis power «? \ww<. fendershim ix. isi\w dJixZv , Not onely, wtwill'ngto do wrong ; but by his poVoer to Synefiw M., De prevent wrong from being done ; yea, it inclines him not fo much to lift up his he ad atove Regn° fv' w4- men in (elf-magnification , Oihn hands and heart in folemn grata lation to God; both the God of him and his Government. \ or Kingfhip was looked upon in the World to be the PrognateofGod, and a derivative from his Wifdom : and therefore, not onely the Scripture brings in God, afTcrting the Patronage of Kings, By me Kings reign , and Princes decree juftice , but alfo Heathen Writers make their Gods the Proto-Kings ■, Lib. De Ptovi- which Syne fins avers to be the Pofuion of the Egyptians, who are reckoned mortalium £«!■• **'*••■

an-

2b A Cbmrrientary upon Fortes cue.

antiejt/ijjimi : and this they did not oncly to aw men into fear of their Thunder and Lightning, but alfo to befpeak them to a belief, and recumbency on them, as Fountains of Juftice, San&uaries of Refuge, Treafuries of Benefaction not torvous, and of tru- culent afpeft, but gentle and calm-look'd. Thence came thofe Pofitions of fuftinian, ct»i)vi!.;» pio- Regiam Mayftatem, &c. and thence tranfplanted into our Law -, becaufe, though Ie8- Kings be, in a fort,Gods, and unquefhonable by any but God ; which was Marcus An-

r>e Jur.beUi & tonintu his affortion feconded by all fubfequcnt Authours, as Grotius ha's well obferved, pjcis.Uit.i.f.». and as Tacitus long before wrote in thofe words, Prineipi fnmmxmrerum arbitrium Dii dedcr:;nt,fubditis cbfeejuii gloria eft reliUa.Tht gods have given Prince: fupr erne power, and aliened to Subjeils onelj the glory and praife of obeying them. And though thofe, whom Tacitm dcmo bc mcnti°ns t0 be Kings in Gaul and Germany of old, who had oncly power precario nb. Genu jure regnandi & atiEluritate fuadendi, nunjubendi poteftate, were but improperly called

Kings, Kingfhip being a thing abfolute, by, from, and under God ; though, I fay, thefe are, and ever will be loud truths, not to be defcryed by the Ojms and Zjms of Anar- chy ,and popular infulc •, yet are they far from inflating Princes , beyond moderate, '6u*£r/p''<£ an^ well- featured Bounds. God ha's indeed fubjefted Sub je&s to Kings •, but ha's he - » not alfo fubje&ed Kings to himfelf ? Surely yes, and they muft give account of their

• ^ 1^ people to him ; and they will never have comfort in their rule,except they have learned Nnktm imf'««. to rule over their paffions.and to be fabjeft to the Prime Regent,God; who ha's depu- mf r, be, ted Kings to be Paftors and Curates to his Flock the lefs glorious Creatures, on whom Ar'ifto'.'/T™' tnc Image of God is ftamped,as well as on the greateft Monarchs. A nd therefore , as Toiitic. Arms are to fupporc Governments, fo Governments are to expreft themfelvesby

Laws, as the genius of direction to thofe Arms. For God never intending power to be brutafulmina , which carry more terrour then ufe : the Ma- id» iy,ndm fortunam r.iu. b*m.nu giftrate is not toufe it, but for the punifhment of wickednefs, and «»<«{•.«, irmtniUH, & empnm, & vice, and the maintenance of Gods true Religion, and Virtue ■, JTmh*" "**'"• "me"'""bM "<"''"■ & which when they do, they.are true Executours of Chrift's Wil!,and ^ml7^T„lTr!}^tf*juftmu^us 'm Bequefts ; lovers of him, becaufe keepers of his Commandment ; j>ipiw dc confitm. Digcftorum.;»j 16. and his Commandment is to do j*i~iice, love mere j, and walk hum- T'mz- blj with God.

This.this is the noble end,and noble expreffion of power, ut in- De vera Juris- teliiZtret eefi loco j*>» eJfe Regemfappofitum, ubifttx propria, per font oblivifci,& w* nnttm prud./«f. 3js. Reipnb. benftm ineumbere deberet : Giving the King to tindtrftand, that in being a King,he became s a for getter of what is his perftnal advantage fo make good his p'uklique Office ,laith learned Hopptrutt. And he that goes by this Canon fhall be furc of Peace, and God's bleffing in his foul, and on his proceedings. Yea, the fruits of it he fhall reap in the Synefius.w. De love oi his Sub jefts, fiayn iy (LutAisa, &c. the cncl] and chief protection and fecttrit j of Rejno./>«j. ii. princes. For though particular Accidents, and fatal Periodiques tended to in the old age of Governments, croffes this in the experience of its fafety ; yet j»wtJ*iau\ and faving thofe occult caufes, which are not to be defeated, the Canon is fore, that mode- rate Government is moft durable •, whichis the reafon, as I humbly conceive, the Laws of England, the beft tempered Laws, for an Ifland, in the World, point to the Kings of Englandjhe middle way of Government between abfolute Will,and popular depen- dance ^ becaufe thereby it puts both King and People into a felicitous ftate, which they cannot deviate from,without mifchievous inconveniences. " A Political Monarch go- m hi, sermon « " vcrns *"s Subjc&s, as a Father doth his Children, by equal and juft Laws, made by the cor.n<ai,n ./ " their own confent to them. Defpotical Government is that of the Turks, and Mufco-

"ndutovciKin T Vlte ? but r"Iitical is- and ou§bt t0 be ttle Government of all C hriftian Kings ; I am paS. \Z ™S' *' ^ure it is of ours: and therelore fuch a kind of Monarchy as ours is not onely the moft " juft and reafonable, but the moft plaufible, and popular Government of all others : "they are the words of that moft Reverend and Learned Prelate the Lord Bifhop of "iVorcefter.

The King is abfolute- what then,may he do what he will?is his pleafure a Law?As King, yes : for fo he can do no wrong,becaufe qua fuch, Deum agnofcit fuperiorem & Legem ; but as miftaken;or feduccd by paflion,his Will is not tlic Law,but the Law his Will ; and* though men are no Supervifours compulfive of him , yet is there one greater then he, Satis eft exfpeUet Deum uitorem: that's his aw and Monitor,<d bene regendum, the Sub- )<A is free: how? not to do what he lift-, no, not with his own : for he mult fo ufe

whac

A Commentary nfon Fortescue. 21

what is his, as not to prejudice the Publique : fo is the Law of Reafon and Policy,/?^

fpublicapraferendaeftprivatis, and fo affirm the Statutes , 17 E. 3- f.j. 12. \6.

28 jE". 3.C. 5. 23 H. S.t. 16. 25 H. 8.c 13. 32 H. 8. f. 18,. 10. 33H.8.C. 7.

35H.8.4. 1 Edw.6.c. 3.& 5. 2 & 3 £. 6.c. 37. I&2 P. Scjtf. c. $. lEliz.c.

17. 18 £//*.. 9- ' £/'*• f- 15. 17. 8 £/*'*. c. 3. 23 £/;*,. f. 5. zj Eliz. c. 19.

and hundreds of others, which were made to reftrain private emoluments-, where pub-

hquely detrimental : Yet he is freefromsllreftraints, other thenjuchas the Cemmon ltjaC.c. ,;

Law, or the confent efthe Nation'm Parliament puts upon Him,his Body,Life,Lands,Po-

fterity, andean appeal to the King's Court for relief, againft all preter- legal courfes Flow<i com.

againit, or oppreflions upon them. And hence is it, that the Government of England "'j. J,_ charta:

being fo tranfa&ed by the Law, produces Jultice,Riches, peace, and Piety, to a won- t. »«.

der. For the Monarch rules in it optantibus cuntlis 5 and if in any thing he be incom-

modated, mnfpemhominum excitat fed metum 5 yea, fo filial a love have Englijh-

men, for the moft part, to their Princes, that what Seneca writes of the Prince, is true of ciera.V tlj. '

the people, Nihil tffe eui quant tarn pratiofum,&C. Nothing they have isfo precious to

them.as the faffty of their Governour ; for whom, as they wiS defperatcly hazard, foinhis

fafety much rey.yce : fo much they hold them fc Ives related to his Vneal or woe. A nd there- Gxot-mt< De jut

fore,though true it be, that England is by forne looked upon like Athens in Solon s time, Beiii.rf-'racis.

as a mixd Government, which ha's much of regulation to power in it j yet is it as true, that M* J*-1*

England's I mperial Crown being abfolute, in regard of dependance on any but God , Sm.n jae. *. 3.

ica ves the Monarch as well empowred with the Sword to propagate,and prote&Juftice, * ♦.

as directed by the Law, to adminifter Juftice to thofc that need, and feek it.

The nfe then both of Arms and Laws, muft be connected in a Prince, that he may be indefeduous : For a9 Arms are like the Mufcles, that move and plump out the joynts and proportions of the Body,that they are fymmetrious to the beauty of the whole • fo are Laws like the Veins and Arteries vehiculary of the blood,and fucculency into all the parts, by a right orderly circulation, and diftribution. And the counfel Laws give, is not tofupp':efs theufe, but advife to the right ufe of the Sword : not to condonatc through eaiinefs great offences,nor to punifh paflionately,and with feverity, fmall dif- gufts.and errours of infirmity ; but to give to every offence its proper chaftifement, to arbkrare the Law's prefcript, and become its Patron.This.while a Prince promotes, he declares himfclf an Agcfdaus^ rare Prince. For of him Xemphon writes, 'o-nJbvaru- m eraim vc TfJ©- at hm 7ft>«, &C Th»t though he could do what he would, jet he dd what one ly he A6el"'lao<M«* ought, prtfejfmg hmofelf to be under the dintlion of the Law, though not the fubjetlion •fit.

Our Chancellour then had good reafon for his advice,fince he carefled, and fmooth- ed the young Prince into the love of the Law •, fore- feeing, with Timcn of Athens, that

^if he were bnely a Martialift, he might be as Alcibiades was by him fore-feen to prove, Patriae exitit futurm ■, fo the Prince might, patriU legibus exitiofnturus : fince what Youth fucks in,it retains,and propagates in iriVanhood,and Age : which confidered, good Princes aim to do -, as fufiinian fays, armls decorari, to ufe force as a jewel for fhew, ad faciendum pepulum, to purchafe dread and eftimation ■, but, armari legibus, to fpeak favour and terrour to fub jefts, in Law terms,p<r delegates judices, nn per ut lega-

. tos miltes, more curiali, ncn militari , By Pen and Paper, not Guns and Pikes, the Pa- radoes ofConquefts.not the praftice of Civil Governments, except on extraordinary occafions ,and then, as neceflary asphyfick, in bodily diftempers.

