This also is incident to the nature of Counsell; that whatsoever it be,
he that asketh it, cannot in equity accuse, or punish it: For to ask
Counsell of another, is to permit him to give such Counsell as he shall
think best; And consequently, he that giveth counsell to his Soveraign,
(whether a Monarch, or an Assembly) when he asketh it, cannot in equity
be punished for it, whether the same be conformable to the opinion of
the most, or not, so it be to the Proposition in debate. For if the
sense of the Assembly can be taken notice of, before the Debate be
ended, they should neither ask, nor take any further Counsell; For the
Sense of the Assembly, is the Resolution of the Debate, and End of all
Deliberation. And generally he that demandeth Counsell, is Author of it;
and therefore cannot punish it; and what the Soveraign cannot, no man
else can. But if one Subject giveth Counsell to another, to do any
thing contrary to the Lawes, whether that Counsell proceed from
evill intention, or from ignorance onely, it is punishable by the
Common-wealth; because ignorance of the Law, is no good excuse, where
every man is bound to take notice of the Lawes to which he is subject.
Exhortation And Dehortation What
EXHORTATION, and DEHORTATION, is Counsell, accompanied with signes in
him that giveth it, of vehement desire to have it followed; or to say it
more briefly, Counsell Vehemently Pressed. For he that Exhorteth, doth
not deduce the consequences of what he adviseth to be done, and tye
himselfe therein to the rigour of true reasoning; but encourages him he
Counselleth, to Action: As he that Dehorteth, deterreth him from it. And
therefore they have in their speeches, a regard to the common Passions,
and opinions of men, in deducing their reasons; and make use of
Similitudes, Metaphors, Examples, and other tooles of Oratory, to
perswade their Hearers of the Utility, Honour, or Justice of following
their advise.
From whence may be inferred, First, that Exhortation and Dehortation,
is directed to the Good of him that giveth the Counsell, not of him that
asketh it, which is contrary to the duty of a Counsellour; who (by the
definition of Counsell) ought to regard, not his own benefits, but his
whom he adviseth. And that he directeth his Counsell to his own
benefit, is manifest enough, by the long and vehement urging, or by
the artificial giving thereof; which being not required of him, and
consequently proceeding from his own occasions, is directed principally
to his own benefit, and but accidentarily to the good of him that is
Counselled, or not at all.