§ 1. There are two altogether most salutary laws, the neglect of which has often afflicted the state.
The first is: Let no one be employed in any office, however slight, in which there is honor and dignity, unless there is hope that he will be fit for greater dignities; above all, let him not be admitted to the court and society of the Prince. For in truth those who, induced by favor or a price, admit wicked, imprudent, or pusillanimous men to the beginnings of governing the state expose themselves, others, and those very men to great evils. For they either proceed to adorn and advance them with injury to the state, or leave them in their own place. The former is opposed to the common good; the latter renders them enemies. For when they perceive younger men, and therefore their subordinates, preferred to themselves, forgetting all benefits, they think of revenge, for which they have some opportunity as sharers in power and conscious of secrets. Next, the hope of rising makes men diligent and faithful in office; this hope does not exist in those who cannot rise. Third, an unprofitable crowd—especially in the courts of Kings—cannot better be avoided. For if no one is admitted to private services except one to whom some part of the state can be entrusted for government, the constitution of the kingdom will be most excellent, for there will be an abundance of the best Governors. Such was the assembly of aged Counselors in David’s time; such were the Tribunes and Centurions of Philip of Macedon, from whom so many Kings arose.
Furthermore, it is a most ancient practice for the familiars of Princes to be sent from the palace to govern provinces. Daniel’s companions were appointed over the works of Babylon, Daniel 3. But they had been educated to stand before the King, Daniel 1. In this matter it is proper to marvel at such skillful care in the King of Babylon for educating the youth who were to be brought to the helm. Behold, that King who devastated the world, at Daniel 1:3, seeks men among the sons of his enemies:
And the King said to Ashpenaz, chief of the eunuchs, that he should bring in some of the sons of Israel and of the royal seed and of the rulers: boys in whom there was no blemish, comely in form, instructed in all wisdom, cautious in knowledge and taught in learning, and who could stand in the King’s palace, that he might teach them the letters and language of the Chaldeans.
They were chosen for the dignity of manly form and talent; for the Hebrew calls them משכילים, understanding and intelligent; next, cautious in knowledge, ידעי דעת, knowing knowledge, γινώσκοντες γνῶσιν. Third, διανοούμενοι φρόνιμοι, endowed with prudence; and φρόνησις τῶν πρακτῶν is dexterity and knowledge concerning things that must be done.
For these men the King appointed at verse 5 a daily allowance from his own foods and from the wine which he himself drank, so that, after being nourished for three years, they might afterward stand in the presence of the King.
A barbarian King orders talents gathered from the whole kingdom to be cultivated, so that none but prudent and learned men may stand in his presence; meanwhile, the courts of certain Christian Princes are corrupters both of affairs and of morals. That custom was retained among the Persians, 1 Ezra 4:14: “But we, mindful of the salt which we eat in the Palace.” The Princes beyond the Euphrates, therefore, had come from the Royal court, and for that reason considered themselves more deeply obligated. The Romans acted much more prudently, if we consider their first institutions—for afterward the dissolute people itself sinned. They wished no one to command in the provinces unless he had held a Magistracy at home, amid so many Magistrates and before the eyes of his own citizens. That this custom also existed among the Emperors is taught both by many other things and by the name of Counts. For because they accompanied the Emperor, they were called Counts, and indeed while the state yet stood. “And among those whom the state itself has given to you as Counts and assistants, you shall be responsible within these limits which I prescribed above; but as for those whom you wished to be with you from domestic connections or from necessary attendants, who are commonly called members of the Praetor’s cohort, you must answer not only for their deeds but also for their words.”
Those who had been sent from the court were afterward also named Counts when they administered provinces. Hence arose the dignity of Counts, which was also bestowed upon men who had never been in the retinue of Emperors—indeed, who had never seen the Emperor. Hence the Counts of Italy, Africa, Illyricum, the Spains, and the East.
The custom remains even today that the greatest Princes after Caesar possess and perform Palatine offices as though they were domestics of the Emperor. The Archbishop of Mainz is Archchancellor through Germany; the Archbishop of Cologne through Italy; the Archbishop of Trier through Gaul and the Kingdom of Arles. The King of Bohemia is Archcupbearer; the Count Palatine, Archseneschal; the Saxon, Archmarshal; the Margrave of Brandenburg, Chamberlain. They sometimes publicly perform their offices. Just as these Princes are not placed in so lofty a rank in order to mix wines, offer dishes, or distribute oats—because some of them never and most only once display their office to the Emperor—but so that they may sustain the highest affairs of the Empire with the Emperor, in precisely the same way it is fitting for all Kings and Princes to have as ministers of domestic affairs those who can govern others and undertake the state. Indeed, Joshua son of Nun was the minister of Moses, whom God appointed leader of the people; Samuel was minister of Eli the High Priest; Elisha poured water upon the hand of Elijah. Through sharing in power, these men were afterward honored more greatly even by God.