Tamen ut ad legum ft udia fervide tu anheles maximtu legiflator ille Mofes tlim Syna- g«g* dux muttofortittsCzbire te invitat.Wcre our Text- Matter backs his former Argu- ment by an example^he faw the Prince was earneft, as one through- warm with the love of A rms, and well he perceived, that his eager purfuit, which left no vein in him un- ftretched,but kindled, to a heighth of reaking^forfo anhelart fignifies^w/vW eft cum ex curfu, & qucvis labor e vehementicrebris qua ft fmgultibns fpiratur & refpiratur.SO (folumel, lib. 2. c. 3. Ante adprafepiaboves relegari nm expedit qukm [udare at que anhe tare de fie rint. Hence anhelare fcelus , for doing mifchief with might and main. Tandem aliquando Quiretes Catalinam furentem audacia fcelus anhelantem peflem pa- tri* nefatie molicntem. And again, Anhelaus ex infimopecltre crudelitatem , isTullie's cic. in catal. cxpreflion for our authority.) And therefore he endeavours to fix his mettle, and in- *♦• ^""- ** tend his-earneftnefs on its right objeft , by propounding not onely a moft excellent "i""""1™'

F thing,

11

0fm »!I *lia*t *i mmim mtrii m fnfaffi «xif«*f.- t*fi*d riptUm pr*v**** c»m. j*j. ^titcjutm hs- Was Alumni ami amtkuw anus *»- Mont ah. ttitmfi • Irani* (knm [*»• HMif*ci*i. Se- neca £>. it.

Lit. i. De Vita

In Ke( *i Qatb. J5. *d

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"8c C<M»,p.lJj.

A Commentary upon Fortes cue.

thing, but a choice example of one authoritative in the cafe, Mofes -, one of whom, no Story mentions, but either the Holy Text, or Hiflories from it. The grave Knighc will not to M oab, and Ekz°* » not cull examples out of prophane Authours, while there are pregnant ones in the Book of God j hijinftance therefore is not in Alexan- der, Cafar, Pompey, Marcus Anrclius, Trajan, Conftantinc, or his Henry the "-ixch though all great lnftances of Bravery •, but his man of Mirrour is Mofes : For, though they all in their rcfpedive times , were praife- worthy •, yet none of them came up to the pattern in the Mount, on which Mofes his face glittered to a transfiguration, and admirablencfs, hardly confident with Manhood. For God who had provided him fuch a Nurfe-Mo:her, as a King's Daughter -, fuch a Cradle, as an A rk of Flags, and expofed him to the ruffles, and hazards, of mercilefs Waters, when but a Babe, onely able to cry under the burthen of a helplcfs Infancy, fhadowed out what he was, in time, to be, who broke out upon the World, through fuch a Mill, and l .loud of Dangers j which, when difpelled by mercy, evidenced him to be what God appointed turn, Bx<r»A<Af 3) /oftoStltK, &c. asP^j/o'swordsareofhim, both d Law-giver, an Army- Leader, and a devout Sacrificer, for the peoples relief and. 'apply. Now Mofes being fuch a perfon, is the example preformed to the Prmce , and aflerted from the Holy Ghofl, to be learned in all the Learning of the Egyptians, and mighty in Veord and >« deed- which the Holy Text fays of him, not as thinking thofe miraculous things thac he could do, worthy him, or commending them in him, as rbey were feats, urn the Egyptians doted on, and were fuperftitious about : for as fufim Martyr's words are, 'Arabia. $ \jm\khv<l, &C. they were but fmaU things, and not propertocommmda Pro- phet.Rut therefore the Holy Ghoft idds,Mofes Vvas nighty in word and tn deed ■, b».caufe eff i>/liofi(. fi*r 77ipi$At5#©-, &C htcanfe for thofe fw» exccllen ies Mofes was famous wit h the Egyptians. As then the Chancellour's love to the Prince's proficiency ■, "fo his prudence in the choice of his example, to that end, is well-worthy him. He (wife foul ) knew, magnet magna decent , . that trifles became not thofe Eagle and ccelefttz'd fouls, thatfteer Princes, which Philip of Macedon hinted to his Son Alexander,whotn he found playing skilfully upon the Lute •, Art thou not afbamed ( quoth he ) my Sen, t» be fo skilful a Mujitian. And thence Angles he out to the Prince's imitatiOH this Se- raphique inftance of both praecellencics, A man of Wifdom, for he was Legiflator to the ffVps ■, a man of eminency above others : for though they had other Legiflators after him, yet he was Maximtts l,egiJlatorum, all their Legiflation wa's after his mo- del.and his precurfing them : yea, and a man he was not of yefterday, who rofe malts artibus, and, in the declenfion of the World, to be a Law-giver ; but slim, when the Golden A ges were ■, when virtues had the upper hand of vices, then had Mofes the dignity to be Maximus Legiflator, Synagoga Dux •, and fitly fo too , for he had what Philo fays, all Law-givers and Ghiettains fhouldhave KnyjuS^ r<u< memndet-m tm , the gift to excel in all noble endowments, fuitable to his place and ccca/tons.

Mofes is then here mentioned in both capacities, both of a Civil Magiftrate, and a Martial Conductor. A Civil Prince, in the excrcife of Legiflation ■, a Martial Leader, in his conduct of the people againft their enemies. Synagog*. Dux, of the former, not onely himfelf, in his books, teftifies •, but even our Lord Jefus,the truth it fe!f,who puts him in the parallel with himfelf: The Law was given by Mofes ,but Grace and Peace came £7 JefusChrift.; and in another place yWo/kf gavethemaLaw. Yea, the JeVesjn Reli- gion, in all Ages of the Worldjiave teftificd of Mofes, as their Law-giver, philo Jnde- dus writing oi Mofes his life, calls him No^Si'toc rav Ul<uav, &c. as the Lawgiver of the Jews, or the Interpreter of the Holy Law to the Jews. And to be a bare Legiflator, is to be prefumed great in plate, grave in years, wife in counfel •, for the Antients did ever account their Law-givers fecundi Vii , and never took Laws from any Mouthes, but thofe which were extraordinarily gifted : yea , if it were reckoned a part of the policy of pnftine Ages,to acclamate Laws,a$the invention and bequeft of the Gods to men% then jure thofe that Vtereinftrumental in their Production', were none of the loVpeft of the people, butthe bejl andbraveft of them. And of that number was Mofes,Maximus Le- giflator : not onely becaufe he was primus & primas Legiflator , and primum in uno- qreojuegenere nobilifftmum : For before Mofes gathered the people into a polity, they lived in diffufions, fcattered • and as flieep without a (hepherd. But Maximus ,-is having many preparatory endowments to, and fuccefTes in this Legiflation. God

that

A Commentary upon Fortes cue.

that called him to , fitting him for fo great a Sphere, and making him adorn the Sparta he had appointed him to. Ficinus makes three endowments, or felicities, in a Law- giver. Deum,fortunam, artem ; God above, fuccefs about, art in his manageries , and conftitntions. vhllo the Jew , reports Mofes his firft; ftep to greatnefi (. yea, and to this degree of it in Civil and Martial Government) to be his apprehenfive Infancy ■ God made him all touch, taking every fparkle of illumination that was {truck into him from his puifne inftitution. The Hebrews ftory , that one day being at play with the Crrfwn of fharaoh.he threw it on the ground, and afterwards trod upon it : the King, and Spectators, took it to have an ominous prefage , and the jealoufie of Pharaoh medi- tated revengeof the fad: •, but the King was advifed to try, by fome expedient, condu- cing to the difcovery of the rife of it, whether Malice or Chance, and to forbear rigour in the interim. An Apple, they fay, was on one fide prefented him, and on the other a Coal of fire,to fee whether he would choofe • and, they fay, God gave him fo fubtile an Infancy, that he chofe purpofely the Coal of fire, and would have put ic into his mouth ; which, they fay, he was led to do, to fhadow the former Inftind, and under the notion of a Child, to ferve himfelf for his future Exploits ; and the Sages told the King, that there was no reafon to put to death his Daughters adopted Babe, for an ad of pure fimplicity. for being in Egypt, and the Egyptians having Gm^philofopheis amongft them , whom they had leured to them by reward ^ Mofes, fays he, by an JL/iMex*. <&v<tw(, an aptnefs of nature, ftole all their Arts from them upon the firft in- fight, and impartment of them : fo that what other Lads were years in learning, and then but imperfectly, at laft, obtained, Mofes learned in a trice,and that exquifitely, ultra quam non, making good that, ?rew>* $ at (uyaxdi fvem , &c. fb excellent Wits learn Art sf hat they add to them by learning ofthem.So Philt.

Another ftep to Mofes his funds, was his marriage to fethros Daughter : If wee'l believe Philo, for God fayes he bringing Mofes into his Father-in-Lawes houfe j Who • as a Prince and Prieft had plenty of all things, and efpccially of Cattle, Mofes having committed to him the Government of the Caftle, *&( JiJb.n,»iAw©-, *&t -dui iyifioi'itu , vas made more aft thence to rule men , as acquainting their infpeftors, which thofe obfervationt, vigtlancies, and difcreet demeanours which Will be ufefull in greater charges. But thefeand fuch like, are but the lc£s eminent fuftres of Mofes his Additions ^ that which makes him maximus leg> [(liter was his miniftration to the Moral Laws Promulgation,his Sandification to hisimploymcnt Magiftratique, by being in the Mount w;th God^o days,and his knowledge of the mind of God in all the latitude of his Commifiion,and his fidelity in doing every thing according to the precifenefs of bis En- truft, which Ciod rewarded with fuch a reverence from the people, that as he was juft to God and Men , fo was God a zealous aflertor of his worth, and an exiter of the people to an eternal Honour of him, and of his Memory in all Generations, and his Laws paramounted all other Law in that they abode theteft and terrour of Conqueft, and remain to the Jewes in Nation and Keligion, the fame that they were, even to this day. Yea, as when he lived, he was the peoples Oracle from God, and Orator to God, a favorite,who by the fpcl of his faith could charm, as it were , with reverence I write it,Ommpotencc, and bind the Almighty to peace with his people,as God himfelf intimates in thefe words, Let me alone that I may -flay this people : fo when he was dead God concealed the place of his buryal to hinder their Idolatry, for furely they would have been fuperftitious to his memory, and ereded an Altar near his grave, that was fo real a numen to them when he lived, and this God knowing, prevented them by concealing it, yet, I fay, this Mofes fo adored by the people, andfo vidorious in the Condud of them, did render himfelf Maximus leg Jlator by hisfelf-denyal, he made no family, he gathered no wealth, he commenced no regality from this advantage, but ferved God, and his charge, leaving the compenfation to the iflue of God's appoint- ment. He looked more at God's glory , then his own greatnefs; at the peoples peace, then his Progenies preferment- and when God revealed to him he mutt die, introduced no Son or Creature of his, whom favour, not virtue, fitted to fucceed him ; butge- neroufly ,and juftly, deputes J fh»ah, one parted, and graced lui- tably to the Office he admits h;m to, and him, full of the Spirit of Wifdom. He charges, in the fight of all Ifrael, to be ftrong, and

*3

Coax- in lit. /,. De Legib.Pla- ton./Mji. *xd Moles had then M.

