Philosophy and Business Ethics Organizations CSR and Moral Practice Guglielmo Faldetta Full Chapter PDF
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Edited by
Guglielmo Faldetta
Edoardo Mollona
Massimiliano Matteo Pellegrini
Philosophy and
Business Ethics
Organizations, CSR
and Moral Practice
Philosophy and Business Ethics
Guglielmo Faldetta · Edoardo Mollona ·
Massimiliano Matteo Pellegrini
Editors
Philosophy
and Business Ethics
Organizations, CSR and Moral
Practice
Editors
Guglielmo Faldetta Edoardo Mollona
Department of Economics and Law Department of Computer Science
Kore University of Enna and Engineering (DISI)
Enna, Italy University of Bologna
Bologna, Italy
Massimiliano Matteo Pellegrini
Department of Management and law
University of Rome Tore Vergata
Rome, Italy
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature
Switzerland AG 2022
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Contents
v
vi Contents
ix
List of Tables
xi
xii List of Tables
G. Faldetta (B)
Department of Economics and Law, Kore University of Enna, Enna, Italy
e-mail: [email protected]
E. Mollona
Department of Computer Science and Engineering (DISI), University of
Bologna, Bologna, Italy
e-mail: [email protected]
M. M. Pellegrini
Department of Management and Law, University of Rome Tor Vergata,
Rome, Italy
e-mail: [email protected]
the authors, the simple perspective regarding their classification arises out
of aspects related to business ethics and the philosophical nature of the
need to establish relations with stakeholders beyond those necessary for
business survival. The chapter proposes a way to establish the taxonomic
axes to do the exercise so companies can approach the issue with better
outlooks. In addition, the authors provide criteria for inclusion using a
taxonomy that may be able to reflect the weight of each stakeholder.
Chapter 5, “Empirical research in virtue ethics: In search of a
paradigm”, by Patricia Grant and Peter McGhee, calls for rigorous empir-
ical investigation in business ethics through a careful elaboration of,
alignment of, and justification for, ontological, epistemological, and
methodological standpoints. The authors propose a Neo-Aristotelian
virtue ethics approach, which assumes that the metaphysical reality
of human nature is an intrinsic part of the subjective experience and
practice of virtue. An example of a study based on this approach is
used to highlight the limitations of existing research paradigms. The
authors as well propose an additional paradigm that assumes an inter-
connected continuum of mind-independent metaphysical, physical, and
social dimensions, which shape and are shaped by the person’s inner
world.
Chapter 6, “Aristotelian flourishing for a virtuous business vision.
The philosophical wisdom as a strategic tool for an effective change in
the management”, by Francesca Zimatore and Luca Greco, combines
academic study with business experience, reflecting on the possibility to
reconnect business and managerial practices to ethical action following
the philosophical tradition. This chapter shows the renewed role that
philosophy assumes within corporate dynamics and in the global socio-
economic context, particularly referring to the Aristotelian Ethics as a
paradigmatic starting point for any ethical reflection that still wants
to be valid today. The authors highlight the importance of the prac-
tical philosopher for organizations, as a consultant who does not offer
philosophical and dusty contents by taking the chair or “pre-packaged”
theories, but offers philosophical skills, connected to conceptual analysis,
deduction, and phenomenological description.
Chapter 7, “Catholic social teaching as a foundation for business
ethics”, by Domènec Melé, proposes to use Catholic Social Teaching
4 G. Faldetta et al.
Introduction
The term “business ethics” is now used to refer to various types of work
done within and across a wide range of academic disciplines. Much of
this work is purely empirical: scholars examine the impact of corporate
policies that are widely regarded to be ethical or “socially responsible” on
the profitability of firms that adopt those policies; they attempt to deter-
mine what features of corporate environments tend to promote behavior
that is widely regarded to be ethical among employees, and what features
of such environments tend to lead to behavior that is generally thought to
be unethical; and they assess which firms tend to be viewed by members
of the public as ethical, and which as unethical, and attempt to determine
what explains these public perceptions.
