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What is a lond wher men ben none?
What ben the men whiche are al one
Withoute a kinges governance?

Hic tractat de tercia Principum regiminis Policia, que Iusticia nominata est, cuius condicio legibus incorrupta vnicuique quod suum est equo pondere distribuit.


What is a king in his ligance,
Wher that ther is no lawe in londe?
What is to take lawe on honde,
Bot if the jugges weren trewe?
These olde worldes with the newe
Who that wol take in evidence,
Ther mai he se thexperience,
What thing it is to kepe lawe,
Thurgh which the wronges ben withdrawe
And rihtwisnesse stant commended,
Wherof the regnes ben amended.
For wher the lawe mai comune
The lordes forth with the commune,
Ech hath his propre duete;
And ek the kinges realte
Of bothe his worschipe underfongeth,
To his astat as it belongeth,
Which of his hihe worthinesse
Hath to governe rihtwisnesse,
As he which schal the lawe guide.
And natheles upon som side
His pouer stant above the lawe,
To yive bothe and to witdrawe
The forfet of a mannes lif;
But thinges whiche are excessif
Ayein the lawe, he schal noght do
For love ne for hate also.
The myhtes of a king ben grete,
Bot yit a worthi king schal lete
Of wrong to don, al that he myhte;

Imperatoriam maiestatem non solum armis, set eciam legibus oportet esse armatam.


For he which schal the poeple ryhte,
It sit wel to his regalie
That he himself ferst justefie

308

Towardes god in his degre:
For his astat is elles fre
Toward alle othre in his persone,
Save only to the god al one,
Which wol himself a king chastise,
Wher that non other mai suffise.
So were it good to taken hiede
That ferst a king his oghne dede
Betwen the vertu and the vice
Redresce, and thanne of his justice
So sette in evene the balance
Towardes othre in governance,
That to the povere and to the riche
Hise lawes myhten stonde liche,
He schal excepte no persone.
Bot for he mai noght al him one
In sondri places do justice,
He schal of his real office
With wys consideracion
Ordeigne his deputacion
Of suche jugges as ben lerned,
So that his poeple be governed
Be hem that trewe ben and wise.
For if the lawe of covoitise
Be set upon a jugges hond,
Wo is the poeple of thilke lond,
For wrong mai noght himselven hyde:
Bot elles on that other side,
If lawe stonde with the riht,
The poeple is glad and stant upriht.
Wher as the lawe is resonable,
The comun poeple stant menable,
And if the lawe torne amis,
The poeple also mistorned is.
And in ensample of this matiere
Of Maximin a man mai hiere,

Nota hic de iusticia Maximini Imperatoris, qui cum alicuius prouincie custodem sibi substituere volebat, primo de sui nominis fama proclamacione facta ipsius condicionem diligencius inuestigabat.


Of Rome which was Emperour,

309

That whanne he made a governour
Be weie of substitucion
Of Province or of region,
He wolde ferst enquere his name,
And let it openly proclame
What man he were, or evel or good.
And upon that his name stod
Enclin to vertu or to vice,
So wolde he sette him in office,
Or elles putte him al aweie.
Thus hield the lawe his rihte weie,
Which fond no let of covoitise:
The world stod than upon the wise,
As be ensample thou myht rede;
And hold it in thi mynde, I rede.
In a Cronique I finde thus,
Hou that Gayus Fabricius,
Which whilom was Consul of Rome,
Be whom the lawes yede and come,

Hic ponit exemplum de iudicibus incorruptis. Et narrat qualiter Gayus Fabriciusnuper Rome Consul aurum a Sampnitibus sibi oblatum renuit, dicens quod nobilius est aurum possidentes dominio subiugare, quam ex auri cupiditate dominii libertatem amittere.