Gaulmyn in tfere E.abinice< DeVita 8c moite M«fis, f. lo.firc.

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TV* J* t»7i? /mvv QiCcuct, etaa.\dj]ett

&cc.Philot lib.2.De Vi- ta Mofis, p. 6^6.

1)1 T)tmi in rebiu infirit rebut pftcrtnndis nan J**, fed nostra caufn ngit, it* & vicariut «- jut Pnnctpi Dtminnm jitmn imitntm . ajiud quern omnium ettfionum jmrum rationem red- den debet, turn de/e pertnhlati. fed di ton "Keijiub universe jaUaiui efft delet HopjJCtus, lit. De Inftitur. Frineifii.

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Anriq. Judaic. *fc.3.«.u.

A Commentary upon Fortescue.

of good courage 5 yea, and a$ a Prophet, affures him God will be with him •, as it is, Strut . xxxi. 6, 7.

iSo that Mofes, all things confidered, was rightly termed by our Text-Mafter, Ma~ ximm Legtflater, no Law- giver before him ; no Law like his in duration ■, no Juihce fo unfpotttd as his | no Jufticer fo venerated as he. The Friend •, nay, in a fort, a fel- low-Commoner with God ( as I may reverently write it ) at the Veb on the Mount -t or rather the Majler of Requtfts, admitted near, when all were to keep off ihe Mount. Infum, Mofes was prefigured Chrift ■, not onely as all Types were, but as he moftly, ifnotfolcly, was in the Office of Ecclehaftical defpotiquenefs, and indifputablc Legi- flation.

Hitherto we have feen him in the Temple as the Corner-ftone, and Earthly Maiter- Builder of the Sanhedrim,or Church-F abrietue : Now let's confider him in Tentorio, as a Magiftrate Civil, SynagogaDux, that's a Leader of the People- for ni^ay* fgni- fies any Convention of People ; yea, the very atttu CongrtganditecaWz&awt.ycLyiii; ioThucydides,\\b.7.,a(a <n/r*y<B>»*,«Mn*,and St. BafilciWs Cumulus acervus mva.- ymyh : fo Alexander Aphrodxfans calls plenty of milk ovittyay* tk >**<**]©-.

Bezjt, indeed, upon the Tenth of Matth. 17. where mention is evviSfiat xj ov*&y&- ym, makes a diftindion ; the ovv'*J)>ia, he fays, are gentium-, the nms-yoym fudao- rum , but ftill he agrees, that the word <nv&yZy<Lbgn\hts a collection ■, andfo7«>-- recremata confirms it : fo that Synagoga D**,is,but in Fhik's words, iryipZv top tfycuoy Leader of the Hebrew. And that this he rotorioufly was, the Holy Text attefts fre- quently : For,bef:des God's miraculous endowment of Mofes , to convince Pharoah of his meflage, for the People's enlargement out of Egypt ; upon which accompt he is called to St'iph* pvt^Hc, &C the Friend ifGodin'tiattdintheHtlyMyfliries. Cc(f made him the People's General too in the Wildernefs,and at the Rea-Sca \ yea, after all to Canaan : for he it was, that brought them to that promifed Land,though he him- fclf entered not with them into it. Happy Jfnult that had fuch a Prince as Mofes,, Faithful in all Gods houfe , loving tt all Gods peop'e , vfi< nifl* in**", &c. as Ph lo's words are, a circumfpeft man, equally virtuous in [mall and great affairs, not greedy of gain, not thirfty ofapplaufe, but intent onely upon great advantages to God, and the peo- ple, and leaving the lejfer praliitjues to louver minds. This, fhortly was Mofes. Thus happy was lfrael ■, yea, and thus happy a\(ovias Mofes in lfrael , God accepted his integrity, and rewarded it with a renowned life, and a lamented death. 'T is from the wifdom of the World, that men ftudy rather to be great, then good ; fortunate, thenhoneft. That heart which is liquored with grace, and ha's the tinfture of God on it, will (land upright in the Circumvallations of Temptations : S'urceiTes and power cannot palliate lawlefs liberty ,wbere Gods fear denies it. To deal deceitfully, and take men in the fnares of their credulity, was no practice of Mofes the Chieftain of lfrael, Gods Friend. For though Mofes was fole in power, yet is he no oppreffour of the people : No Lord over them againft their wills, and to their out. cry •, but bears * with their Murmures, fympathies in their grievances , watches to prevent their an- noyance, buries his own luftre,in the reputation of well defcrving , and ha's no other Monument, then their Memories, in their Generations, and Gods entry of his merits on the Record of his Scripture. And hereupon Mofes being fo Unpaiallct'd a Magi- ftrate, may well be the example of the Prince, to learn both how to govern artlily and martially ; yea, and have a cogency on the Prince, multo fortius Cafare. Tor fince Mofes was no foft and trim'd Gown-man, onely as fome are, who yet do more by counfel in their studies, then Armies do in the field by a&ion, undifciplined.ard um.d- vifed, but a valiant Warriour, as not onely his own Books declare, but as Jofephnst by tradition, reports ; infomucb, that when the Ethiopians invaded Egypt, and the Oracle dire&ed them to have their Armies led by an Hebrew Captain, to ftop their progrefs. Which being obferved. and Mofeschokn for the man, and he fomira- cuioufly, and manually doing it,as Joftphus at large relates.

Our Chancellour had high reafon, to urge this example, rather on the Prince then Julius Ca^ar's, btcaufe more energical and potent j more bold and fuperative in the' nature and proper operation of it. For, alas ! Julius Cafar, whiih 1 luppofe he may obliquely reter to, in regard he was a Temporary Mafter of the Wtftern World, ha- ving fubdued Germany, Gaul, and Britain, and dreamed, he was uniting the Empires

of

A Commentary upon Fortes cue. 2;

of Heaven and Earth together ,was but a little time Lord of chofe Conquefts, obtained them by blood and oppreffion, and of them had far lefs then Alexander had atchieved, before he arrived at Cafar's age : yea , what Cafar had, he held with Troubles and Confpiracies,and at laft paid his life for the revenge of his affectation, wherein the Se- nators were Affaffines, and the Capitol the Slaughter-houfe : nor did Cafar obtain ever after fuch a Marble of himfelf by the largefs of Pofterity, as Conftantine the Great had, £H*pd inftinllu divinitatts, mentis magnitudine ctim cxercitufuo, tarn de T)ranno eiuam de omni ejusfatliene, uno tempore, juftis Rtmpubl. ultus eft amis. No fuch Trophy to his memory, but a tacit reproach of his practice, in the lnfcription under Brutus his Statue in after-nmes,««»*w »»»«■ vivtres ; Cafar, I fay, was potent, but cruel ■, pre- valent, but injurious ; and this made him execrable,and envyed. But Mofes was an Heroick that might have had what he would, God in wrath would have extirpated Jfrael, and multiplyed Mofes into a great Nation : but Mofes interpofes with God, and mediates for lfrael •, yea, was contented to be onely what God cut him out for, and general good would quietly permit him to be.

And herein he was himfelf/orfior Cafare, and his example ought to invite more ir- refragably then Cafar 's did, becaufe Cafar could not deny himfelf , taking what was takable by him. Nofoonerhad the Common wealths divifions weakned oppofition agamft him.cvery potent Patrician {landing firgle, and the union of them refrafted and fubdivided into inconfiderable nothings , but Cafar puts in for the whole : No Re- conciler he ■, for then he had been felo propofiti, but a fubtile tent rather to keep the Wound open, till at laft he and his party marched in at the breach, Viftors 5 . and when he was in poiTeffion, then he wins thofe by love, that would be made loyal by it , and deftroys thofe that were implacable ; and in this he did in his Generation wifely : But Mefes had leave to chufe,and refufed •, might have been the Prince, but continued Mill the Captain oi lfrael ; yea, when Fame furrounding his aftions, and confolidating the People to him, rendered him more then probable, lure not to be defeated of their Ac- clamations.and complyings with hiseftablifhment,in all this croud of tryal,which bulges and fwallows down ordinary mens continencies,and ingenuities. Mofes ftands firm to his veracity, and therefore in all things excels Cafar, as a prince,and a Souldier : yea, if fuflinianfiom whom our Chancellour cites the pre-alleadged Pofkion, be the proper, Cafarpe means ; yet Mefes will ftill be more fwafive with a good Prince then he. fw ftinian did but employ his Trebcnian , to colled the Laws of other men famous in their in^Jfirm^u^ Ages, that is, to bring them into a body, and to render them ufeful to all occafions, of <%'/»•>•*» <*« juftice,and accommodation ; and in this work was, though famous,yet fallible. But Mo- ^om'1' p 17> $t fes was taught of God to know, and approved of God, to practife the right duty of a King/* utrccjue Cafar. And that this is fo, the teftimony of the feventeenth Chapter oi Deuteronomy, the eighteenth, nineteenth, and twentieth Verfes following will dc- monftrate,

Audit fhaR be, when he ptteth upon the Throne of his Kingdom, that hejhall write him a Copy of the Law in a Boole^, out of that which is before the Priefts, the Levites • and it Jha/l be With him, and he JhaH read therein all the days of hit life, that he ma] learn to fear the Lord his God, to keep all the words of this Law , and thefe Statutes to do them -, That his heart be not lifted up afave his Brethren,and that he turn not a fide from the Commande- ment,te the right hand, or to the left ; to the end, that he may prolong his dap in his King- dom, he and his Children, in the midft of Ifrael.

Which words contain two parts, Ailio and finis •, the King's Action, Hefiall Verite him the Copy of his Law in a Book,, which is befcre the Priefts, the Levites ; anditfbaH be with him, and he Jhall read it all the days of his life.' And then the King's end in this as prefcribedby God, That he may learntofear the Lordhis God; to keep all the words of this Law , and thefe Statutes to do them. This is the Analyfe of

them,but not to be paffed over; for thoughl wave the Rabbinique Tradm judxi cirtahmciimm.<pkr*twnt. conceits, that this Law contained fix hundred and thirteen Pre- J^S^fcT^SE cepts,three hundred fixty five affirmative, the number of the days dm. Fagius >» loc. Unmu aifo tepioachei of a year, and two hundred fourty eight negative, according to «i>ej«w fortius out of -*«»/?«•• that computation they had of the joyncs in man's body, which they perhaps conceived the King was to be remembred of , that he might know his life con- iifted of days,and his body of joynts,which might foon be fevered from their contribu-

G tion

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Dtferibi Cnrthit, V. It. Hsitbat. cMtmttftt R. S duos litres Itgii unum qui rcpiji- tut aifirvaiatur in urehivii, tr tlium autmfecum fortatat. Drufius »Loc.