B. Berkey (B)
University of Pennsylvania, Philadelphia, PA, USA
e-mail: [email protected]
1 There is a broader question that can be asked about whether it makes sense to consider all
of the work that is currently referred to as “business ethics” as part of a single, unified field of
scholarly inquiry. I take no position on this question here.
2 There is, in my view, good reason to count a much broader range of normative questions
among those that fall within the scope of business ethics, including, for example, questions
about the obligations of consumers (Hussain 2012; Ferguson and Ostmann 2018; Lawford-
Smith 2018; Barry and MacDonald 2019; Hassoun 2019; Berkey 2021c; Kingston 2021),
questions about the appropriate structure and limits of markets within a society (Satz 2010;
Sandel 2012; Brennan and Jaworski 2016), and questions about international trade justice
(James 2012; Risse and Wollner 2019).
3 Individuals can, of course, take positions on these questions without engaging in philosophical
inquiry—they can, for example, defer to religious texts or leaders, or views that are widely
accepted in their culture. Openness to philosophical inquiry, broadly understood, however, is
essential for the kind of debate about the complex and important issues that work in business
ethics, and ethics more generally, should help us address.
2 What Should Business Ethics Be? Aims, Methodology, Substance 15
4 See, for example, Carr (1968). For critical discussion, see Sullivan (1984), Carson (1993,
2005), Strudler (1995, 2005), Allhoff (2003), and Varelius (2006).
5 In the remainder of this chapter, I use the term “business ethics” to refer only to the subset
of scholarship that is typically referred to by that label that addresses normative questions about
the proper conduct of agents in business contexts.
16 B. Berkey
6 It is worth noting that while the first of these suggestions regarding what business ethicists
ought to aim to do in their work clearly lies within the domain of normative scholarship, the
second just as clearly does not. Insofar as his aim is to critique the way that normative scholars
have approached their work in business ethics, then, the second suggestion is clearly out of
place, since normative scholars are generally not trained to produce work that has as its aim
motivating people to behave in ways that they know, independently, are morally required. In
addition, this would be an unusual aim to have in producing scholarly work in any field of
inquiry. It seems instead to be a more suitable aim to adopt if one is, for example, acting as
a consultant to a corporation and in a position to shape the decisions of managers. Indeed, to
some extent Stark’s critique can be understood as suggesting that much scholarship in business
ethics is problematic because it does not, and perhaps cannot, play a central role in satisfying
the aims that an ethics consultant might reasonably adopt. As I will argue, however, there are
strong reasons to reject the view that normative scholarship, whether in business ethics or any
other domain, should be constrained by aims of this kind.
2 What Should Business Ethics Be? Aims, Methodology, Substance 19
7 Joseph Monast (1994) also interprets Stark in this way, though he is not always entirely
careful to distinguish profitability from personal self-interest either.
8 He notes, for example, that several scholars have claimed that the primary (and appropriate)
goal of ethical management is to prevent the enactment of regulations that would constrain
firms’ business activities (presumably in ways that would limit their profitability while protecting
or promoting other values).
9 Stark does not deny that individuals, including managers and others acting in business
contexts, are sometimes motivated by altruism (1993a, pp. 43, 46). But he does at least at
times suggest that approaches in business ethics that do not take a significant degree of self-
interested motivation as given, and as a constraint on what individuals can be obligated to do,
must be rejected (pp. 40, 43, 46).
10 Despite this, in the same section Stark does characterize the view that he is describing as
concerned with the effects of ethical behavior on firms’ “bottom line,” and quotes another
20 B. Berkey
scholar who claims that there will tend not to be any conflict between the courses of action
that would be chosen by those concerned about social responsibility and “long-range profit
considerations” (1993a, p. 39).
2 What Should Business Ethics Be? Aims, Methodology, Substance 21
11Just a few of the many important contributions to this debate are Singer (1972), Williams
(1973, 1981), Wolf (1982), Scheffler (1992), Unger (1996), Ashford (2000), Murphy (2000),
Miller (2004), and Buss (2006). I contribute to the debate in Berkey (2016).
