be clyppe and enbrace me/ In that she is sette on his lyfte syde is by grace gyuen to the kynge by nature and of ryght. For better is to haue a kynge by succession than by election/ For oftentymes the electours and chosers can not ne wyll not accorde/ And so is the election left/ And otherwhyle they chese not the beste and most able and conuenyent/ but hym that they best loue/ or is for them most proffytable/ But whan the kynge is by lignage and by trewe succession/ he is taught enseygned and nourrishid in his yongth in alle good & vertuous tacches and maners of hys fader/ And also the prynces of the royame dar not so hardily mene warre agaynst a kynge hauynge a sone for to regne after hym And so a Quene ought to be chaste. wyse. of honest peple/ well manerd and not curyous in nourisshynge of her children/ her wyfedom ought not only tappere in feet and werkes but also in spekynge that is to wete that she be secrete and telle not suche thynges as ought to be holden secrete/ Wherfore it is a comyn prouerbe that women can kepe no counceyle And accordyng therto Macrobe reherceth in the book of the dremes of Scipio. That ther was a child of rome that was named papirus that on a tyme went with his fader whiche was a senatour into the chambre where as they helde their counceyll And that tyme they spak of suche maters as was comanded and agreed shold be kept secrete upon payn of their heedes And so departed And whan he was comen home from the senatoire and fro the counceyll with his fader/ his moder demanded of hym what was the counceyll and wherof they spack and had taryed so longe there And the childe answerd to her and sayd he durst not telle ner saye hit for so moche as hit was defended upon payn of deth Than was the moder more desirous to knowe than she was to fore/ And began to flatere hym one tyme And afterward to menace hym that he shold saye and telle to her what hit was And whan the childe sawe that he might haue no reste of his moder in no wife He made her first promise that she shold kepe hit secrete And to telle hit to none of the world/ And that doon/ he fayned a lesing or a lye and sayd to her/ that the senatours had in counceyll a grete question and difference whiche was this/ whether hit were better and more for the comyn wele of rome/ that a man shold have two wyuys/ or a wyf to haue two husbondes/ And whan she had understonde this/ he defended her that she shold telle hit to none other body And after this she wente to her gossyb and told to her this counceyll secretly/ And she told to an other/ And thus euery wyf tolde hit to other in secrete And thus hit happend anone after that alle the wyues of rome cam to the senatorye where the senatours were assemblid/ And cryed wyth an hye voys/ that they had leuer/ and also hit were better for the comyn wele that a wyf shold haue two husbondes than a man two wyues/ The senatours heerynge this. were gretly abasshid and wist not what to saye/ ner how to answere/ tyll at laste that the child papire reherced to them all the caas and feet how hit was happend And whan the senatours herd & understood the mater they were gretly abasshid/ and comended gretly y'e Ingenye & wytte of the child that so wisely contriued the lye rather than he wolde discouere their co[=u]ceyll/ And forthwith made hym a senatour/ and establisshid & ordeyned fro than forthon that no childe in ony wise sholl entre in to y'e counceyll hous amonge them with their faders exept papirus/ whome they wold y't he shold alwey be among them/ also a quene ought to be chaste/ for as she is aboue all other in astate & reuer[=e]ce so shold she be ensample to all other in her liuyng honestly/ wherof Ierome reherceth agaynst Ionynyan/ that ther was a gentilman of rome named duele/ and this man was he y't first fond y'e maner to fight on y'e water/ and had first victorie/ this duele had to his wif one of the best women & so chaste/ that euery woman might take ensample of her/ And at y't tyme the synne of the flesshe was the grettest synne y't ony might doo agaynst nature/ And this sayd good woman was named ylye/ and so it happend that this duele becam so olde that he stowped & quaqued for age And on a tyme one of his aduersaries repreuyd & reprochid hym sayng that he had a stynkynge breth/ And forthwyth he wente home to his wyf alle angry and abasshid and axid her why and wherfore she had not told his defaulte to hym that he myght haue founden remedye to haue ben purgid therof/ And she answerd that as for as moche as she supposid that euery man had that same faute as well as he. For she kyst