§ 2. SECOND LAW. Let those who have held greater Magistracies not disdain afterward to undertake lesser ones. Scipio Africanus furnished a distinguished example in the state when he accompanied, by a voluntary legateship, his brother the Consul, to whom the Syrian War against Antiochus had been entrusted. Pompey’s camp was called a Senate; Cicero says in Philippic 13 that ten former Consuls were in it.
The laws of the Venetians provide that a man who has previously served with greater dignity may refuse a duty in the army. This law was wisely established concerning war; for it is not advantageous to the state for great men who live with authority to be engaged in wars when offended and unwilling. But in civil affairs it is fitting that one who has held the consulship should be Praetor and Aedile and perform other duties. Let him who has governed the Indies, Naples, and Belgium govern a lesser province; let him preside over councils. For if Governors—powerful men—must be changed, although they rightly administer the part of the state entrusted to them,
it is better that they remain in command than lead an entirely private life.
But in this class of matters it was wisely established in the Empire of Constantinople that honors and titles should be conferred upon those who had been in dignity and had waged wars, by which they might be more honored than the Governors themselves. Certain Kings and Caesars indeed dignified some eminent men with the name of Fathers. Mithridates had adopted Theodorus of Scepsis as Father, as Plutarch is authority in Lucullus. But Leo, who was called the Philosopher, made it an established dignity and called it βασιλεοπάτορα, Father of the King, according to Zonaras: Ἐτίμησε βασιλεοπάτορα, αὐτὸς τὸ ὄνομα ἐφευρών—he honored him as Father of the King, having himself invented this name. Cedrenus must be understood in this way when he says that, through love of Zoe, daughter of Tzautzes, he so adorned his father-in-law: Τὸ ἀξίωμα καινουργήσας μὴ πρότερον ὄν—innovating a dignity which had not existed before.
Very well indeed. Previously it had been a name of honor and affection, as when Tiberius called Sejanus father, Gaius called Julianus father, Nero called Corbulo father, and Gordian called Misitheus father, just as a Praetor was regarded as virtually a father to his Quaestor; and as Honorius addressed Stilicho and Arcadius Eutropius in this way. But Leo wished it to be a peculiar dignity. In exactly this way, being a Count of the Emperor was formerly a title and an honor, while now it is also a peculiar rank in the kingdoms of Europe. Formerly all Patricians were called fathers of the Emperor; for they are said ἐν τοῖς βασιλέως πατράσι τελεῖν, or ἄγειν—to act among the fathers of Emperors. That it was a great dignity is established from Novel 81:
Always thinking upon whatever regards the advantage and adornment of the state entrusted to us by God, we hasten to bring it to effect. Therefore, some time ago we also wrote a law concerning our most glorious Patricians, which shows that the conferral of this dignity frees them from paternal power. For we did not consider it fitting that those whom we advance into the office of our fathers should themselves be under another’s power. For if the act of emancipation, formerly performed through what are called actions at law, with insults and slaps, freed men from bonds of this kind, how could the most honorable patents of all, given by him who presides over the universal Empire, be unable to free them from paternal power?
But now, thinking more mercifully and even more honorably in the state, we decree the same concerning the most glorious Consuls, who furnish their own name to the age after the Empire and are honored by consular patents alone, and concerning the girdles which can free men from the Curia—that is, the Prefecture and the office of Master of the Soldiers, provided that these are acknowledged in their own seats and works—namely, that every such dignity, or a girdle of this kind acquired by any whom we have approved, which has the power to free them from the Curia, shall also free them from the power of fathers and grandfathers. For if we decreed that, if a slave with his master’s knowledge merits military service or obtains any dignity, he is immediately freed by the Empire and carried off into freedom itself, how is it not just that one who merits so great patents should also be made free from paternal power?
But nowhere is there so great an abundance of honored Commanders and of men who are great without a Magistracy as in Spain. Besides commanderies and other supports of dignities, there are Knights of the Golden Fleece, there are those whom they call Los grandes, and there are others whose dignity is no less than that of men who are engaged in affairs and commands. Indeed, they too are most advantageously engaged in council and in the government of regions.