22 B. Berkey
12 This is especially important to note in relation to Stark’s discussion, since he claims that other
areas of professional ethics, such as medical and legal ethics, have done significantly better than
business ethics when it comes to offering practical guidance to the relevant professionals (1993a,
pp. 38, 44; 1993b, p. 12).
2 What Should Business Ethics Be? Aims, Methodology, Substance 23
13 Heath claims that properly structured incentive systems will tend to align managers’ personal
interests and the interests of shareholders, but rightly notes that this alignment of interests,
where it exists, is “accidental and irrelevant from the moral point of view. In the case of a
conflict, the obligations simply trump the relevant set of interests” (2004, p. 72). In other
words, if managers are obligated to shareholders to maximize profits, this obligation does not
depend on its also being the case that maximizing profits best serves the manager’s personal
interests. A manager who blames an improperly designed incentive system for actions that he
took that served his own interests well but were disastrous for shareholders has certainly not
provided a compelling justification for his conduct, even if it is true that the incentive structure
was poorly designed.
14 For a critique of Moriarty’s argument that nonetheless acknowledges that managers do have
obligations to refrain from many self-interest advancing actions (e.g., stacking the board with
members who will overcompensate them), see Kolb (2011). Moriarty replies in his (2011).
24 B. Berkey
15 For roughly, this interpretation of Stark, see Monast (1994, pp. 506–508).
26 B. Berkey
that doing so is morally required.16 One way that those employing philo-
sophical approaches to business ethics can generate arguments that offer
practical guidance, then, is by considering what moral reasons there
might be for favoring norms that differ from the currently dominant
ones, and offering arguments aimed at persuading managers to act in
ways that can help to move the profession in the direction of replacing
the current norms with the ones supported by the arguments. Changes in
the norms of a profession, when they do occur, generally do so gradually,
with a number of factors contributing. But surely normative arguments
can be one of the relevant contributing factors, even if initially they only
persuade a small number of professionals, and perhaps affect the behavior
of even fewer. Because of this, it is implausible to claim that arguments
in defense of changing the norms of a profession cannot provide relevant
and valuable practical guidance.
The second, and more important reason to reject the view that
the place of the norm of prioritizing profit in contemporary business
makes the guidance of normative views inconsistent with it objectionably
impractical is that it would undermine even extremely widely accepted
moral limits on the pursuit of profit. To see why this is the case, consider
Stark’s critical response to Richard De George’s claim that “[i]f in some
instance it turns out that what is ethical leads to a company’s demise…so
be it” (quoted in Stark 1993, p. 40). Stark claims that “managers would
be hard-pressed not to view such prescriptions as restatements of the
16 Consider, as just one example, elected officials in the United States prior to 1865 who
considered the interests of slaves to be relevant to what they ought to do when acting in their
professional capacity. These officials rejected and acted contrary to prevailing norms regarding
who counted as constituents whose interests they had a professional duty to represent, and
contributed to an effort to replace those norms with morally superior ones. However few such
officials there actually were who were motivated by the relevant moral considerations, and
however unlikely it might have been that most would act on the recommendation generated by
the moral argument, it is deeply implausible (to say the least) that any argument in favor of the
view that elected officials have an obligation to consider the interests of slaves could have been
justifiably rejected as failing to provide sufficiently practical guidance, since it was too deeply
in tension with most officials’ existing understanding of their professional responsibilities. I
assume, of course, that Stark and other critics of philosophical approaches in business ethics
would not endorse this claim. It is not clear, however, that they can reject it if they accept
that arguments and views in business ethics are insufficiently practical if, and because, they
imply obligations to act contrary to most managers’ existing understanding of their professional
responsibilities.
2 What Should Business Ethics Be? Aims, Methodology, Substance 27
problem, rather than as workable solutions” (p. 40), which suggests that
he thinks that De George’s claim is an example of guidance produced by
employing a philosophical approach that is insufficiently practical. It is,
however, very easy to imagine cases in which virtually everyone would
agree that a manager is morally required to act in a way that will lead to
her firm’s failure. Imagine, for example, that a manager learns that her
firm’s pacemakers are defective, and it is clear that if it does not continue
selling them, it will be forced to shut down.17 Even if the manager had
good reason to think that the defects would not be discovered, or that
the firm could weather the legal costs and survive it they were, it is
deeply implausible (to put it mildly) that it could be morally acceptable
to continue selling the pacemakers. And surely many managers would in
fact choose to stop selling them, even knowing that this would lead to
the closure of the firm.