Whan the Sampnites to him broghte
A somme of gold, and him besoghte
To don hem favour in the lawe,
Toward the gold he gan him drawe,
Wherof in alle mennes lok
A part up in his hond he tok,
Which to his mouth in alle haste
He putte, it forto smelle and taste,
And to his yhe and to his Ere,
Bot he ne fond no confort there:
And thanne he gan it to despise,
And tolde unto hem in this wise:
‘I not what is with gold to thryve,
Whan non of all my wittes fyve
Fynt savour ne delit therinne.
So is it bot a nyce Sinne
Of gold to ben to covoitous;
Bot he is riche and glorious,

310

Which hath in his subjeccion
Tho men whiche in possession
Ben riche of gold, and be this skile;
For he mai aldai whan he wile,
Or be hem lieve or be hem lothe,
Justice don upon hem bothe.’
Lo, thus he seide, and with that word
He threw tofore hem on the bord
The gold out of his hond anon,
And seide hem that he wolde non:
So that he kepte his liberte
To do justice and equite,
Withoute lucre of such richesse.
Ther be nou fewe of suche, I gesse;
For it was thilke times used,
That every jugge was refused
Which was noght frend to comun riht;
Bot thei that wolden stonde upriht
For trouthe only to do justice
Preferred were in thilke office
To deme and jugge commun lawe:
Which nou, men sein, is al withdrawe.
To sette a lawe and kepe it noght
Ther is no comun profit soght;
Bot above alle natheles
The lawe, which is mad for pes,
Is good to kepe for the beste,
For that set alle men in reste.
The rihtful Emperour Conrade
To kepe pes such lawe made,

Hic narrat de iusticia nuper Conradi Imperatoris, cuius tempore alicuius reuerencia persone, aliqua seu precum interuencione quacunque vel auri redempcione, legum Statuta commutari seu redimi nullatenus potuerunt.

That non withinne the cite

In destorbance of unite
Dorste ones moeven a matiere.
For in his time, as thou myht hiere,
What point that was for lawe set
It scholde for no gold be let,
To what persone that it were.

311

And this broghte in the comun fere,
Why every man the lawe dradde,
For ther was non which favour hadde.
So as these olde bokes sein,
I finde write hou a Romein,
Which Consul was of the Pretoire,

Nota exemplum de constancia iudicis; vbi narrat de Carmidotiro Rome nuper Consule, qui cum sui statuti legem nescius offendisset, Romanique super hoc penam sibi remittere voluissent, ipsc propria manu, vbi nullus alius in ipsum vindex fuit, sui criminis vindictam executus est.


Whos name was Carmidotoire,
He sette a lawe for the pes,
That non, bot he be wepneles,
Schal come into the conseil hous,
And elles as malicious
He schal ben of the lawe ded.
To that statut and to that red
Acorden alle it schal be so,
For certein cause which was tho:
Nou lest what fell therafter sone.
This Consul hadde forto done,
And was into the feldes ride;
And thei him hadden longe abide,
That lordes of the conseil were,
And for him sende, and he cam there
With swerd begert, and hath foryete,
Til he was in the conseil sete.
Was non of hem that made speche,
Til he himself it wolde seche,
And fond out the defalte himselve;
And thanne he seide unto the tuelve,
Whiche of the Senat weren wise,
‘I have deserved the juise,
In haste that it were do.’
And thei him seiden alle no;
For wel thei wiste it was no vice,
Whan he ne thoghte no malice,
Bot onliche of a litel slouthe:
And thus thei leften as for routhe

312

To do justice upon his gilt,
For that he scholde noght be spilt.
And whanne he sih the maner hou
Thei wolde him save, he made avou
With manfull herte, and thus he seide,
That Rome scholde nevere abreide
His heires, whan he were of dawe,
That here Ancestre brak the lawe.
Forthi, er that thei weren war,
Forth with the same swerd he bar
The statut of his lawe he kepte,
So that al Rome his deth bewepte.
In other place also I rede,
Wher that a jugge his oghne dede

Nota quod falsi iudices mortis pena puniendi sunt. Narrat enim qualiter Cambises Rex Persarum quendam iudicem corruptum excoriari viuum fecit, eiusque pelle cathedram iudicialem operiri constituit: ita quod filius suus super patris pellem postea pro tribunali cessurus iudicii equitatem euidencius memoraretur.