neuer ony mannes mouth but her husbondes/ O moche was this woman to be preysed & haue a singuler lawde wenynge that this defaulte had not ben only in her husbonde/ wherfore she suffrid hit paciently in suche wyse that her husbonde knewe his defaute sonner by other than by her/ Also we rede that ther was a wedowe named anna/ whiche had a frende that counceyllid her to marye/ For she was yong fayr and riche/ to whom she answerd that she wold not so doo in no wise For yf I shold haue an husbond as I haue had and that he were as good as he was/ I shold euer ben a ferd to lose hym/ lyke as I lost that other/ And than shold I lyue all wey in fere & drede/ whiche I wyll not And yf hit happend me to haue awors/ what shold hyt prouffite me to haue an euyll husbond after a good. And so she concluded that she wold kepe her chastete. Saynt Austyn reherceth in the book de Civitate dei that in rome was a noble lady gentill of maners & of hyghe kynrede named lucrecia/ And had an husbonde named colatyne/ whiche desired on a tyme the Emþours sone named Torquyne thorguyllous or the proude and he was callid sixte for to come dyne and sporte hym in his castell or manoir And whan he was entrid amonge many noble ladyes he sawe lucrecia/ And whan this Emþours sone had seen & aduertised her deportes. her contenance. her manere. and her beaulte/ he was all rauysshid and esprised wyth her loue forthwyth And espyed a tyme whan her husbonde collatyn wente unto the ooste of themþour/ and camm to the place where as lucresse was with her felawship/ whom she receyuyd honorably/ and whan tyme came to goo to bedde and slepe she made redy a bedde ryally for hym as hit apperteyned to the emperours sone And this sixtus espyed where lucresia laye. And whan he supposyd & knewe that euery body was in his first sleep/ he cam to the bedde of lucresse and that oon hand sette on her breste and in that other hand a naked swerd/ and sayd to her/ lucresse holde thy pees and crye not/ For I am sixte tarquynus sone/ for yf y'u speke ony worde thou shalt be dede/ And for fere she held her pees/ Than he began to praye and promise many thinges And after he menaced & thretenyd her that she shold enclyne to hym to do his wyll/ And whan he sawe he coude ner might haue his entent he sayd to her yf thou do not my wyll/ I shall slee the and o[=o]n of thy seruantes and shall leye hym all ded by thy syde And than I shall saye that I haue slayn yow for your rybawdrye/ And lucresse that than doubted more the shame of the world than the deth consentid to hym/ And anone after as the Emþours sone was departid/ the ladye sente l*res to her husbond her fader her brethern & to her frendes/ and to a man callid brute conceyllour & neuewe to tarquyn/ And sayd to them/ that yesterday sixte the emp*ours sone cam in to myn hous as an enemye in likenes of a frende/ & hath oppressid me And knowe y'u colatyn that he hath dishonorid thy bedde And how well y't he hath fowled & dishonored my body/ yet myn herte is not/ wherfore I beseche the of pardon foryfnes & absolucion of the trespas but not of the payne/ and he y't hath doon this synne to me hit shall ben to his meschance yf y'e doo your deuoir/ And be cause no woman take ensample of lucresse and lyue after the trespaas/ but that she in lyke wyse take ensample also of the payne And forthwyth wyth a swerd that she helde under her gowen or robe/ she roof her self unto the herte And deyde forthwyth to fore them/ And than brute the counseillr And her husbond collatyn and alle her other frendes swore by the blood of lucresse that they wold neuer reste vnto the tyme that they had put out of rome tarquyn and and alle his lignee/ And that neuer after none of them shold come to dignite/ And alle this was doon. For they bare the dede corps thurgh the cyte and meuyd the peple in suche wyse/ that tarquyn was put in exyle And fixte his sone was slayn/ A Quene ought to be well manerd & amonge alle she ought to be tumerous and shamefast/ For whan a woman hath loste shamefastnes/ she may ner can not well be chaast/ Wherfore saith symachus that they that ben not shamefast haue no conscience of luxurye/ And saynt Ambrose saith that oon of the best parements and maketh a woman most fayr in her persone/ is to be shamefast/ Senecque reherceth that ther was oon named Archezille whiche was so shamefast That she put in a pelow of fethers a certain some of money/ and put hit vnder y'e heed of a pour frende of heeris/ whiche dissimyled his pouerte and wold not ner durst not be a knowen of his pouerte For for shame she durst not gyue hit openly/ but had leuer that he shold fynde hit/ than that she had gyuen hit hym/ Wherfore otherwhile men shold gyue & helpe her frendes so secretly That they knowe not whens hit come/ For whan we kepe hit secret and make no boost therof/ our deedes and werkes shall plese god and them also/ A Quene ought to be chosen whan she shall be wedded of the most honest kynrede and peple/ For oftentymes the doughters folowen the tacches and maners of them that they ben discended from/ Wherof Valerius maximus sayth that ther was one that wold marye/ whiche cam to a philosopher and axid counceyll what wif he might best take He answerd that he shold take her that thou knowe certaynly that her moder and her grauntdame haue ben chaast and well condicioned/ For suche moder/ suche doughter comunely/ Alfo a quene ought to teche her childern to ben contynent and kepe chastite entyerly/ as hit is wreton in ecclesiastes/ yf thou haue sones enseigne and teche them/ And yf thou haue doughters kepe well them in chastite/ For helemonde reherceth that euery kynge & prynce ought to be a clerke for to comande to other to studye and rede the lawe of our lord god/ And therfore wrote themperour to the kynge of france that he shold doo lerne hys children sones the seuen sciences lyberall/ And saide amonge other thynges that a kynge not lettryd resembleth an asse coroned/ Themperour Octauian maad his sones to be taught and lerne to swyme. to sprynge and lepe. to Iufte. to playe wyth the axe and swerde/ And alle maner thynge that apperteyneth to a knyght/ And his doughters he made hem to lerne. to sewe. to spynne. to laboure as well in wolle as in lynnen cloth/ And alle other werkis longynge to women And whan his frendes demanded wherfore he dyde so/ he answerd how well that he was lord & syre of alle the world/ yet wyste he not what shold befalle of his children and whether they shold falle or come to pouerte or noo/ and therfore yf they conne a good crafte they maye alleway lyue honestly/ The Quene ought to kepe her doughters in alle chastyte/ For we rede of many maydens that for theyr virginite haue ben made quenes/ For poule the historiagraph of the lombardes reherceth y't ther was a duchesse named remonde whiche had .iii. sones & two doughters And hit happend that the kynge of hongrye cantanus assaylled a castell where she behelde her enemyes And amonge all other she sawe the kynge that he was a well faryng and goodly man/ Anone she was esprised and taken wyth his loue/ And that so sore/ that forthwith she sent to hym that she wold deliuere ouer the castell to hym yf he wold take her to his wyf and wedde her And he agreed therto/ and sware that he wold haue her to his wyf on that condicion/ whan than the kynge was in the castell/ his peple toke men and women and alle that they fonde/ her sones fledde from her/ of whom one was named Ermoaldus and was yongest/ and after was duc of boneuentan/ And syn kynge of the lumbardis. And the two susters toke chikens And put hem vnder her armes next the flessh and bytwene her pappes/ that of the heete & chaffyng the flessh of the chikens stanke. And whan so was that they of hongrye wold haue enforcid & defowled hem anone they felte the stenche and fledde away and so lefte hem sayng/ fy how these lombardes stynke/ and so they kept their virginite/ wherfore that one of them afterward was Quene of france And that other Quene of Aleman/ And hit happend than that the kynge Catanus toke acordynge to his promyse the duchesse/ and laye with her one night for to saue his oth And on the morn he made her comune unto alle the hongres/ And the thirde day after he dyde doo put a staf of tre fro the nether part of her/ thurgh her body vnto her throte or mouthe/ for be cause of the lust of her flessh she betrayed her cyte and sayd suche husbond/ suche wyf &c And this sufficeth of the Quene.
[The thirde chapitre of the seconde tractate treteth of the alphyns her offices and maners.]
The Alphyns ought to be made and formed in manere of Iuges syttynge in a chayer wyth a book open to fore their eyen/ And that is be cause that some causes ben crymynell/ And some ben cyuyle as aboute possessyons and other temporell thynges and trespaces/ And therfore ought to be two Iuges in the royame/ one in the black for the first cause/ And that other in whyte as for the seconde/ Theyr office is for to counceyll the kynge/ And to make by his comandements good lawes And to enforme alle the royame in good and vertuous maners/ And to Iuge and gyue sentence well and truly after the caas is had/ And to counceyll well and Iustely alle them that are counceyll of hem/ wyth oute hauynge of ony eye opene to ony persone/ And to estudye diligently in suche wyse and to ordeygne alle that/ that ought to be kept be obseruyd be faste and stable/ So that they be not founde corrupt for yeft for favour ne for lignage ne for enuye variable And as touchynge the first poynt Seneque sayth in the book of benefetes that the poure Dyogenes was more stronge than Alixandre/ For Alixandre coude not gyue fo moche as Diogenes wold reffuse.