Because of this, it is not even the case that views in business ethics
according to which managers must sometimes act in ways that will
result in the failure of their firms offer guidance that managers will
simply not follow. In some cases, they would act in accordance with this
guidance (and in some cases they might even be persuaded to act in
accordance with it in virtue of being confronted with moral arguments,
after initially being tempted to attempt to preserve their firms). So even
if we accepted that arguments, principles, and theories in business ethics
must offer sufficiently practical guidance, and accepted that in order to
meet this requirement scholarship in business ethics must offer guidance
that managers might actually be persuaded to comply with, many of the
views that Stark aims to criticize would not be ruled out.
More importantly, however, if it were the case that virtually all managers
would choose to continue selling the pacemakers, so that ethical argu-
ments that imply that they ought not do this would fail to provide
sufficiently practical guidance according to the criterion that I just
17 I take this case from Duska (1993, p. 9). For a similar case, used to make a similar point,
see Monast (1994, p. 507).
28 B. Berkey
described, surely what this would show is that we must either reject the
requirement that scholarship in business ethics provide sufficiently prac-
tical guidance, or else interpret that requirement in another way. This is
because it must be a legitimate aim of scholarship in any area of norma-
tive inquiry to argue that behaviors and patterns of decision-making that
are common and may even typically go largely unchallenged are in fact
ethically unacceptable. The claim that managers should act in ways that
will lead to their firms’ failure in cases like that involving the defective
pacemakers either offers sufficiently practical guidance in virtue of the
fact that managers could follow this guidance, even if they in fact will
not, or else the requirement to provide sufficiently practical guidance
must be rejected, since the claim that a manager ought not continue to
sell the pacemakers is surely correct.
In my view, we should accept the first option here: normative schol-
arship should provide practical guidance, but all that is required in order
to meet this requirement is presenting arguments, principles, or theo-
ries whose prescriptions individuals could comply with if they choose
to. And this simply amounts to accepting the widely endorsed precept
that “ought implies can”. Defenders of Stark might claim that his argu-
ment can be understood as grounded at least largely in the thought that,
perhaps because they fail to take sufficiently seriously the competitive
realities that structure decision-making in business, those who employ
philosophical approaches in business ethics often endorse views that
managers simply could not comply with, even if they tried. This claim,
however, is simply not supported upon examination of most of the argu-
ments, principles, and theories defended in normative business ethics
scholarship. To take just one example, in the debate about whether
sweatshop employers are guilty of wrongful exploitation even if their
employees voluntarily accept their positions and are benefited by their
employment, those who argue that they often are virtually always qualify
their view by insisting that this is the case only if the employers could
have employed their workers on more favorable terms (Meyers 2004,
p. 329; Young 2004; Mayer 2007; Snyder 2008, pp. 390, 398, 400–401,
404; Ferguson 2016; Kates 2019, p. 44; Berkey 2021a).
The most plausible interpretation of the requirement that scholarship
in business ethics provide sufficiently practical guidance, then, is satisfied
2 What Should Business Ethics Be? Aims, Methodology, Substance 29
by virtually all of the philosophical work that Stark sets out to criticize.
Because of this, we should conclude that he and others are wrong to
reject philosophical approaches in business ethics on the ground that
employing them fails to generate arguments, principles, or theories that
offer sufficiently practical guidance. In the relevant sense, these argu-
ments, principles, and theories generally do offer practical guidance,
because they offer prescriptions that individuals could comply with if
they chose to. The fact, if it is a fact, that most people will predictably
not comply with the guidance offered by a view is not itself a reason to
reject that view—this is no less the case in business ethics than it is in
moral theory more generally.