Ne wol noght venge of lawe broke,

The king it hath himselven wroke.
The grete king which Cambises
Was hote, a jugge laweles
He fond, and into remembrance
He dede upon him such vengance:
Out of his skyn he was beflain
Al quyk, and in that wise slain,
So that his skyn was schape al meete,
And nayled on the same seete
Wher that his Sone scholde sitte.
Avise him, if he wolde flitte
The lawe for the coveitise,
Ther sih he redi his juise.
Thus in defalte of other jugge
The king mot otherwhile jugge,
To holden up the rihte lawe.
And forto speke of tholde dawe,
To take ensample of that was tho,
I finde a tale write also,
Hou that a worthi prince is holde
The lawes of his lond to holde,
Ferst for the hihe goddes sake,
And ek for that him is betake

313

The poeple forto guide and lede,
Which is the charge of his kinghede.
In a Cronique I rede thus
Of the rihtful Ligurgius,
Which of Athenis Prince was,

Hic ponit exemplum de Principibus illis, qui non solum legem statuentes illam conseruant, set vt commune bonum adaugeant, propriam facultatem diminuunt. Et narrat quod, cum Ligurgius Athenarum princeps subditos suos in omni prosperitatis habundancia divites et vnanimes congruis legibus stare fecisset, volens ad vtilitatem rei publice leges illas firmius obseruari, peregre proficisci se finxit; set prius iuramentum solempne a legiis suis sub hac forma exegit, quod ipsi vsque in reditum suum leges suas nullatenus infringerent: quibus iuratis peregrinacionem suam in exilium absque reditu pro perpetuo delegauit.


Hou he the lawe in every cas,
Wherof he scholde his poeple reule,
Hath set upon so good a reule,
In al this world that cite non
Of lawe was so wel begon
Forth with the trouthe of governance.
Ther was among hem no distance,
Bot every man hath his encress;
Ther was withoute werre pes,
Withoute envie love stod;
Richesse upon the comun good
And noght upon the singuler
Ordeigned was, and the pouer
Of hem that weren in astat
Was sauf: wherof upon debat
Ther stod nothing, so that in reste
Mihte every man his herte reste.
And whan this noble rihtful king
Sih hou it ferde of al this thing,
Wherof the poeple stod in ese,
He, which for evere wolde plese
The hihe god, whos thonk he soghte,
A wonder thing thanne him bethoghte,
And schop if that it myhte be,
Hou that his lawe in the cite
Mihte afterward for evere laste.
And therupon his wit he caste
What thing him were best to feigne,
That he his pourpos myhte atteigne.
A Parlement and thus he sette,
His wisdom wher that he besette
In audience of grete and smale,

314

And in this wise he tolde his tale:
‘God wot, and so ye witen alle,
Hierafterward hou so it falle,
Yit into now my will hath be
To do justice and equite
In forthringe of comun profit;
Such hath ben evere my delit.
Bot of o thing I am beknowe,
The which mi will is that ye knowe:
The lawe which I tok on honde,
Was altogedre of goddes sonde
And nothing of myn oghne wit;
So mot it nede endure yit,
And schal do lengere, if ye wile.
For I wol telle you the skile;
The god Mercurius and no man
He hath me tawht al that I can
Of suche lawes as I made,
Wherof that ye ben alle glade;
It was the god and nothing I,
Which dede al this, and nou forthi
He hath comanded of his grace
That I schal come into a place
Which is forein out in an yle,
Wher I mot tarie for a while,
With him to speke, as he hath bede.
For as he seith, in thilke stede
He schal me suche thinges telle,
That evere, whyl the world schal duelle,
Athenis schal the betre fare.
Bot ferst, er that I thider fare,
For that I wolde that mi lawe
Amonges you ne be withdrawe
Ther whyles that I schal ben oute,
Forthi to setten out of doute
Bothe you and me, this wol I preie,
That ye me wolde assure and seie
With such an oth as I wol take,

