The first Chapter .

AS nothing more encourageth the soldior to fight , and to giue forth apparan● signes of valor , then the glorie & renowne which is gained by exploits of warre : so nothing is a greater spurre to the student of any Arte or Science , then the iust reward of fame and commendation , which belongeth to those , who by labor attaine to perfection in any praiseworthie science . For as nature rewardeth the Bee with hony , so Art recompenseth the painfull student with riches , praise or honor . And howbeit some men make small accompt of praise or good report , as being in their owne conceit but an emptie sound , yet wise men haue thought & written , that a good name is better then Gold , aa aa Prouerb . 2● Aym. cons. 145 viso proces●● in fi. and that a mans credit is the fairest flower of his garden . Now if praise be due to Arts and sciences , as being the best treasure & endowment of the mind , religion only excepted , then surely the knowledge of the law may in the first place challenge prerogatiue of dignity , by whose righteous doome & decree it is prouided , ruled , & ordered , that al other sciences should haue their maintenance & support , in such plentiful & condigne maner , as by merite or equity doth to them of right aptaine . But euery art receiueth his commendation by the end & scope which it proposeth to it selfe . And the chiefe end or last marke of the law aswel as other sciences is God his glory . But the next & immediate end , which is allotted to it , is to administer Iustice to al , & in that sence it may be called the rule of Iustice : For religion , Iustice , and law do stand together , & are together trodde vnder foote by such as neither care for God , nor goodnes : such as are rehearsed by one of notable iudgment . a a Cyprian de 12. abusio . A wise man without workes , an old man without deuotion , a yong man without obedience , a rich man without almes ; a woman without chastity , a gentleman without vertue , a contentious christian , a proud begger , an vniust king , a negligent Bishop , a congregation without discipline , a nation without law . But Iustice is then rightly administred , when it is not sold , b b Can. venden . q. 3. Canon pauper 11. q. 3. When there is no respect of persons . c c Deuteron . 1 When hatred is away & conscience is present . d d Can. sex . 23. q. 3. When rigor is tempered with mercy . e e Can. omnis & sequ . can . discipli . 45. dist. And Iustice must be regarded of the law as the load-star is minded of the Seaman , for without it can be no gouernment . An other end of the law is the good estate of the people . For it is an Aphorisme amongst the lawes of the 12. tables : Salus populi suprema lex esto : Let the safety of the people be accompted the chiefe law . f f l. 12. tabula● . c. 6. And the deserueth not the name of a law which hath no relation to publik profit . g g Cicer. 2. de legi . For Hermogenes said wel that euery law was made for the good & profit of men . h h lib. 2. de sta● homium . And Plato saith , that a Law-maker ought to haue regard of 3. things especially : namely , that the conuenient liberty of the comon weale may not be impeached by the laws , that they may preserue amity amongst the people , & that they may furnish them with wisdome . i i lib. 2. de legi . Wherefore they that dispise laws , haue no care of comon profit , k k Cicae . pro Caecin . because they were made for comon vse , l l lib. 2. de legi . & without law , which I interpret to be an order established by authority , neither house , nor city , nor nation , nor mankind , nor nature , nor world can be . m m Cicer. lib. 3. de legi . And therfore Cicero saith , that our ancestors were of such vertue & wisdome , that in making of their laws they had no regard , but of publike good : n n Cicer. lib. 〈◊〉 de inuent . For they would not write any thing to hurt , and if they had written any such things , it would haue bin reiected as soone as it had bin vnderstood . It is manifest therefore that the end at which the Law doth ayme is the generall aduantage of common societie in a iust maner distributed and dealt to euerie one . For , non sufficit bonum fieri nisi bene fiat , It is not sufficient to doe that which is good vnlesse it be done in good sort , and therefore let not any man , which vndertaketh this profession lay conscience aside : for though the charge and calling be seculer , yet it must be religiously handled . For God is the author of the Law , and the reuenger of the abuse thereof , The weight and measure , Pro. 16. saith Solomon , are God his iudgments , and therfore if any man maintaine any wrong by colour or pretence of Law let him know , that though man be hurt , yet God is offended , ye do not execute the iudgement of Man , Chroni . 