*e; 17. ». 1 j.

A Commentary upon Fortes cue.

tion to life,and government adted in it. To omit thefe,and fuch conceits winch learned men have, the Holy Gholl's drift is ,to teach us : Firft, ihe order of God's difpenfation to Ma jefty. He firft gives them a Throne, and fettles them in it • fo 'ris their nghr. And then befall write him the coij ofthit L*w. Princes duties in their Oatlis, Exam- ples, and Rules of Reftraint, are fubfequent to their Titles, not to puff up Princes in a contempt and dilefteem of their Subje&s, whom becaufe they depend not upon, they may ufe as they lift ; but to leflbn Subiefts to look on Majefty, as God's Vicarage, no Creature of theirs • Firft, he is feated in his Throne.then minded of his Duty.

Secondly, the obligation of Princes, as they arc Deofubditi, and vice Dei regmntes, Firft, to endeavour their own accomplishment, in this literal Prefcnpt, to be able to write , that they may write this, that God commands them to rivet on themfclves by fuch means. I confefc, poflible it may be, that a Prince may be letterlefs, hate, and be wholly ignorant of. letters. Some have been fuch , and fuch not unworthy Princes in their actions : For that their Memories being vaft, and their Pafllons keen, as by the latter they might be impatient to write,as well as impotent ifo by the former, poflible to reap the fruit of writing without writing ■, and the Spirit of God not fo much look- ing at writing, as the means •, as at remembring to do the end : I confefs; 'tis poflible much of the mind of God may be here obferved by Princes void of letters : but yet in that, Writing is the probableft way of durable fixing, and the Holy Ghoft fpecially en- joyns it, it were good, nay beft, the letter of this Scripture fhould be obferved, that thereby Princes may know the Laws of God,and of their Government.

Secondly, in writing themfclves, not by Secretaries,and other hands,then their own- but in their own Charafters,the Book of the Law •, that is, a Copy of the Autographon] that lies with the Priefts of God^and that fo written under their own hand,to deliver to the Prieft to be keptjnterfacra D«,as God's evidence, figned and fealed by him againft himfelf; if a violator of it, and the counterpart thereof to have from the Prieft, figned by him,as the Charter of his pra&ife. This I conceive is the meaning of the Text, and £ori»»/isofthefameopinion,thougblknowothersthink the contrary ; becaufe 'tis faid, it (hall be with him, which his Copy delivered to the Prieft , they fay, cannot be. C a jet an reads th\$c\iak,Stribct fibi emendationem legu hujus accipiens exemplar a Sacer- dotibus Lcvitic* Tribus, de extmplo opt\mt,'.tiam punUis & lineament is emendato ad dif- fer entiam vulgarium librorum in eiuibus lex nonexaUe Scribitur ,& ut ad amuffim fcribe- retur exemplar afactrdotibus habendum fuiJfe.AndFonfeca follows him,adding,that pro- bably this exemplar with the Priefts was that, which Mtfts wrote • out of which , the Book found by the Prophet Helchia, in the Reign of fofiah, was written. But I ra- ther conceive the former ( yet with humble fubmiflion , yea, and without exclufion of the latter ) becaufe I fuppofe thereby the greater and ftronger teftimony lyes againft the King, in cafe of violation by oblivion, fince as the Gofpel fays, Out of thy own mouth will I judge thee y thou wicked Servant, andperverfe. So from thine own hand may God fay to Princes, fhall jour fins be proved and reproved, Ofteudam digit urn , & debitum, God marfhals then our faults effectually, when Reafon condemns the viola- tion of Religion.

Thirdly, in reading what they have written, and that not once, but often ; but al- ways where duty renews,memory of it muft be renewed •, therefore we write that we may read -, therefore read, that we may remember. To write, and not to read ■, to write on the Sand, or in Air, or Water, is to write in (hew, but not in deed ; for all's loft that's fo trifled : thofe fufile, and unliable Elements, are not adopted to tenacity, and therefore are not the grounds ou which we write. Men write on Tables, Trees, pilIars,Parchments,Papers,Metal,andon thefe they are legible thoufands of years, even from Mofes his time till now, above fix thoufand years •, whereas then the Prince is to write j 'tis to write librum e libre, the Copy, as the Original. Cajetgn makes four fruits of his reading. Firft, Vt Deustimeatur. Secondly, Serventur Icgisprs- cepta omnia. Thirdly, Non elevetur cur ejus fupra alios. Fourthly, Prorcgetur imm ferium Regis & filiorum. God commanded tne Law to be written that it might be read, and Princes are commanded by God to write the Law, that they may read it or- ten,and affectionately , with refolution to do it at all times, in youth and age, in profpe- rity and adverfity, in Ifrael, and in Captivity, and in all latitudes of impartiality, ac- cording to the direft and pat requiry of it.

And

A Commentary upon Fortes cue. %j

And then laftly, he mu ft read it with a refignation ofhimfelf to the power, and a refolution in himfelf to the practice of it. For fo much onely we know ar.ghr as we praAife accordingly , That he may learn to do all that is- commanded therein ; that is, that knowing God Jie Commaudtr, and all things accumulately, and copulatively, his com- mand •, and himfelf, though a Prince, not exempt by Prerogative from his duty, may with a ready Will,and unalterable Refolution, perform the Duty ena&ed by ic. This iginfhort, the fum of this Claufe, of which yet our Chancellour has a quotation more fucdnft in the fubfequent words ,

£tud exponent Helinandus, dicit, Princeps ergo non debet efe juris ignarus. This Helinandus was a French Monk of the Order of the Cltmiacenfes, he lived about pofleninti »» the Year, 1200. and Poffcuinas fays he wrote many things, as fourty eight Appatatu sat™. Books of the Hiftor'y from the Creation •, of the reparation of lapfed man one Book ■ ^smcbIo h«- Serraonss Epiftles, &c. Vincent ins Beluacenfts alfo writes of him, where in his works fteriait. m. i0. . thu palTage is,T know not • nor indeed have I ever feen the Authour -, but that it is in '• "*' them, is more then probable. And his Expofition olMofes his Directory, I take to be very genuine and nervous.fuitable both to the Holy Ghoft s intent,andhis amanuennVs Language. For a Prince being caput Regni & legum, ought to have in him thofe vital and animal accomplifhmenrs, that may in the nobility of their diftnbution, fupply all ^**T*/J'" the dependents on him. For, ns where there'are corporal defects, and monftroiity of Kxflvi. *sen«. par.s in them, they are thence leiTened in the World's eyes, and do all things with much lib-s- *"»/• *•« difcidvantage ; fo much incommodated are they from their minds plebeitv. It was a Ai lf'c'""v,n

■ /» • r* 1 • it jm COntpOnttt MU'

fawcy,and infolent Satjri or the Antients, Rex itliteratus eft a/tuns Coronatus : but yet mnm, & <tum 1,1- it has the truth of that Moral , That Kings unlearned are unlike themfelves. Not Gods "$*m f"!"-. defcendedinthelikenefsofmen, but Kings defcended from the beft and moft confpi- pt»LL cuousofmen to be their vaflals cenfure, and the diminutions of the very bruits »'»»;**«»«"•. >* of people. And therefore Philip had good reafon to blcfs the Gods, that his Son Zm'hn!" " Alexander was born to be bred under Ariftotlc, becaufe there was great probability, under fo nobleInftitUtion,he would become worthy his Father,and Tutor. For Parents generate their Sons, men in nature, and to be fuch in Title as they themfelves are • but Tutors form them, to be worthy and virtuous men, by good Pre- cepts, and lovely examples of virtue prefented them. And hence' Exi" vtmqmfam. %««. «.« «»< 9»t it is, that next divine grace, fol.d and rational Internals fre- t£l3&£S3E&£iS£ quendy a&uated in Affairs, according to the limitations of Reli- /<<<«< <j«< w*d»ant, ^ cum d,xlrm ^nU gion,the nature of times ,the coincidence of circumftanccs, and the Wm^**nt^tl?f**<****l**- Laws of Refpeftive Governments, declare Kings Kinglyly qualified. For knowledge *?**? »«•»• of duty conlifts not wholly in the Theory of theirNature.but in the maturation of their f"{^iu"'cmfii. Conceptions, to a fubferviency to their end. And therefore , though Kings may have »»« •»' firm*** lets proportions of fpeculative abilities.not fo clearly defining and canvaffing of Juftice C^'„'^M^' and Courage, as profelTed Do&ours in Artly Faculties may j yet they do ever in their B.egui. ' aims, and when they do like themfelves, excel them in the nobleft

import of Juftice, that is, in diftribntion of it as a blcfljng,refulting T,,Hm MUm >"' ""$$'* *•" *?&*?***■ irom their Crown, as, the Flos Solis which is enlivened and made lib 2. inftltuc. confpicuousbyit. For the chief end of Government is Juftice, and chat being C««/?<w (#* perpetua voluntas jus unicniaue tribuen-

ds, which refers to rfnon, according to that of the C.v.lians, He Z£&*fg*ZgZl is not jtifl ,11 hi is not altivcly fuch in the difpofition and refolution of- Jur. , his mind and purpofe. Princes are faid to be knowing in the Law

of their Government when they obfervc Laws, and propagate Juftice, according to c"mUx'^"^ humane poffibiIitic3,and regal prudencies-, Rex, cum fit fudex,fententiam diUurus affu- ™*™n%t»r»*>vt- mat ftbi turn prudent tarn, &c. Since the King is Judge, and ai the living Lato> determins i«t,Uipiamis.li(>. right andrvrong, it becomes him to be prudent, that he err not in judgment j and]ufi, that jnnttil^ p"|'.. he proportion pumfbments and rewards, according to the natures of the atlions they refer to, in nis, lit.pt offi • which no favour or affellkn muli be (hewed, th.it fuliice be not maimed, faith Petreius. ejo Judicw.. Now becaufe the Law; of God and Governments are the belt Magiftenes ol Princes in ,4„d*iM ,„»«•- this noble Craft .andheroick exercife of Confcience, the Chancellour here puts the non er"M^ncm"r- debet upon die Prince, telling him, that whatever he pretermits, this he muftnotdo, '*" paoius'X knowledge of the Law ■, becaufe without it, a Ruler cannot be juft, a People not be ♦.«rfpiamiurt. happy, a Government not be durable, a Governour not be renowned. The Cabalifisf