315

That ech of you schal undertake
Mi lawes forto kepe and holde.’
Thei seiden alle that thei wolde,
And therupon thei swore here oth,
That fro the time that he goth,
Til he to hem be come ayein,
Thei scholde hise lawes wel and plein
In every point kepe and fulfille.
Thus hath Ligurgius his wille,
And tok his leve and forth he wente.
Bot lest nou wel to what entente
Of rihtwisnesse he dede so:
For after that he was ago,
He schop him nevere to be founde;
So that Athenis, which was bounde,
Nevere after scholde be relessed,
Ne thilke goode lawe cessed,
Which was for comun profit set.
And in this wise he hath it knet;
He, which the comun profit soghte,
The king, his oghne astat ne roghte;
To do profit to the comune,
He tok of exil the fortune,
And lefte of Prince thilke office
Only for love and for justice,
Thurgh which he thoghte, if that he myhte,
For evere after his deth to rihte
The cite which was him betake.
Wherof men oghte ensample take
The goode lawes to avance
With hem which under governance
The lawes have forto kepe;
For who that wolde take kepe
Of hem that ferst the lawes founde,
Als fer as lasteth eny bounde
Of lond, here names yit ben knowe:
And if it like thee to knowe

316

Some of here names hou thei stonde,
Nou herkne and thou schalt understonde.
Of every bienfet the merite
The god himself it wol aquite;

Hic ad eorum laudem, qui iusticie causa leges primo statuerunt, aliquorum nomina specialius commemorat.

And ek fulofte it falleth so,

The world it wole aquite also,
Bot that mai noght ben evene liche:
The god he yifth the heveneriche,
The world yifth only bot a name,
Which stant upon the goode fame
Of hem that don the goode dede.
And in this wise double mede
Resceiven thei that don wel hiere;
Wherof if that thee list to hiere
After the fame as it is blowe,
Ther myht thou wel the sothe knowe,
Hou thilke honeste besinesse
Of hem that ferst for rihtwisnesse
Among the men the lawes made,
Mai nevere upon this erthe fade.
For evere, whil ther is a tunge,
Here name schal be rad and sunge
And holde in the Cronique write;
So that the men it scholden wite,
To speke good, as thei wel oghten,
Of hem that ferst the lawes soghten
In forthringe of the worldes pes.
Unto thebreus was Moïses
The ferste, and to thegipciens
Mercurius, and to Troiens
Ferst was Neuma Pompilius,
To Athenes Ligurgius
Yaf ferst the lawe, and to Gregois
Foroneüs hath thilke vois,
And Romulus to the Romeins.
For suche men that ben vileins
The lawe in such a wise ordeigneth,
That what man to the lawe pleigneth,

317

Be so the jugge stonde upriht,
He schal be served of his riht.
And so ferforth it is befalle
That lawe is come among ous alle:
God lieve it mote wel ben holde,
As every king therto is holde;
For thing which is of kinges set,
With kinges oghte it noght be let.
What king of lawe takth no kepe,
Be lawe he mai no regne kepe.
Do lawe awey, what is a king?
Wher is the riht of eny thing,
If that ther be no lawe in londe?
This oghte a king wel understonde,
As he which is to lawe swore,
That if the lawe be forbore
Withouten execucioun,
It makth a lond torne up so doun,
Which is unto the king a sclandre.
Forthi unto king Alisandre
The wise Philosophre bad,
That he himselve ferst be lad
Of lawe, and forth thanne overal
So do justice in general,
That al the wyde lond aboute
The justice of his lawe doute,
And thanne schal he stonde in reste.
For therto lawe is on the beste
Above alle other erthly thing,
To make a liege drede his king.
Bot hou a king schal gete him love
Toward the hihe god above,
And ek among the men in erthe,
This nexte point, which is the ferthe
Of Aristotles lore, it techeth:
Wherof who that the Scole secheth,
What Policie that it is
The bok reherceth after this.