2. c. 19 but of God , saith Iosaphat . God is the beholder and vmpier of Counsailes and Iudgements , and surely if a man do well discharge this weightie and excellent function , there is no man of any religious habit or vocation in higher place or greater reckoning with God . So much the more are they to bee reprooued , who exercise sychophancie , fraud & caueling in the handling of causes , being wresters of Lawes , and wringers of money , whose conquest in bad causes maketh them triumphe as much as Romulus did when he had killed his brother : nay as Atreus did when he had compast the death of his brother Thyestes , boasting and glorying . o o Senec in Thy. nunc parta vera est palma , nunc meas laudo manus , Now haue I gotten an honorable victorie , nowe I praise my handie worke , but they in whom conscience beareth stroke are farre otherwise addicted , and shal be hereafter otherwise rewarded . Nay euen in their life time do they possesse the ensigns of authoritie & dignitie , & by good right may they challenge many special fauors , immunities & indulgences . Constantine the Emperor gaue to the professors of the imperial Lawes , full & perfect freedome from all collaterall charges , taxes , and other burdens of the common weale , p p L. medic. 1. 6 de profes . & medi. and he decreed also that certain yerely pensions should be paid vnto them out of the Treasury , q q D. L. medicos . & the Emperor Valent. would haue them which by the space of xx . yeres were professors of the law , to be illustrated by the name of Comites , a name of excellent dignity . r r l. vnica & rubri . de profes . qui in vrbe Constantinopol . docent ex lege meruerunt . Comit. li. 12. c. tit. 15. Many other priuiledges & benefits are mentioned in the Ciuil law , which belong as well to Studients as to professors , and hereupon had that saying his originall .

Dat Galenus opes , dat sanctio Iustiniana : Ex alijs paleas , ex istis collige grana . s s Angel . Aretin in §. proaem . institut.

Neither hath England bin vnkind or strait handed to men of that coat and calling : for in old time as I find in M. Plowden , who was credibly infourmed thereof , there were fower Reporters of the cases of Law , which were chosen men , and had a yerely stipend for their paines and trauaile therein , paied by the king , t t Plowd . in Epi. a les estudents de le common ley . But some will say that God forbiddeth vs to contend . Who denieth that ? but he doth not forbid to Iudge & determine controuersies : & there is great difference between iudging and contending : for though God do forbid thee to beate a poore traueling man : yet he doth not forbid thee to bind vp his wound , when he is hurt and maymed of others . So though he do greatly abhorre the hatred , rancor , malice , and disagreement of men , yet he is wel pleased and contented that such pernicious & contagious diseases should be cured . Let him that condemneth the fault , approue the remedy . One man rageth with a burning desire of reuenge : an other conueieth to himselfe an others mans goods by craft , whom when charity & duty cannot bring into the right way , his disloial dealing must be repressed by the seuerity of Iudges . Moses , Dauid Solomon , committed no sin , when they caused wicked men to be rigorously punished : & though Christ do condemne a quarrelous & reuengeful person , yet he leaueth to the Iudges their authority , whether they rule & order causes by the Lawes & customes of nations , or by the law of Moses . Ioseph , Daniel , Naaman , the Centurion , did gouerne common weales by the lawes of the heathen . Surely the politicke lawes of Kings & Magistrates are greatly to be heeded & regarded , which Christ himself allowed , when he paid tribute to Caesar . And the profession & practise of the knowledge of lawe is warranted by the example of great men , who would not haue borne the names of professors , if the science had not contained in it singuler wit , excellent wisdome , & profitable directions for the whole course of mans life . It is well knowen that the Camilli , the Curij , the Fabritij , the Fabij , the Claudij , the Scipioes , the Crassi , the Iulij the Ciceroes , & the Scaeuolaes were singuler men and singulerly skilled in law . And to giue them their proper appellation were lawyers . These men gouerned their common weals not in the shadow , in darknes or corners , as the Grecians did , but in the cleare light of the Sun , and in the face of the world , vsing experience as a Pilot against the boysterous & turbulent affections of the people . And therefore Virgil when he distributeth v v Vir. Aeneid . 6. seueral sciences to seueral Countries , appropriateth the science of gouerning common weales to the Romaines .

Tu regere imperiopopulos Romane memento , Parcere subiect is & debellare superbos . Mind thou O Romaine men by law to guide , To spare the meeke , and ouer-master pride .