do

18 A Commentary upon Fortescue.

do hold, that Injufticeis one of the underminers of Thrones and that Canker that eats out the vitality ol their permanence,and difpofes them to, and puts them into Revolu- tion and period : yea, he mud needs be unnatural to his good name and perentuty, who does not labour to know Ins duty, and perform it, as rightly be ought, fo many Hi i ci j Hifto being concerned hefides himfelf (as in cafe of Kings there are,) and in the rectitude, or nx'sciavomin. obliquity of his actions. Uelmodus tells, that liar aid was fo famous a King, Vt Leges & jura flatuerit, &c. That the Laws and Statutes he made were for the reverence of their Maker fa venerable , that both the Danes andS&ZOns retigiouflj ebferved them. And lince him, thofe who have followed moft the fteps of ferious knowledge, in ftnd: Juftice, have been moft renowned. For as to be a man, is to be endowed with Reafon andUnderflanding-, fo to be a King, is to be knowing in the Law of Nature, of Nations, of his Polity, has triafunt omnia-, and in thefe, nin debet princeps effe Jgnarus. The Law of Nature is that v'^Q- «#*«>©• , that which is implanted in all Crea- tures. T his, Corvims fays, is coUeita ex praceptis natural/bus, &c. *a mmii trip* & frum,du mi'fcnm collctled from Natures Precepts, taught by Nature to all Creatures '. r^n:"^:^:^"; Such asare Conjunctions ofCreatures, male and female, for pre- uguiijt, tmxin>nfrtfta>interf,aHru, & fervation of their kinds, felf-prefervation, and all things incident mmMu ,r,ui,i 6- <^.ndcm dc ,.ndcu- therct0 &c Thefe Laws of Natural Policy God has chafed up.

on the univerial nature of the Creation, animal and lenlitive, and the Characters of them are indelible : the World muft ceafc cotvinus. m. i. when they ceafe,which under their prime caufe,are the means of its continuance^ in its cioGirpaniea noblcft end, and parts external, living Creatures. This Law of Nature fome of the a i. Tit.i. e. Learned do make fourfold, Lex Mofaica, infiinctus natura, jus gentium, jus pratcri- $HodiM*rM,pM mm pojfevinus makes it of a five- fold nature, Natural, Supernatural, Mofaitjue, D»- jpiud.'c^!f»"i "vine, Private. Yea, they make the Law of Nature to confift in thofe Precepts which . are purely good,both as to doing of good, and avoiding of evil ; according to that rule oifufiin Martyr, i tpCnt <*'« ttc/h toc tr/ipfpirar to fZ'uvror ; and in another place, Dym*. «'">« tI* 9u<t9 (MiJiv it "inx «/«r. Now this Law of Nature being explicated in the Law S4£.t.ii«*.ii» of Mofes, and added to by that nomothetique, and defpotique Authority that Mofes has, as the *j»t®- vtuiSi-mt, (as Diodorus Siculus tefhfies) he had learned from the Gi*c°os?"»!" " Eg)?1'-'1* Priefts, as the truth of their Tradition(as Jufiin Martyr obferves.)TheLaws of Nations, of what kind foever, are but the prudent Extrads, and divine Comments upon this Text ■, and the improvement of that natural Sagacity, and political difcre- tion, which men of parrs, place, and experience exprefs according to the entrufts of God with them. And this being in all places, 3nd in all ages, one and the fame in the main.and chief tendency of it, which is prefervation of juftice, and propagation of hu- manity in all the emergent and occafional branches of them, which diverfifie and fpread out into infinities , as men and things dilate and increafe , the Learned call the Law of Nations,as the common principles which correfpond man with man, jus gentium ; and tudius m Pan - this is defined to be in praceptis & communibus notionibus homini peculiar iter infitis, vi- deft*",r"' | j? »»• vindi reflam rationed* ctntlnentibtu. This confifii in diftinftions of mens Rights, build- tvZ''- ' ing of houfes, erecting of Cities, focieties of Life, judgments of Controvcrfics, War, Fomerius in U- peace, Captivity, Contracts, Gbligations, Succeflions, and the like ; as that judicious DmT&SLva' Gentleman Sir Thomas Ridley ha to my hand obferved. Now becaufe this Law is borum. the fame to all.in all places,at all times being the inland of humane nature, and a dona-

V*Zd Bcclcf'1 rV °f Gods,the natura naturans to the natura naturata in man, therefore 'tis called the Law./' u Law of Nations, fince it links together humane Natures ar.d Societies fo firmly, that

Digdw* i. Tit tnerc is no unluting,or difcementing them, but by a ryot and fray againft the peace of jme^.j^s^sJ. God's primary pofition of them: nor can Wars and Animofities juftafie themfelvesof any better Origen then by blows,and monftrous hears,againft the fcrene and juft cogna- Fiorcnunus nt.i. tj0f,^ an(j ai]iance of man with man, and the common principles leading them to union doi'mm fu"ri. and amity. But this being no« the ordinary notion of jus gentium, I proceed to ho- nour it as the cuftOme ar.d obfervar.ces of learned and reduced Politics , which of rude sl'cch'Jtn'iZii are become civil ; ofBthnique, Chriltian^ of'difcordant,harmonious. And fo by the sTarCchu»"b<l ' jm gentium tht * I mperial Laws .ordinarily called the Civil Laws, are to be underftood. p. 's+. of his tnc(c being the Laws of particular Conftitutions^yet are focompofed by,and conform-

Alciatus Brecht & Forncr ad Itgtm 10. p.z»,i». CajV.M.i. ln(Ht.c.». O geRMt.l. Tn.i.p. 60,

ed

A Commentary upon Fortes cue. 20

ed to the Laws of Nations,that they are deep Channels of Juftice, Wifdom,and Varie- ty.and" are faved in the opinion of the plurality of civiliz'd men. Jus civile eft quod »e- V}ti»n.ht t.in-. que intotum a naturalivel gen'.ium recedit,nec per omnia ei ftruit.Itaque cum aliquid ad- "),''" i't D's^' dimns, vel detratrimusjuri communions prcprium, ideft, Civile efficimus, faith Z*'/- Juilma & jure, pian. Now that the aforementioned Laws do differ in the objefts they refped, the *' si Law of Nature fuits, omnibus quidem hominibus, fed mn felis ., becaufe it takes in Fomerius Dc bruits as well as men. The Law Civil agrees with men onely,but not with all irien(for Vimnm figmfic that we in England^xcA in other parts,more or lefs, it is excepted againft in the Exem- ""'S*" 4j- ptions and Salvo's that are allowed againft it ) but the Law of Nations fuits omnibus ho- minibus & folis ■, and the Civil or Roman Laws being the ampleft and oldeft Syftem of humane Laws,are highly to be valued, and fo are in the Empire, Non opporterejus ci- vile Calumniari, faith Pan/us ; and the glofs gives the reafon, guianoneftpecunia- uh. t. Fpitom. rium interejfe^uumjit intftimabilis ftientia^. 1 19c. in marg. p. Dottior. Alfini.n.Digeft.

By the Civil Law, I mean the Law of Nations methodiz'd and collected into four l'*wL'<£».' ** Tomes.

The firfb whereof is the Bigeft ad'gerendo, or Pandects, from ■**t<Ft%uuu, containing the Works of twenty feven original Law- Budxusi»Pandefl,f.s«. «toBafii, isa*.' yew, fome of which were before Chart's time, and the reft in the £f^nus Bib;'othec- SeUa- ui fiMU Eropcrour's days to Maximims j and to this Tome Juftinian's In- Noftrum mum ot/"»»««m»«i g«<« »».

ftitU tej is added *" ■D" ^nnemt c«mponmtr,Digcfli>riim, vel

-T-ur 1 4- « * 1. tit -L^j- Pmd,(far>>m mmen hibtre fucmiu, mills

1 he lecond Tome, or Member 01 the Law, is the Code xa Sperms in p/imim mdcmbui ommema. Twelve Books, the Refponfa of the fifty fix Emperours, and their «'« •"> ***w» " vntifiutifM frpr*.

/-._ ir Lr- a \ ■ n n- ■ » • diifi coduii compendium coufitndere. Imp.'

Council, from the Emperour Adrian to Juftiman s time. Citfat luft£aftt, .» c**i«n lit. ran-

The third is the Authentiques , im i-ilvStvleiv, proceeding deaatamp.13. from the immediate mouthes. of the Emperours, and fo being of

abfolute and unqueftionablc Authority .this part is called alfo N<wf &t,for that the Laws ^e^ff!" in them are upon emergencies as new matters occafioned new Remedies. ub.<*. c.i*.

The fourth is liber feudorum, it4t!«f , which contains Tenures of a Military Origin. ^J1^1, ^f j' I fuppofe, fome make this as antient as Chrift's time j others later, but all very antient. e.\\]i9'. Thefe are the grand Kecords of the Civil Laws, which are artlyly and amply expatia- ted upon by the Learned Doftours in that Science, who truly have in all Ages proved themfelves as great Matters of Learning, as any the World has bad, and have carryed as great a fway in the tranfa&ions of State Affairs,as any other Race of Learned men j Lege Impet ju. fuch as of old were 77£.CVr«» anus, Publ. Papjrim, App. Claudius, Claud, (fentumna- ftm. A>/«». De nus,Sempronis, called by the Romans & none before or after him was, 2°?®-, Sc-pib f^^'^'%.,'. Nafica, Mutins, and hundreds of others -y which, together with their equals of later ««toib. 1. dite.fuch as £///>. Bartclus,Zafius, Alciat. Hotteman, Hopper, who all of them in the y"ofine jB. words oiy/pian declare the Civil Law to be that qiudneque in totum naturali vel gen- „«,/ 708 Hum recidit.necper omnia fir nit .Itaqtte cum aliquid addimm vel detrahimus juri commit- mjusproprium, id eft, civile efficimus. And again, Jus autem civile cfi quod ex legibtu^ plibifcitis^fenatHfanfultU^cretis prin ipum,aullaritate prudentium. Thefe are fome of thofe Jura yihit the Prince here is not to be ignorant in. But the great Chancellour, as a common Lawyer by profefllon and preferment , has another kind of Law to ac- quaint the prince with, as he was fuppofed by our Chancellour to be rightful Heir of the Crown of England, in which there was a peculiar Municipt Law. pilia temporis, mater p4rir,frticJas fapientia, fulcrum rcgiminis, decus regnantis ; grounded upon fix ^^tr Si St/U. principal grounds : Firft.the Law of Reafon : Secondly, the Law of God : Thirdly, lib.i.c*. p.s. on divers great Cuftoms of the Realm : Fourthly, on divers principles called Ma- xims : Fifthly, on diver* particular Cuftoms : Sixthly , on Statutes made in Parliament by the King, and by the Common-Council of the Realm.

