Therefore between counsel and command, one great difference is, that command is directed to a man’s own benefit; and counsel to the benefit of another man. And from this ariseth another difference, that a man may be obliged to do what he is commanded; as when he hath covenanted to obey: but he cannot be obliged to do as he is counselled, because the hurt of not following it, is his own; or if he should covenant to follow it, then is the counsel turned into the nature of a command. A third difference between them is, that no man can pretend a right to be of another man’s counsel; because he is not to pretend benefit by it to himself: but to demand right to counsel another, argues a will to know his designs, or to gain some other good to himself: which, as I said before, is of every man’s will the proper object.
This also is incident to the nature of counsel; that whatsoever it be, he that asketh it, cannot in equity accuse or punish it: for to ask counsel of another, is to permit him to give such counsel as he shall think best; and consequently, he that giveth counsel to his sovereign, 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 counsel; for the sense of the assembly is the resolution of the debate, and end of all deliberation. And generally he that demandeth counsel, is author of it; and therefore cannot punish it; and what the sovereign cannot, no man else can. But if one subject giveth counsel to another, to do anything contrary to the laws, whether that counsel proceed from evil intention, or from ignorance only, it is punishable by the commonwealth; because ignorance of the law is no good excuse, where every man is bound to take notice of the laws to which he is subject.
“Exhortation” and “dehortation” is counsel, accompanied with signs in him that giveth it, of vehement desire to have it followed: or to say it