The fourteenth Chapter. Of the office of Magistrates, especially in exercising of Iudgement.
PRinces for the most part in the time of great quietnesse, 1 as though they had made an end of their labors, vse to giue themselues to sportes and to pleasures. For so Alexander, when he had ouercome Darius, was made féeble through riotousnesse. But farre otherwise did Dauid behaue himselfe. For he thought it not ynough to haue conquered his enemie: but thought that the priuate euils and iniuries at home belonged also to his office: 2 since that a publike weale is corrupted, euen as is a humane bodie, not onely by outward discommodities, but also by inward euils, as it were by certaine noysome humors. Yea, and such ought to be the ende of warre, that peace among Citizens and domesticall discipline maie be established. 3 And therefore Iustinian in the Preface vppon the Institutions of the Ciuill lawe: The Maiestie of the Emperour (saieth he) ought not onely to be adorned with armes, but also armed by lawes, that eache time, aswell of warre as of peace may be rightly gouerned, and that the Romane prince may not onely be conquerour of his enemies in battailes, but also by right course expell the lewdnes of malicious detractours, and that he may become aswell most religious for the lawe as triumphant ouer his enemies. And the law is, not mans opinion (as some haue foolishly thought) but an euerlasting precept procéeding from nature being the guide, and from the lawe. And that which is here spoken as touching nature, that doe wee much more truely vnderstand of God himselfe, the authour of nature. For that which GOD hath set downe ought to be a lawe vnto vs. And that lawe men doe oftentimes vnderstand by some light of nature, and (as Cicero saieth) by a long experience of affaires, and gouernment of common weales. For things being in such sort marked of wise men, committed to writing, and declared in their kinds and distributed in their parts become at the last a certaine Art, or else some similitude of an Art. Vlpian in the Digestes, in the Title De Iure & legibus, saieth that Ius, that is, right, is so called of Iusticia, that is, Iustice. This agréeth not with the Grammarians. For they affirme that the word Ius is absolute, & that that onely is iust, which is doone Iure, that is, by law or right; so as they think that Iusticia is deriued of Ius, but not Ius of Iusticia. But these things I passe ouer. This is certaine, that that thing is first which expresseth any thing: and the next is that which executeth and worketh that which is expounded. That did Aristotle cal ⟨…⟩, which is a remedying of iniurie. Then followeth a certaine habite & pronenesse of doing whatsoeuer is expressed. This may hereby also be prooued, 4 that in all Artes there is first a matter to be wrought vpon, then a science. For number is first before Arithmetick, and song before musicke, and euerie thing that may be knowen, before knowledge thereof. Wherefore right goeth before iustice. For ⟨…⟩, which is righteousnes, is as it were ⟨…⟩, y t is, the in being of right. I knowe there bee some which defend Vlpian, and say that he considered not the verie nature of things in themselues, but so as it is brought forth and breaketh out into Act. But how soeuer it be, the matter is not of great weight. A Prince ought to take speciall héede that he minister iustice, and that he doe it with a good minde and iustly. 5 For it is not sufficient that some good thing be doone, vnlesse the same also be doone well. And this who so doe, Vlpianus saieth they may be called Priests. For they be Priests and presidents of the lawes. And lawes be holy things; as it is in the Code De Legibus, in y e lawe Legis. Wherefore to giue sentence, and to speake law, is a holy thing. That sentence which is written: namely that Dauid did execute iustice and iudgeme~t, 6 some do so expound it, as they vnderstand, that he did not pronounce al things out of the written law, but euen much according to equitie and reason: sith that also is to doe iustice. But for equitie and reason there is no place, except where nothing is prouided for by the lawes: that is, where neither reward of well doing, nor punishment for wicked actes is expressely appointed. And it is specially to be noted, which is added, namely To all the people. For that betokeneth y t he did execute iudgement sincerely and truely, without respect of persons. And this is it so to beare rule as thou maiest be a helpe to the people. Salomon in his prouerbes: 7 By iustice (saieth he) shall the kings seate be established for euer. Contrariwise, Tyrants because of their iniquitie shal soone be taken away. Howbeit to execute iustice is manifolde and hath many parts. 8 For it behooueth both paciently to heare, wisely to know, vprightly to giue sentence, and couragiously to doe execution: Considering that many doe oftentimes iudge rightly: but yet for want of courage they onely haue their sentence in papers. Wee must take héede that the guiltie be punished, that discipline be established, that good lawes doe florish, that good manners may be preserued. This vertue is most profitable, not onely in peace but also in warre. These things ought a Prince specially to doe. For he should be as it were a certaine liuing lawe. But contrariwise they doe wickedly which thinke that the iudgement of causes doe nothing at all pertaine vnto their office. Such was Anthonius Caracalla, who woulde neuer giue iudgement. And vnto Adrian when he excused him selfe that he was not at leasure to helpe a poore woman, it was answered: Then I would not haue thee to beare rule.