Such a Law as that Plato defcribes to be a well-cohftitutcd one , t« *VJ?« tii.i. DeLejib. '/^vuiioit, dec. making the Subjects happy and blejfed under , and fhining at the p. ni. fruit < of it. This is the Law of England antient, not onely ultra memoriam bominum, bat recordorum, the fruits of experience, in the fuccefllon of time, the womb of peace, riches and renown in all ages and degrees ;;the centre and ftability of all Governours, and Governments, when they reduced all their Circumferences to its punA of Juftice, , which is indi vifible. Tn a word, the amplitude and glory of its Monarchs , while they have been ruled by it, dreaded alive, and lamented when dead, becaufe great and

H §ood,

30 A Commentary upon Fortescue.

good, powerful and juft, men in nature,but Gods in munificence. In thefe Laws and

in the emanations from them, and the Statute-additions to them, the Prince is told, he

ought not to be ignorant , becaufe the Law is the rule of his duty, and igmrantiap. ris

*oh excuftt , neither before God in point of Confcience, or men in point of fame ;

which is the reafon, that wife Princes have laboured to know and govern according to

the Laws of their/jovernment, and onely unhappy ones neglected themfelvcs in the

omiflionofit ^ and the effefts of fwerving from the Law is legible in the troubles of

M»ih.p»ii»,/<r King^cA*, Hen. the Third, E. the Second, R. the Second; who not guided by the

*ii.t45.si4. Laws, had Reigns of War and Tumult. The Prince then was by our Text-Mafter

Tm'lw'ihc we" advifed not to be ignorant of the Laws, left he prefer Paffion above Reafon, and

n«» tf vnu «. being carryed away by the Eurocljdon of his Will, forget that pious, prudent, gener-

rnm torn. ,ju ou$ ^u\e 0f praftice.wriich our late Martyr'd Monarch, blefled King Charles commend

vim *c f upturn. j . i /. r , ' , //■ • j w »J *-v i \ i - ir

cotiiuj./i*.i«. ed in thofe words, I cannot yet learn (laid mat martyr d Oracle) that Leflon-, nor I Digeftor. fopt ever wiS you , that it is fafe for a King, to gratifie any Failion, with the perturb*.

rnnce'of w*iu. t%m °f the Lafos, in which is wrap'd tip the fublicjve Interest, and the good of the t^tnt'

munity. So renowned King Charles the Firft. But 1 proceed to what follows in the

Text

Nee f rate xtu Militia legem ftrmittitur igntrare.

This is added, to take away all Arguments of excufe, which Martial Natures are apt to make in Apology for their artlefsnefs -, they fay, it effeminates the mind : Did it fo in Mofes% T>*fidt Alexander, Cafar, Julian, Conftantine, Antoninus ? nothing lefs : nor did they allow all time to their accomplifhments as Souldicrs , Schollar;. they knew they ought to be,and onely could be by Study, arid learned Inftitution , and the i Jacob, c i. Laws of God, and Men, as the Treafuries of that they read and confidered , and this made them calm Governcfurs, tender Parents, prudent Warriours, politique States- men, viftorious Princes, and yet continues them in the reputation of Heroiques. Di* vide a Prince from knowledge and adion,curtail him of either of chofe Diadems, and his Crown is abated -, by how much either prevails againft other , by fo much is he pro- pended to the extream, which is the over- reach of virtues mediocrity. And therefore, as I hold a Prince ought not wholly to neglect Military Affairs , but verfe himfelf in, and accuftome himfelf to them, that he may intonate fear into Neighbours, not to pro- voke him to War, or to contemn him in his appearing •, as vainly did the Emperour by the Swedish King,who was the braveft Hector" of his Age • no, nor ought he wholly to rely on them, contemning Arts and policies of Juftice and Law- becaufe they direct T belt how parta rjr propria confervare, and are the nerves and finews of fuccefs and hO- ftiniano.c»4« nour : but joyn tnem togetner , etfi mtlttes five arma propter leges tn tnto colUcantur, enfirm. ipfas tamen leges armorum prafidio confervatas Juftinianus putavit. So Salmnth. And

!«.'* d" Arma- now ''ct'e Arms, without managery of Wifdom has profited their undertakers, is evi- mentaciis^in. dentin thefatalconfequencesofthofebrutifhengagemcnts, winch have been ruinous to Princes, and their fortunes •, as Salmnth has given us many inftances to prove the truth of it. And this renowned Queen Elizabeth refolving in her felf , who turned the Affairs of Chriftendom upon the Po/ej,of her Wifdom and Courage, being truly furnifhed with both Ornaments, to a degree fymmetrious to her Ma jelly, made her Reign renowned, her Sub jects rich and grateful, her Commands abfolutc and obfer- ved, her life prayed for, her death deprecated before it came, and lamented when it came. In a word, left none unfad, but thofe to whom fhe juftly and honourably was a terrour. And fhe did this to the amazement ofajl Chriftendom, «and the immortall honour of the sex, by being directed by her learned judgment, to Stpiato n°c,,imnpo,ep, nuiu d,iMt *u, temper her Juftice with fpint, and her Mercy with competent fe-

frdfm,nnll*dtminueifcqittns a: iandt fen, ■ , . . . /■ U «- n. I ,- » .• n- ■

{•rtfrm^^rf ««,«,,„ cJf,r«. verity, and by employing fuch Spectacle State-Mimfters, and i»»nUm tjKidtm w vtcmo vcrfaur inv,di*. active Martialifts, as fhewed her a practical Monarch, who as (he Seneca^De Bmh vi*/. 7JS- knew how to rule fupream, foskill'd the method of her fupporting

that her folenefs by the proper aids and fhoresofit, Laws and For- ' / ces ; indthiswasnonpratextu Militia legem ignorare. For the fundamental and an-

tient LaV/s, Priviledges, and good Cuftoms of this Kingdom, do not onely preferve tht King's Regal Authority , {but are the Peoples fecurity of Lands, Livings, and Privi- ledges,

A Commentary upon Fortes cue. 31

ledges ,both in general, and particular ) are preferved and maintained -, and by the abolifh- ing, sr alteration of the Which , it is impeffible , but that present cenfufion VpillfaJt upon the whole fiate and frame of this Kingdom. They arethe wordsof the Statute, i?4(. Cz ^the

Which confidered, there is great reafon Princes and Monarchs, efpecially ours ramble, in England, ftiould not be ignorant of the Laws, becaufc they are fo eflential to their own liability, and cheir peoples fecurity, as nothing can be more; nay, with- out them, known and exercifed in that Quaternion of Magiftratique method .. . .. ',., Jtr.ptrare, vttare, perrmttere, pumre, which contain the virtue ot Laws j there can ReguUnun. be no honour to the Prince, no felicity to the People: yea, that Prince that is fo un- happy ,while he intends fo nobly.not to be well refented, may ufe Cato's words, though in a little other fenfe, Nihil egifti,fortuna,omnibus cenatibus meis obftando, mn pre rr.ea adhuc fed pro pair it libertate pugnavi nee agebam tantji pertinacia ttt liber , fed ut inter Seaca.Ep.n. liberos viverem,minc (jutniam deplorattfunt res generis humani, Cato dedueatnr in tu- tum. Better for a good King to go to a glorious reward in Heaven, then live to oblige a gracelefs, and ingrate people. But God being the onely Lord of life and death, is to be attended upon for the lflue of things; which if they be not to Princes, as well as other men, fuch as they would have them ; yet are, in whatever they are,fuch as God permits, and knows befl: for them to have them. In the mean time, we muft en- deavour to do our duties,the Prince not excepced,whofe part it is, juris mn effc ignartts pratextu Militia,

A facerd/tibus Levitica Tribus ajfumerc jubetnr exemplar legis , id eft , a viris Cathclicis & literatis.

This is added, to reftrain the King for the Matters of God, to God's own appoint- ment and institution ; the Priefthood was fetled on Levi by God, Numb. i. 2, 3. and no portion had Levi with his Brethren, for the God ot bis Priefthood was his portion. Now, God to put a dignity on the Priefthood, does not onely enjoyn the people to confult the Prieft, who had the cuftody and knowledge of the Law ; but even the Prince, he was to write the Law from the Original, with the Pricfts, called here the Levitical Tribe ■, not as Aben-Ez.ra thinks , to diftinguifli them from other Priefls, i\i»*. which were not of the feed of Levi: for Dru/ius refufes that, upon the ground that the Prieftswereofthe Kindred of Aaron, who wasof the Race of /,rt/» ; bat to keep Ub De vitl us dofe to God's Ordination, who made the Priefthood the Repertory of Law-Learn - Mofi«. ing, n*ii't<ii>v it Hftif, as philo'% words are: And hence learned Grotius writes^ H)t vera ratio habetur meLor urn temper urn, &C Here, faith he, is an account of the flourijh- t™'£ " VeaU ing times of Levi -, for then all controverfies, judgments, difficulties, were brought before, and refched by them ; bnt afterwards they declining, and the incomes of the Prtefthood be - ing great, and inclining the Priefts to floth and luxury, it fell out in time, that the Learn- ing of the Priesthood was tr an fitted into ether Tribes , amengfi which there were thofe that excelled the Priests in knowledge of the Law : fo that the people did not onely wave the Levites, but evenftmetimes the Hlgh-Prieft , and applied themfelves for introduction in the Law ofGod,to thofe that Were teat ned, though not Levites, but Lay-men -, faith he, OUtof Mainrcnide.<,\\b. 2. De Synedrio.

Though therefore the Priefts misbehaviour, might eclipfe their credit with the peo- ple- yet God's dignification of Levi is plain from Scripture throughout the whole Book of Numbers ; and che Authour to the Hebrews mentions it in the fifth of the He - brews, as an augmentation of it. No man, faith he, takes this honour upon him, but he LnJ"°*£"{, that is called of God, as was Aaron. Yea, and plain is it from Philo, wnofe words are, um^'Iu." *X *&f i-mUu -mt iytav,Sic.. Do you not fee , quoth he, that God the great Law-giver y did not commit the prefervation and charge of holy things to every man, but to the pure and hoi) Levites> So in another place, -m< yde Kf]4ty\m, &c. The Levite hat all thtpri- viledgesthat pertain to aperfetl Priefthtod, "by Vehich men attain the knowledge of the great Lib. De Sacrif. God, and are in their facrificis and frvites rendred acceptable to him. And in another Abel" & Caini« place he gives the reafon, why. God took fuch care of Levi, and made their Habita- • ',Ii*' rions,Cities of K efuge, as well as their Offices, the keepers of the holy things of God ; becaufe the] defer ted aU that Wat mefi dear and near to them, to attend his portion who is immortal.The Priefts then were theTruftees, to whom the Cuftody of God's Law was referred. And therefore Princes enjoyned to tranferibe the Law from their Original, were to apply themfelves to them • fo under the Law : nor is it otherwife under the

Go-

3l

D« differentia Mofaici fastrdt-

HI fr Ev<Ul£ttti

lectin Orat. Cat- lecii in Concil. Bafil.Concil. To. l.p.t.&Orat. Foleaiacii^.ci.