But some accompt it a matter of too great curiosity , that the laws which should be plain & manifest to al should be reduced to an art obscured with difficult cases , shadowed with conceited termes , and as it were , couered with cloudes , and wrapped in darknes : to whom I answere that it is very expedient , that there should be a certaine art and science of the Law , generall rules & preceptes , and conuenient discourses . For the particuler things which do fall vnder the obseruation of law ar infinite , & the weaknes of mans memorie cannot tollerate the multitude of particular lawes : and therefore it is conuenient that that which we call aequum bonum , which in plaine termes is nothing else but perfect reason , should be comprehended and deliuered in certaine generall preceptes , and Plato alleageth this for a reason x x Plat. in polit. because it is necessarie , that there should be Regia disciplina a princely science , for he suteth it with that name , which may by a generall censure , order and dispose of all things without regard of euery particular circumstance . For the certaine knowledge of matters , it is good that the law should be bounded by certaine rules & limits : For a man could not certainly know what were his owne , and what an other mans , vnles the Law should as it were by finger point , & shew vnto him , what , when , and howe it were his , and therefore true is that saying of Cicero , a a Cicer. lib. 9. Epist. famil . Omnia incerta sunt cum a iure discessum est . If you depart from Law there is no certain state of any thing . And his opinion is in an other place , b b Cicer. in ora . pro Caecin . that our inheritance rather commeth to vs by the law , then by our auncestors : for though they doe giue is , or leaue it vnto vs , yet it is the law which doth settle it in vs , and doth preserue the possession thereof free and inviolate vnto vs . Wherefore it is to good purpose , that the Law should be definite in it selfe , and should consist of certaine conclusions which should be as the listes and periodes of the science , by the contemplation of which , a man may be instructed and sufficiently furnished for particuler causes and euents : For the particuler case lyeth as it were embowelled , and is implicatiuely contayned in the generall learning , and there is nothing in the Law which may not be reduced vnto some vniuersall theoreme , which may easily be conceyued and remembred , because it is generall . c c Marcell . 2. ff. de iur . et fact . ignor . And though the professors of the Law doe make-particuler arguments of speciall causes , and do admire examples or cases to the illustrating of that which they do principally handle , yet the Law it selfe is comprised within certaine rules . Neyther ought it to trouble vs , that the Law bookes are so huge , & large , and that there is such an ocean of reportes , and such a perplexed confusion of opinions , because the science it selfe is short and easie to one that is diligent , according to that saying : Industriae omnia serua fiunt , All thinges are seruants to diligence , or come at her commaund , and artes ar not to be estemed by the greatnes or smalnes of the books , but by the goodnes of their rules . And though the lawes which do vind mens liues & maners ought to be vnderstood of all , that their prescript being knowen , men may decline from that which is for bidden , & follow that which is commaunded : yet that may be done either by their own means , or by the meanes of others : & if a mans braine be no fit mould for the Law , let an other mans mouth be his teacher . Hence commeth the name of Counsailor , because in doubtful causes he may resolue & giue counsel : Whereby appeareth aswell the necessity , as the excellent vse of the calling : for what can be more conuenient or of better oportunitie , then that a man of experience should shew the way to one that is ignorant . It is therfore expedient that there should be lawes written , & that such lawes should not be altered without vrgent occasion : for it is a fonde part to striue against the course & stream of lawes , & customes receiued . A great question it hath bin heretofore , whether common weales were better gouerned by written Lawes , or by the present & voluntary conceit of the Magistrate : This matter , because religion it selfe hath committed ciuil duties to the wisdome and ordering of man , ought to be measured by the examples of wise gouernors & by popular sense . What good common weal hath there euer bin without written Lawes , which haue bin vsed by the Egyptians , Cretensians , Athenians , Romanes , & Iewes . The writing or the engrauing of lawes in Tables is a principall cause of the certainty of the same , & without certainty , it should be of smal credit : for what authority or force should it haue , if it did alwaies change like the Moone , or like Vertumnus : but when causes ar decided by the opinion & wil of the Magistrate , the power of gouerment may be in the hands of such as be vnskilful , or wicked , & so either for want of skil , or conscience , Iustice may faile of her course . How often might the pretence & shew of iustice beguile vs ? how often might iustice be peruerted by fauor or malice ? But if Lawes were not generall , & should not sometimes restrain Magistrates & gouernors , great inconuenience would ensue : euen as great as happened in Athens by the violent domination of the 30. tirants , who when they had cancelled & disadnulled the Lawes , did exercise a common butchery and slaughter of good men : Wherfore , as in dangerous tempestes the ship is not rashly committed to the winds : but there is neede of a skilful Pylot by