There is nothing objectionable, then, about work in business ethics
that aims to defend normative ideals for the practice of business that are
supported by philosophical reflection, even if there are reasons to expect
that few managers will in fact comply with the guidance offered by those
ideals. Indeed, this kind of work provides the only kind of guidance
that normative scholarship can reasonably aim to provide, insofar as it
is scholarship, aimed at determining the truth about fundamental ques-
tions, as opposed to material produced with the direct aim of affecting
behavior. While the latter aim may be appropriate for those engaged in,
for example, certain kinds of consulting work, it is not appropriate for
scholarly inquiry.
determine what values provide the central justification for the profes-
sion’s role in society. These values, on many versions of this “professional
ethics” approach, are at least the primary, and perhaps the only values
that are relevant to the obligations of professionals when they are acting
in their professional capacity. The idea, then, is that by identifying the
values that are central to the justification of a profession, we limit the
range of values that must be taken into account when determining the
obligations of professionals within the relevant field, and thereby the
range of values that they must take into account when deciding what
to do. Other values, which are relevant in other domains of moral
decision-making (such as when individuals are acting outside of their
professional capacity), are, in effect, “screened out” by the professional
ethics approach.
Thomas Donaldson and James Walsh suggest this kind of approach
by posing the question “[l]aw is to justice, as medicine to health, as
business is to _____?” (2015, pp. 181, 187). The motivating idea is,
at least roughly, that each of these professions has a purpose, and that
by identifying this purpose we thereby determine the values that ought,
ultimately, to guide the conduct of professionals within the relevant field.
For example, since the purpose of medicine is to protect and promote
health, the norms that guide the conduct of medical professionals ought
to be such that their being systematically complied with tends to result
in the protection and promotion of the health of patients. A norm
that requires medical professionals to act in their patients’ best interests,
subject to respect for their autonomy, plausibly satisfies this criterion.
Donaldson and Walsh note that it is important to recognize that the
purpose of a profession is a normative matter—the relevant question is
what central goal or goals a profession ought to promote, rather than
what goal or goals actual individuals working within the profession might
have or believe they ought to have. In addition, we must distinguish the
normative purpose of a profession as a whole from the goals that indi-
vidual professionals might be justified in adopting because their doing
so constitutes an effective indirect means to the promotion of the profes-
sion’s normative purpose (Donaldson and Walsh 2015, pp. 187, 198).
For example, the normative purpose of the legal profession is, plausibly,
justice. But it is widely thought that a defense attorney is obligated to
2 What Should Business Ethics Be? Aims, Methodology, Substance 31
provide her client the best possible defense, even if she is certain that
the client is guilty and that justice would, in the particular case at hand,
be best served by a conviction.18 The norm according to which defense
attorneys ought not aim directly at justice, but instead ought to provide
the strongest possible defense for their clients in every case, is justified by
the fact that their doing this will tend to promote justice more than their
attempting to promote it directly would (primarily because it ensures, to
the greatest extent possible, that innocent people are not convicted and
punished). Similarly, it might be that the normative purpose of business,
whatever it is, is best promoted by managers adopting as their direct aim
the promotion of a goal that is not a plausible candidate for the norma-
tive purpose of business, such as maximizing profits, ensuring efficiency,
or succeeding in economic competition (Donaldson and Walsh 2015,
pp. 187–188).
Donaldson and Walsh’s tentative suggestion is that the normative
purpose of business is to optimize collective value, subject to the
constraint of treating everyone affected with dignity (2015, p. 188–189,
193, 195–197, 201). On their view, then, “law is to justice, as medicine
is to health, as business is to optimized collective value” (p. 202). They
define “collective value” as, roughly, the aggregate net benefits produced
by business activity for those who are affected. Their view, then, is that
business activity ought to be oriented, through the norms that agents
such as managers adhere to in their professional conduct, such that busi-
ness activity, as a whole, produces as much benefit for those affected as
possible, without anyone’s dignity being undermined.