Carholicas eft tilt qui ertdil tm- p'icttt, vet expli- cat'ealt»,velhabi- tutmniatjuaptr' tinent adfidem trthtdtxamfir- maiam vet infer- mem. Brulifct. Dift.S».}'<M.

%Lib.t.c.ij.ila- flit. Oraior.

A Commentary upon Fortes cue.

Gofpel. For as God under the Old Law by Mofes •, fo under the New Teflament by who was faithful in God's Church as a Son , has ordinated an Evangelical Priefthood, not lets confpicuous,thcn the A arenick^one ; for , as that was ordained of God for men in things pertaining to God, as it is Heb. v. i. as that was an honour to thofe that were otic, who were counted God's portion, as that had the difpenfation of offering both gifts and facfifices, and making known the Law of God to men , as none were to be of that but Levitts, perfons feparated to that funftion, as that was exclufive of all other Worfhip, till the time of refrefhing from its burchen of mulriplyed Ceremonies came : fo the Priefthood or Miniftry of the Gofpel is ordained by Chnft, and the Mi- niftcrs in it Patrim-nium Crucifixi, and the Tythes in it the Minifters right, and all parts of Miniftry onely is difpenfable by them, and none ought ro be accounted in the Miniftry, but thofe feparated to God by Canonique Ordination. Thus they an- fwer each other -, and in one thing the Gofpel Priefthood excclls the legal. As it is a more fpiritual one, fo a more durable one, fo a more general one, that brought men to fee their God through the Glafs of Types and Figures ; this face to lace, that lafted but till the fubftance came. This (hall endure,till time (hall be no more ■, that was li- mited to the fews: This is indulged to all Nations ■, the Gofpel brings falvation unto all men : now,there is neither fcVp nor Gentile,bond or free,but all one in Chrifi fefus. So that the Chancellor has done well to expound the EvangeliqueRites by viri Catho^ lici & literati.Cttholict] This word in all Authors is expreffed to denote Univerfality j thephyfitians call * that wch is profitable to allay and fweeten all humours,a Catholiquc Medicament •, and Quintilian terms univerfal and perpetual Rules CathJ/i^ue,Catholici then here is to exclude faftious affumption of the Office of Miniftry ,withont admiflion, and confirmation in it Apofiolical, that \s,Catholique :.for no Miniftry is Catholiquc", but that which is by Church-Tradition, Catholique Reception, Apoftolique Practice, Scripture- Warranty which for ought I know,bave read,or I think is pofiible to be found inScripture-Hiftory or Tradition, was Epifcbpal,inthe fenfe that ourHoly Mother the Church of England praftifes it from the pureft times ,and pioufeft prefidents. A nd then Literati, to denote qualifications of the mind to, both underftand in themfelves their duty , and make others underftand theirs alio. For the Catholique Church, whichisnotreftrainedtoany part or particular of the whole Church , either Romane , Reformed , or Greeks but the whole Complex ofChriftians , having Chrift their Foundation , and being the pillar and .ground of Truth on him the Rock, though it may differ in circumftantials ; yet being one in unity of Faith , and effentials of Worfhip, and praftife of Charity , accounts its particular Miniftry, in a true fenfe, Catholique. And therefore , though the Chancellour by Catholiris mean the Romiflj Prieft, ex- cluding all others , yet it is applicable to the Priefthood, or Mini- ftry of the Univerfal Church: of which in ("atfander's words,- It is abundantly enough honour done the Chur: h of R.ome, that it is * fmallfart of the Vnivcrfal Chureh. And no National Church is more or leffe Catholique one then other , Z>bi k capite wn receditur pcrfalfam, «£• Scrifturisfacris difientaneam Dottrinam a capite Chrifio, a corpore vera nonfer quamvis rituum & opinionum diver fit at em fed per folam charitatu defetlionem. So he.

So that the Officer that the Catholique Church has admicted to , and empowred with the things of God, the difpenfation of his Word and Sacraments, and other holy parts of Priefthood, is Succeffour to the Prerogatives of the Evangclique Priefthood, of which the Levitical was fore-runner, and no Intruder muft be hearkened unto, or admitted to participation in it, who is contrary public*, antitjua , perfetut, & univerfali Ecclefit cenfuetudmi. for Saint Paul re- probates fuch interpolation as dangerous •, we have no fuch Cu- ftome, nor the Churches of God. This be enough for Catholicis viris. And thofe the Churches of God have always trained up to be, and admitted onely fuch as be Literati • as Learned, without Catholique, will be but a faftious ; fo Catholique,without Learn- ed, a barbarous Priefthood. The Apoftle's rule is to Timothy, Study tojhtw thjfelf a Wer^-man , that needs not to be ajhamed,

fittifitv,

Ne putes Ecclcfiam, quainpetra eft, in una parte effe terrarum, &■ nan diffundi ufqac ad /)n«< terra, &c. S. Auguftin. lit. 1 1 . an- triter. Petiliani, t.ioS. Sic Ttaft.ji. fuper Joannem.i Homi\.f»per Apocalypf.de «r- reit. ponatifli c. \.

Santjus Auguft. de correff. Donatift. c. 30. Extra bee carpiu neminem vivtficat Sphtius SsuStu.

Romans Ecclefix akunde faiii eftgleria partem effe parvam univerfalu Ecdcfis. Lib. be Officio pti virt, p.3»8.J»s.

Huittjuii erge ah hac Catholica Ecclefia futril feperatm quantumlihet lautLMiterfi vtvere exiftimet, hoc filo fcelere quod a ChriHi tinitate disjunSm eft, mm habehit vitam fed ira D11 manet fuper ipfum. Sanilm Aug. £[. \09.ptft catlat contr. ponarift. Ntmen Caholicum fuit tnventum, ut ta dt- fcrtmiimtione nominis al harttiio cum ctnven • ticulii ccjrnfceretur ejfe tbJUnff*. Baiooius To 1. ad^im+i. -

l Tim. ii, ;.

a

Lib. I. Contra C.et'conium.'.i

la Liciun.

Budacus in Fan- deft.pr«r«, pag. i»6. «A;.Baffl.

Cicero Ealbo, Inftnul.

A Commentary upon Fortes cue.

Jixjuar, Operariam inconfufibilem , one that can hew out fit proportions from the mafs of Scripture, and orderly fct together what he has apportioned for his Miniftry, to make it orderly and advantageous, not erubefcentem, as St. Auguftine exprefles k, as they are that boaft of more then they can perform, feeming to be what they are not, *o?.5sto^*k7* , ntte fecantem, that is, carrying himfclffo, as to hold :he Truth free from all extreams, as they do that keep the Channel, and avoid the Rocks on both Shores, Collatio e> go inter Deifervos ejfe debet, nt>n afycrcatio, faith Saint Ambrofe, in Uc. Grotitfs will have it to be ftmilitudo duel a viBimis qmt certo rittt fecari dtbebant ■, and, fays he, a man is faid rightly to divide the Gofpel,e/m> cuique accomodat ea monita <]>!£ cuique Afaxime cowveniunt, quomodo de viBimis alia partes dabantur facerdotibus a'U privatis •, which being an a&ofWifdom, requires learned breeding to direct the Workman unto , and in his work • and upon this ground , as the Prieits of old were learned in the Law , fo the Ministers of the Gofpel , whofe mouthes are to preferve knowledge,are to be by Canon learned , and fuch the Chancellour means by Literati, notfuch as the Scientique Budaus laments for being in primorum ordinum facerdotibus in France , Where virtutis doBrini que pramia in homines latini infantiffimos non fingula fedb.nay terna congeri verms quam conferri vidimus, qui ecru non tarn his bonoribus orna- ti,quam obrttti e(fe iniquis oncribus videntur. No fuch Drones, and over. grown Novices does our Text intend • the holy things of God are under the Gofpel committed viris Lteratis. So Tullj exprefles viri hterati acfludiis doBrinlfque dediti I teratus & de- fertus. So De Clar. Orat. 4. Such.who have much in them, and much written up- on them of knowledge of books and men, and of holincfs to the Lord : of the fword in thefe mens mouthes,fhould not that offlautus be true , In eo enficule literarttm quid eft? But every part of their Exhortation and Reproof, their Information and Dire- ction fhould be rich and full of Argument.

This is the Char.cellours fcope, to inform the Nation, that the Chriftian Miniftry , though it had the Levitical for its prefident,yet not onely fucceeds-, but exceeds it. And that the Rites of conftcrating, or crowning Kings, and taking Oath of them to perform the Laws of their Government, and to maintain the Rites of Holy Church, as they will anfwer it to God, and the evidences of their Confciences , and the Goljpels they fwear by , to which the Minifters of God, Biftiops, and others, ase Witnefles in the behalf of Trudys no lame and lazy Ceremony, madeuponcly of extern pomp, but of neceflary and renowned confequence • which thofe that vituperate are Children, and thofe that would overthrow are Devils ■, becaufe therein accufers of antient Piety and Prudence, and enemies to Mankind, who generally have the Pricfthood in higheft honour.

This I the rather touch upon,becaufe we have lately been in, and are not yet wholly purged from the Lees of thofe unhappy times , wherein, with many, all Antiquity waf execrable,nothing pleafing but novelty, decrefcebat innocentia infortju/titia in ]udiciojn amiritiis consordia, in artibus peritia,in moribus difeiplin* ,1S S.Cjprian once complained of his time. No Law, but Luft- no Jufhce, but Arms ^no Churcn, but a Meeting- place ; no Prieft, but a High-fhoe,or uncatholique illiterate ■ noCanon, butEnthufiafm ; no Mercy, but Ruine. So that truly in our England, there was a kind of Reverter ( at leaftin the menace of the Rabble, and their Arch. Dukes) of Druydlike Ethricifwi, Tune maxime Deos propitiarijeum per cruciatum hominem excarnificijfettt, faith Giral- itti of the Druids, and 'twas too true of them,

But blefled be God, we are in a better ftate now, the exemplar legit has been ten- dered the King,* viris Catholicis & literatis,and now the Ecchoof ourLcarned Chan- cellour may humbly prefent the pre-inftanced Scripture, Chap.xvW.of Deuteronomy, as that which is, the nobleft Monitor of the Prince's duty , that any where, in any Author, in any timcis to be found.