Marcus cursus a romayn of grete renome sayth thus. That whan he had besiegid & assayllyd them of amente And boneuentans whiche herde that he was poure/ they toke a grete masse and wegghe of gold and ended hit to hym prayng hym that he wold resseyue hyt and leue his assault and siege/ And whan they cam with the present to hym they fonde hym sittynge on the erthe and ete his mete oute of platers and disshes of tree and of wode and dyde than her message/ to whom he answerd and sayde that they shold goo hoome and saye to them that sente hem that marcus cursus loueth better to be lord and wynne richesses than richesses shold wynne hym/ For by bataylle he shall not be ouercome and vaynquysshid Nor be gold ne siluer he shal not be corrupt ne corompid Often tymes that thynge taketh an euyll ende that is vntrewe for gold and siluer/ And that a man is subgett vnto money may not be lord therof/ helimond reherceth that [50] demoncene demanded of aristodone how moche he had wonne for pletynge of a cause for his clyent/ And he answerd a marck of gold. [51] Demoscenes answerd to hym agayn that he had wonne as moche for to hold his pees and speke not Thus the tonges of aduocates and men of lawe ben þyllous and domegeable/yet they must be had yf thou wylt wynne thy cause for wyth money and yeft thou shall wynne And oftetymes they selle as welle theyr scilence/ as theyr vtterance/ Valerius reherceth that the senatours of rome toke counceyll to geder of two persones that one was poure/ And that other riche and couetous/ whiche of hem bothe were moft apte for to sende to gouerne and Iuge the contre of spayne/ and scipion of affricque sayd that none of them bothe were good ner prouffitable to be sente theder/ For that one hath no thynge And to that other may nothynge suffise And despised in his saynge alle pouerte and auerice in a Iuge/ For a couetous man hath nede of an halfpeny For he is seruant & bonde vnto money/ and not lord therof. But pouerte of herte & of wylle ought to be gretly alowed in a Iuge Therfore we rede that as longe as the romayns louyd pouerte they were lordes of all the world For many ther were that exposed alle their goodes for the comyn wele and for that was most prouffitable for the comynaulte that they were so poure that whan they were dede they were buryed & brought to erthe with the comyn good/ And theyr doughters were maryed by the comandement of the senatours/ But syn that they despised pouerte/ And begonne to gadre rychesses/ And haue maad grete bataylles/ they haue vsed many synnes And so the comyn wele perysshid/ For there is no synne but that it regneth there/ Ther is none that is so [52] synfull as he that hath alle the world in despyte/ For he is in pees that dredeth no man/ And he is ryche that coueyteth no thynge/ Valere reherceth that he is not ryche that moche hath/ But he is ryche that hath lytyll and coueyteth no thynge/ Than thus late the Iuges take hede that they enclyne not for loue or for hate in ony Iugement/ For theophrast saith that alle loue is blynde ther loue is/ ther can not ryght Iugement by guyen/ For alle loue is blynde And therfore loue is none euyn Iuge For ofte tymes loue Iugeth a fowll & lothly woman to be fayr And so reherceth quynte curse in his first book that the grete Godaches sayth the same to Alixandre men may saye in this caas that nature is euyll For euery man is lasse auysed and worse in is owne feet and cause than in an other mans/ And therfore the Iuges ought to kepe hem well from yre in Iugement/ Tullius sayth that an angry & yrous þsone weneth that for to doo euyll/ is good counceyll/ and socrates saith y't .ii. thinges ben contraryous to co[=u]ceyll/ and they ben haftynes & wrath/ and Galeren sayth in Alexandrye/ yf yre or wrath ouercome the whan thou sholdest gyue Iugement/ weye all thinge in y'e balance so that thy Iugement be not enclyned by loue ne by yeste/ ne fauour of persone torne not thy corage. Helemond reherceth that Cambyses kynge of perse whiche was a rightwys kynge had an vnrightwys Iuge/ whiche for enuye and euyll will had dampned a man wrongfully