While there is much that is appealing about this picture, in my view
the way that Donaldson and Walsh fill out the analogy to law and
medicine is revealing, and suggests that the professional ethics approach
to business ethics is in fact mistaken. In the cases of law and medicine,
a distinctive and at least largely isolable category of individual and/or
18 It is worth noting here that in the context of criminal law, it is widely accepted that
prosecutors ought to aim much more directly at justice in their professional conduct than
defense attorneys. This is because it is widely accepted that it is significantly more important,
morally speaking, to avoid convicting and punishing innocent individuals than it is to ensure
that the guilty are convicted and punished. If this is correct, then prosecutors adopting a policy
of prosecuting every case that they believe that they can win as vigorously as possible will tend
to generate an unacceptable number of convictions of the innocent.
32 B. Berkey
19 Identifying the normative purpose of the legal profession as simply “justice” may not be
sufficiently precise, since it might be argued that it is not part of the role of lawyers, in their
professional capacity, to advance the cause of, for example, distributive justice as this notion
is typically understood by political philosophers (see, for example, Rawls 1999). Nonetheless,
it seems to me that even if this is correct, the claim that the normative purpose of the legal
profession is to promote justice can plausibly be given a more precise formulation on which it
would refer to a narrower range of individual and social interests.
20 In addition, this seems to be a plausible view. After all, pharmaceutical firms that produce
drugs that significantly improve individuals’ health seem clearly, at least in that respect, to be
doing something consistent with the normative purpose of business.
21 Of course, there are plausibly morally relevant values apart from individuals’ interests. But it
is worth noting that Donaldson and Walsh want their view to be consistent with a requirement
that agents in business consider the interests of non-human animals, and perhaps even the
value of non-sentient components of the natural world (2015, pp. 198–199).
2 What Should Business Ethics Be? Aims, Methodology, Substance 33
22 It is worth noting that in cases in which doctors do make choices, in their professional
capacities, that stand to affect a much wider range of individuals and interests, most people
will accept that it can be wrong for them to ignore these individuals and interests and aim only
at promoting the health of their patients. For example, imagine that by providing a treatment
that one of her patients needs in order to avoid losing the use of one of her legs, a doctor
would release a pollutant that would cause several innocent bystanders to lose the use of one
of their legs. It seems clear that the doctor ought not provide the treatment, despite the fact
that this entails failing to best promote the health-related interests of her patient. The norm
according to which doctors ought to aim exclusively at promoting the health-related interests
of their patients seems plausible, then, only because cases of this kind do not arise often.
These cases highlight, however, that this norm cannot be fundamental, and at most happens
to provide reasonable guidance in typical cases.
34 B. Berkey
the screening out of values that typically characterizes the approach and
makes it distinctive.23
23 Joseph Heath employs a version of the professional ethics approach in developing his well-
known “market failures approach” to business ethics (2004, 2006, 2014). Heath’s view does
screen out values that are not captured within his efficiency-based account of the justification
of business as a profession. Because of this, I believe that his view cannot capture all of the
obligations of business professionals. For a critique of Heath that appeals to the value of justice
that, in my view, is correct but insufficiently far-reaching, see Singer (2018). I criticize Heath’s
view on the ground that it cannot count the interests of non-human animals in Berkey (2022).
24 I argue for a view of this kind, focusing on justice in particular, in Berkey (2021b).
2 What Should Business Ethics Be? Aims, Methodology, Substance 35
Conclusion
In light of my arguments in the previous sections, the picture of what
business ethics should be that emerges is the following. First, scholars
working on normative questions should, like scholars working in other
areas of normative inquiry, aim primarily to develop and defend argu-
ments, principles, and theories that represent ideals that ought to guide
action in the relevant domain. Their work should not be constrained
by any requirement that the guidance offered be “practical,” beyond
that it satisfies the requirement that agents could comply with it if they
chose to. Second, scholars in business ethics should employ the methods
familiar in moral and political philosophy more broadly, and should
reject the professional ethics approach. In other words, rather than begin-
ning by attempting to determine what the normative purpose of business
is, they ought to, for example, consider the implications of generally
plausible principles for relevant cases within business, and where these
conflict with intuitive verdicts about those cases, seek to adjust either the
content of the principles or their judgments about the cases so that they
are, on reflection, both consistent and plausible.25 Finally, substantive
views in business ethics should be such that reasons that are thought, on
reflection, to be relevant in ethics and/or political philosophy generally,
should not be “screened out” as irrelevant to the obligations of business
professionals.