Liber quippe Deuteronomii eft liber legum quibus Reges Ifrael fubditum fibt populur* . Regere tencbantur. This is added, to fhew the Text-Mailer's love to the Prince, in fajmhiM his preference of Deuteronomy, and the xvii. Chapter of it, for his direction, to be ac- caainjo *.ufo, cording to much Wifdom • for that it is Methodus regiminis quo Reges Ifraelis teneri Ep,*> deberent, God's precife determinuion of the King to that, as his Oracleand path to walk by, and in. Indeed, I itaot Pliny's mind, Sttmexiisquimirorantiqt.ts, &c. J

Lil>. DeAbuf.

fx.uti

DeNatur. Dee- rum Symagm. 17. p. in.

?♦

Philo. W.I. DeCteatiPiinci- pis,/. 71J.

I^in vii n. t»m. vii. 7.

fn Feotateuch.

/n Argumtnlo **f* Deuieionem.

ioiinus inpr*f*t MifDeuteioa. i Bcda /» /oc.

£»'K De Momi- num Mutatiane,

A Commentary upon Fortrscue.

am ofthtir minds, whs admire the Antientsjbutyet notfoto deffife the acquirements of later menandtimes -, for that were tt accufe Nature, at /pent, and defeiiive to a generous pro- dnUion of Rarities, how a* well <u heretofore. I know there are Trads of Pol icy, and Treatifesoflnftitutions for a Prince, which of late have been propofed to the World with notable art, and fubtile iniinuations : nor are the later Wits lefs keen, noriheir Writings lefc polite, then thofe of their Anteccflbrs : But thefe are but men that wrote, and what they wrote fubjeft -like them to errours and miftakes. Mofes, the Penman of this, was one of God's infallible Secretaries, and he propounds to the King ( that was Prophetically regulated and admonifhed, for jfrael was yet under Mofes his Regiment) TLu) isiout Jjnffiootf, &c. The n»ble Mean between the Iron and Leaden ExtreamshowhefliaHbe, i<t\>y*o>< to fix-ata. xeir»/]©-, &C An admirer of right, a judgcr of Vtreng,a propagator of truth, a* the besl Pillars of a durable Regality. This fays Philo, Mofes propounds herein, as a Reward to the Prince that is led by it ; and therefore no wonder, though Mofes direft to Deuteronomy , as his fecond, ai?d moft compleat Syftem of the Law. 1 or though there were many parts of Holy Writ that pcrfwaded the Prince to love the Law, and to embrace it as the Rule -, as that where no Law is , the People perifh; or that of Saint Paul, The La~toisjuft, and holy , and good ; and if it had not been for the L" aw, I had not lyown fin. Or that of our Saviour, who be- ing interrogated by the Jews, queftions of import, anfwers them, by referring them to the Law ; How is it written in that Law i

Though 1 fay the Chancellour might have illuftrated the beauty and ufe of the Law from other Scriptures , yet in that he waves them all here,and refers to this Book, and this Chapter of this Book, 'tis a ftrong Argument, he thought it the moft oppofite to the Prince's inftrudhon, Partem Seriptura pohticam & legiflativAm ; as Aureelm his words are. Well he knew, good Chancellour, that every word of God was good ; but that thefe were like thofe of Solomon's Apples of Gold in Piftures of Silver, the onely words he could artlyly ufe to his purpofe , Deuteronomium eft tfuafi incenfa, & perpetua emtio, eaejut de r**/* Mofis, c. 17. v. 18. juffttutnovi Reges,elegendique de- fcribunt ftbi Deuteronomium, ut difeant timere Deum,Scc. faith A.Lapide.

I t's true indeed ,every Book of Mofes has his peculiar excellency, as it anfwers fome ufefiil end of God in the Production of his Defigra there defcribed : in Genefis there is defcription ol God as the enjoyner of the Law •, in Exodus, of Mofes the Minifter of the Law •, in Leviticus, of the Heads and Content of the Law •, in Numbers, of the Na- ture of the People,to whom this Law was given ; but in Deuteronomy, there is a fhort Recapitulation and ConcluGon of the Law given -, the laft words of Mofes, moft pithy, moft memorable,moft cull'd: and A.Lapide fays his Book was made upon three Caufes. Firft, for fupply of Mortality , becaufe all the old men that came out of Egypt, and heard the Law delivered on Mount Sinai were dead. Secondly, becaufe Mofes was now to dy,and being to leave the people of his care and love, he leaves them inftru&ed in the Law by this Copy , and perfect Accoropt of it. Thirdly, for that the words of Rulers and Princes have moft fway with the people they govern , he leaves them this Book, as the lading Memorandum, and Journal of their duty , and enjoyns Gover- nours to tranferibe it, that by remembring it themfclves, and ruling their people ac« cording to it, they may be happy and beloved as Mofes was. For fo it follows,

Hunc librum legere jubet Mofes, ut difeant timere deum & cuslodire mandata ejtu qux in legefcriptafunt.

Well did Mofes know the temptations of greatnefs, that Kings are but men in na- ture, though G ods in facrednefs ■, that Power is apt to arrogate a Prerogative above Mortal Reftraints, and that the nature of man frail in them, is apt to pervert Gods in- tention in the latitude of their Commifllon. Therefore Mofes claps the Clog of God onthe King's Confcience, and enjoynshim to read and write over the Law of him and his Government, as he will anfwer the violation of it through ignorance or perverfe- nefs to the God of that Law, in whofe hand bis life and breath is, o< <ssn xjus'« JWS- £«£« , &c. faith philo, That his corrupt Nature being aVced by God's Sovereignty, may by fear and aw of it be retrained from exorbitant rigours, and vain exeurfient.

Indeed,astheL»wofGodistbebeftBQok-, k» fear ©fGodisfrom tbebeftLeflbn

mat)

A Commentary upon Fortes cue. 35

mm can learn. No grace has more ot the exakauonof God,and depreffion of maty hen tear has ■, and no man h is more need co have God's fear in him,then a King that is free from the fear of man onh;m. Saint Bernard makes tear prima grattarum ejuas totius Reli- gUnii exsrdinm eft ; No fear, no Religion. Therefore the Wife-man fays, Fear God, andkjep his Contmandtments, that it the whale duty of man. in thelaft of Ecclcf. ltd eft prima tin ordin; grariarttm ftcnt panpertas inordim Beatitudmnm, faith that Fa- j^Lw Sp'r" ther. Indeed fear, as it may be objected and accented, as it maybe tinctured and by- L*. dc Abta- affed may in Philo's words be <nu.iZ*\or x.*h, an ill advifcr . It may be fonat in our ',aino-P!"- fh pcaufeaftorm, and endanger all the feremty of our inward peace : this his fear, the ftar of man •, a fear of incredulity, a fear of inverting God's pofition , making God lefs, and man more then he is. In an evil fear,forbidden by God, perfect love calteth forth this fear -, 'tis a fear of fervility,not ingenuity •, the fear of Baftards, and not Sons ; 'tis the nail in our heads, after the butter and milk in a Lordly difh, which this World's flatteries, and the ^«/'s of infirmity treat us deceitfully, and to our mine. But holy- fear, to fear the Lord and hisgoodnefs,is the felicity ,as well as duty, of not onely Sub- jects but Princes : nay, 'tis paramountly pertinent to Princes, becaufe the onely object of their fear, as a Superiour to them, employs it,and as a God to them, deferves it. And

this the Hebrew phrafe here HST"'] tranflated to ^rimports : for 'tis none of thofe ordinary words thcholyLanguage has^orordinary tear not "Vl^the fear ofone,a Gran- ger in a Land that is not his own ■, as Pfal. cxx. 5 . nor J*H,a fear of trifticity : fo Pfat.

xxxviii. 18. nor t~?nj, a fear of modefty, like that of youths , who blufh for fear, when they come before men of age and worship , Job xxxii. 6. which we call a run- ning our heads in a hole:, nor "OH , a fear caufing an uproar in the m\nd,ffa. xxxii. 1 j . like that fweV"» , charged on Martha, Tumnltuaris circa plnrima, c. v. nor "'J), a fear that wholly unmans us, Dent, xxviii. 16". nor?" <$Htf, a fear taking away all hope of acceptance, Efay xli. 10. Nor this, or any of thefe fears, which melt down the fpi- nt, and make a manlefs fufility in the ponderous and mafculine nature of man : none of thefeisthe/ivjrhere. That which Mofes leffons the King to learn from the Lord's ^*Ttn\t"L Law, is ^^.?,,, which is a fear provoking to werfbip, and draw near to God •, fuch a fear tmm rtftnni,, as argues love and duty, to fear him | fo as to fear him onely, him always, fo as to caft "' """*' iHid,m down their Crowns and Scepters at his feet,and to ferve his glory With their compleat 4^l?pAm,j4 abfolutcnefs. This is the King's timtre denm, but it has an adjunct and copulation,, <"i' tl»> r»™- which makes it both appear to be what it is in truth, and to make the principle from Bemtrdus^. which it is found inafuitable effect , keep his Commandements all the days of his life,- s*. fiftr cantic. This is that which ingratiates the fear of God with God, when 'tis feen in obedience to Cantic- him, according to his declared Will,bis Law,, and that in every particular, not one, but all his Commandements •, and that not fometimes, and not at other times, but all the days of his Iff e. This is to be upright with God, as was King David, Then /halt J not be afbamed,when J have refpeft to all thy Commandements. This is nen cttrrert per man- data fad ambulare in mandatis •, to make God's glory the end of Princes Lives and Reigns. And this is to produce what in our Text follows.

Beet timtre deum effttlus eft legis, quern non confequi valet homo niji prists fciaivoluni '4- tem Dcifiu*. in lege fcripta eft.

This is well inferred from the prefurnption of its caufe ■, to write the Law, is the way to remember it • to love ir, the way to practice it ■, and to practice it, is to be what the Law here is told us to aim at, Fear God, and kjep his Commandements, fully and con- ftantly. This our Chancellour calls an effect of the Law, becaufe the Law is in God's intention, and the ordinary way of his difpenfation , thus to difpofe Kings, as it offers them the Rational and Pieligious anfwering of the end of their Power, and his Pre- fcript : for Philo makes the Law as Koy@- e«©- <aftm^ay , &c. God's declaratory of Llh De Mj™t- his will, both a* tot\hat man may ', and may net do. And therefore , inafmuch as fear Abrahami^.toi, is a poftnate of knowledge, and knowledge the means of ingenerating divine fear-, and this knowledge is conveyed to nsby the Law,according to that of the Apoftle, / had not known fin bit by the Law. Not that the Law has any efficacy , to illuminate man to