and agaynst right/ wherfore he dide hym to be flain all quyk/ and made the chayer or fiege of Iugement to be couerid wyth his skyn/ And made his sone Iuge and to sitte in the chayer on the skyn of his fader/ to thende that the sone shold Iuge rightwysly/ And abhorre the Iugement & payne of his fader/ Iuges ought to punysshe the defaultes egally And fullfille the lawe that they ordeyne/ Caton sayth accomplisshe and do the lawe in suche wyse as thou hast ordeyned and gyuen. Valerius reherceth that calengius a consull had a sone whiche was taken in adwultrye. And therfore after the lawe at that tyme he was dampned to lose bothe his eyen The fader wold y't the lawe shold be acc[=o]plisshid in his sone with out fauour/ but all the cyte was meuyd herewyth And wold not suffre hit/ but in the ende his fader was vaynquysshid by theyr prayers/ And ordeyned that his sone shold lese oon eye whiche was put oute And he hymself lost an other eye/ And thus was the lawe obserued and kept/ And the prayer of the peple was accomplisshid We rede y't ther was a counceyllour of rome that had gyen counceill to make a statute/ that who some euer that entrid in to the senatoire/ & a swerd gyrt aboute hym shold be ded/ Than hit happend on a tyme that he cam from with out and entrid in to the senatoyre & his swerd gyrt aboute hym/ wherof he took n[=o]n heede/ and [=o]n of the senatours told hym of hit/ and whan he knewe hit & remembrid the statute/ he drewe oute his swerd & slewe hymself to fore them/ rather to dye than to breke the lawe/ for whos deth all the senatours made grete sorowe/ but alas we fynde not many in thise dayes that soo doo/ but they doo lyke as anastasius saith that the lawes of some ben lyke vnto the nettis of spyncoppis that take no grete bestes & fowles but lete goo & flee thurgh. But they take flyes & gnattes & suche smale thynges/ In lyke wise the lawes now a dayes ben not executed but vpon the poure peple/ the grete and riche breke hit & goo thurgh with all And for this cause sourden bataylles & discordes/ and make y'e grete & riche men to take by force and strengthe lordshippis & seignouries vpon the smale & poure peple/ And this doon they specially that ben gentill of lignage & poure of goodes And causeth them to robbe and reue And yet constrayned them by force to serue them And this is no meruayll/ for they that drede not to angre god/ ner to breke the lawe and to false hit/ Falle often tymes by force in moche cursednes and wikkidnes/ but whan the grete peple doo acordinge to the lawe/ and punysh the tr[=a]nsgressours sharply The comyn peple abstayne and withdrawe hem fro dooyng of euyll/ and chastiseth hem self by theyr example/ And the Iuges ought to entende for to studie/ for y't yf smythes the carp[=e]ntiers y'e vignours and other craftymen saye that it is most necessarye to studye for the comyn prouffit And gloryfye them in their connyng and saye that they ben prouffitable Than shold the Iuges studie and contemplaire moche more than they in that/ that shold be for the comyn wele/ wherfore sayth seneke beleue me that they seme that they do no thynge they doo more than they that laboure For they doo spirytuell and also corporall werkis/ and therfore amonge Artificers ther is no plesant reste/ But that reson of the Iuges hath maad and ordeyned hit/ And therfore angelius in libro actiui atticatorum de socrate sayth That socrates was on a tyme so pensyf that in an hole naturell daye/ He helde one estate that he ne meuyd mouth ne eye ne foote ne hand but was as he had ben ded rauyshyd. And whan one demanded hym wherfore he was fo pensyf/ he answerd in alle worldly thynges and labours of the fame And helde hym bourgoys and cytezeyn of the world And valerius reherceth that carnardes a knyght was so age wye and laborous in pensifnes of the comyn wele/ that whan he was sette at table for to ete/ he forgate to put his hande vnto the mete to fede hymself. And therfore his wys y't was named mellye whom he had taken more to haue her companye & felawship than for ony other thynge/ Fedde hym to thende that he shold not dye for honger in his pensifnes/ Dydymus sayd to Alix-andrie we ben not deynseyns in the world but stra[=u]gers/ ner we ben not born in the world for to dwell and abyde allway therein/ but for to goo and passe thurgh hit/ we haue doon noon euy dede/ but that it is worthy to be punysshid and we to suffre payne therfore And than we may goon with opon face and good conscience And so may we goo lightly and appertly the way that we hope and purpose to goo This suffiseth as for the Alphyns.