25 This is, roughly, the method of “reflective equilibrium” described initially by John Rawls
(1999, pp. 18–18, 40–45), and widely employed in moral and political philosophy.
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30.
And when hee is once entred to[1805] rule the [beastly]
rout,
Although hee would, he can no way get out:
Hee may bee sure none will to him resorte,
But such as are the vile and rascall sorte:
All honest men, as well the most as lest,
To tast of treason will vtterly detest.
31.
Then let him way how long hee can bee sure,
Where fayth nor frendship may no while endure:
Hee whom hee trusteth most, to gayne a grote
Will fall him from, and assay[1806] to cut his throate:
Among the knaues and slaues where vice is rooted,
There is no other frendship to bee looked.
32.
33.
They lose their lands and goods, their childe and wife
With sorrowe and shame shall leade a wofull lyfe:
If hee bee slayne in fielde hee dyeth accurst,
Which of all wrecks wee should accompt the worst:
And hee that dyeth defending his liege lord
Is blist, and blist agayne by God’s owne worde.
35.
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38.
Therefore the rebell is accurst and mad,
That hopeth[1811] for that which rebell neuer had:
Who trusting still to tales doth hang in hope,
Tyll at the last hee hang fast by the rope,
For though that tales bee tolde that hope might feede,
Such foolishe hope hath still vnhappy speede.
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And when wee had prepared euery thing,
Wee went to Tawnton with all our prouision,
And there we slewe the prouost of Penryn,
For that on the subsedy hee sate in commission:[1833]
Hee was not wise, nor yet of great discretion,
That durst approche his enmies in their rage,
When wit nor reason coulde their yre asswage.
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[This] my lorde and wee the captaynes of the west,
Tooke [our] inne at Newgate, fast in fetters tide,
Where after tryall[1845] wee had but litle rest:
My lorde through London was drawne on a slide,
To Tower hill, where with an[1846] axe hee dyde,
Clad in his [coate] armour painted all in paper,
Torne[1847] and reuersed[1848] in spite of his behauer.
[1849]
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Wherefore, good Baldwine, do[1859] thou record my
name,
To bee ensample to[1860] such as credit lyes,
Or thrist to sucke the sugred cup of fame,
Or doe attempt agaynst their prince to ryse:
And charge them all to keepe within their syse:
Who doth assay to wrest beyond his strength,
Let him be sure hee shall repent at length.
68.
Maister Cauyll.[1864]
[“It is pity,” quoth[1865] one, “that the meeter is no better, seeing
the matter is so good: you may do very well to helpe it, and a lytle
filing would make it formal.” “The author him selfe,” quoth[1866] I,
“could haue done that, but hee would not, and hath desired me that it
may passe in such rude sort as you haue heard it: for hee obserueth
therein a double decorum both of the Smith, and of himselfe: for hee
thinketh it not meete for the Smith to speake, nor for himselfe to write
in any exact kinde of meeter.” “Well,” sayd another, “the matter is
notable to teach al people, as well officers as subiects, to consider
their estates, and to liue in loue and obedience to the highest
powers, whatsoeuer they bee, whome God either by birth, law,
succession, or vniuersall election, doth or shall aucthorise in his
owne roume to execute his lawes and iustice among any people or
nation. For by all these meanes God placeth his deputies. And in my
iudgement there is no meane so good eyther for the common quiet
of the people, or for God’s free choise, as the naturall order of
enheritaunce by lineall discent: for so it is left in God’s handes, to
creat in the wombe what prince hee thinketh meetest for his
purposes: the people also knowe their princes, and therefore the
more gladly and willingly receiue and obay them. And although some
realmes, more carefull then wise, haue entailed theire crowne to the
heire male, thinking it not meete for the feminine sexe to beare the
royall office: yet if they consider all circumstaunces, and the chiefest
vses of a prince in a realme, they shall see how they are deceiued.
For princes are God’s lieutenauntes or deputies, to see God’s lawes
executed among theire subiects, not to rule according to their owne
lustes or deuises, but by the prescript of God’s lawes: so that the
chiefest poynt of a prince’s office consisteth in obedience to God and
to his ordinaunces, and what shoulde let but that a woman may bee
as obedient vnto God, as a man? The second poynt of a prince’s
office is to prouide for the impotent, nedy, and helples, as widowes,
orphanes, lame, and decrepite persons: and seing women are by
nature tender harted, milde and pitifull, who may better then they
discharge this duty? Yea but a woman lacketh courage, boldnesse,
and stomacke, to withstand the aduersarie, and so are her subiects
an open spoyle to their enemies. Debora, Iaell, Iudith, Thomeris, and
other doe proue the contrary. But graunt it were so: what harme were
that, seing victory consisteth not in witte or force, but in God’s
pleasure.[1867] I am sure that whatsoeuer prince doth his duty in
obaying God, and causing iustice to bee ministred according to
God’s lawes, shall not only lacke warre (bee hee man, woman, or
childe) but also bee a terroure to all other princes. And if God suffer
any at any time to be assayled, it is for the destruction of the
assayler, whether he bee rebell or forayne foe, and to the honour
and profit of the vertuous prince, in whose behalfe, rather then hee
shall miscary, God himselfe will fight with enfections and
earthquakes from the lande and waters, and with stormes and
lightenings from the ayre and skies. Moe warres haue bene sought
through the wilfull and hauty courages of kings, and greater
destructions happened to realmes therby, then by any other meanes.
And as for wisdome and pollicy, seing it consisteth in following the
counsayle of many godly, learned, and long experienced heades, it
were better to haue a woman, who considering her owne weaknes
and inability, should be ruled thereby, then a man which presuming
vpon his owne fond brayne, will heare no aduise saue his owne. You
muse peraduenture wherefore I say this. The franticke heades which
disable our queene, because shee is a woman, and our king
because hee is a straunger, to bee our princes and cheife
gouernours, hath caused mee to say thus mutch. For whatsoeuer
man, woman, or childe, is by the consent of the whole realme
established in the royall seate, so it haue not bene iniuriously
procured by rygour of sworde and open force, but quietly by tytle,
either of enheritaunce, succession, lawfull bequest, common consent
or election, is vndoubtedly chosen by God to bee his deputye: and
whosoeuer resisteth any suche, resisteth agaynste God himselfe,
and is a ranke traytour and rebell, and shalbe sure to prosper as well
as the blacke Smith and other suche haue done. All resist that
wilfully breake any lawe, not being agaynst God’s lawe, made by
common consent for the wealthe of the realme, and commaunded to
be kept by the authority of the prince: or that deny to pay such
duties, as by consent of the high court of parliament, are appointed
to the prince, for the defence and preseruation of the realme.” “You
haue saide very truly herein,” quoth[1868] I, “and I trust this terrible
example of the blacke Smith, will put all men in minde of their duties,
and teach them to bee obedient to all good lawes, and lawfull
contributions. The scriptures do forbyd vs to rebell, or forcibly to
withstand princes, though they commaund vniust things: yet in any
case wee may not doe them: but receiue quietly at the prince’s hand
whatsoeuer punishment God shall suffer to bee layd vpon vs for our
refusall. God will suffer none of his to bee tempted aboue their
strength.”[1869] This talke thus being ended: “I was willed my
maisters,” quoth I, “by maister Holinshed, to bring sir Nicholas Burdet
vnto you.” “Were you?” quoth they: “on his word we will heare what
he sayes.” “Read it, I pray you,” quod one. “You must thinke then,”
quoth I, “that you see him all wounded as he was slaine at Pontoise,
to say as foloweth.”]
How the Valiant Knight Sir Nicholas
Burdet, Chiefe Butler of Normandy,
was slayne at Pontoise, Anno 1441.
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