cunning & carefulnes to gouern : so the wauering & passionate mind of the Magistrate , must be ballassed and weighed downe by Law , least his own priuate affections do driue him from doing Iustice as from the hauen . Aristotle affirmeth , that God ruleth that common weale which is gouerned by a written Law , because the Lawes are the champions and defenders of conuenient libertie , then which there is nothing more pleasant in this life : for what thing can be more happy , then to be free from the feare of iniury , & safely to inioy the societie of men , and therefore he would not haue the gouerment of the common weale to be committed to any one man , though very vertuous , without the regiment and direction of Lawes . Neither let any man say , that I do sinisterly iudge of the natures & dispositions of men , in that I accompt no man of so approued and speciall vertue , and fidelity , that the mannaging of common affaires may be offered vnto him to order them at his will and pleasure without the appointment & warrant of lawes : surely I could wish that euery gouernor were a Numa : But yet I would haue the law to be ioyned with the Magistrate in the act of gouerment . Neither do I fancy or figure in my minde any happier common weale , then such as may accord with the tenor and progresse of humaine affaires . If a man should imagine that the aucthoritie of gouerment were in the handes of the Stoikes , such as would neither be moued by hatre , nor fauour , though they in other respects were very vnfit to gouerne , how shall their humors be satisfied , who had rather be gouerned by written lawes , then by vpright Magistrates ? for such is the madnes and frowardnes of some , that they wil not be contented with the equitie and faithfull dealing of the Iudges , but will still contend by the rigor , and dint of law , and will trie all extremitie , being often times more at iarres & at oddes with the Iudges , then with the aduerse partie : here the aucthority of Iudges will be weak , vnlesse the lawes publikely receyued do strengthen it : so that in the written lawes there is not onely a safegard for innocency against iniury , but also for the Magistrate against the importunitie of the people : But as wayfaring men whilest they trauaile are not afraide of going a stray , when Mercuries image doth point out vnto them the way that they are to goe : so good men when a certaine law is proposed vnto them , when by it they know what euery man ought to perform , what to auoyde , they are secured and do wholy repose them selues in the protection of lawes . To the intent that the Hebrewes might well agree , & haue good order amongest them selues , God did enact and establish certain lawes , that they might iudge by prescript , and rule , least the law being ambiguous might procure dissentions . And other people and nations haue either by the tyrannons domination of Magistrates , or the outragious discord of the people bin enforced to receiue Lawes as the square and measure of their actions . In the Citie of Athens when there was continuall debate about the difficult points of the law then in force , there arose three factions of men , not of the worst sort , but yet not well agreeing in matters of state : the Citie by this meane being greatly molested , and the hartes of men being edged & exasperated by the festered sore and cankerworme of contention , the gouernment was committed to Solon : he surueying by depth of iudgement the weake , and impuissant estate of the Citie , made Lawes , whereby peace and contentment were restored : And when he saw , that these Lawes were the sinewes of the good estate of the citie , he determined that whosoeuer should hold any iudiciall place , should in precise tearmes take oath that he would iudge according to the Lawes . This was also the cause why the Romanes dyd flie to a written law : the Magistrates dyd arrogate & assume too much to them selues , the people did exceedingly grudge and murmure that their honest libertie was impeached by the maner of their ruling , and the best men were at variance in matters of Law : so that it was thought meete that some equall Lawes should be in force , whereby the rashnesse of the people , & the violence of the Magistrates might be moderated : For this cause the Lawes called the Twelue tables were prescribed to the City , which yoak was willingly receiued , because without laws they knew their common weal could not prosper , nor continue . And as there ought to be a certain forme of Lawes , so these lawes ought not to be altered or abrogated wythout great occasion , & the euident aduantage of the common weale . There was a Law amongest them of Locros , that whosoeuer would make a motion or inuectiue against any receiued law , should therof deliuer his mind , hauing an halter about his neck , & if it were agreed by the assembly , that the thing which he indeuored to perswade were for the good of the common weale , the man was safe , & receiued commendation : but if it were disallowed , and reiected as an vnprofitable admonition , he was streight way hanged and receiued death as the guerdon of his innouation . And in Athens there were a kind of men called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , who in all publike meetings did sit amongest the chiefe Magistrates , & did put them in mind not to decree any thing against the Lawes in force . Thus it is euident that both the making & maintayning of lawes is necessarie . And it is rightly said of Cicero , that the Law is as necessary for the gouerment of a state , as the soule & mind is for the preseruation of the bodie , d d in orat . pro Cluentio . this ( saith he ) is the bond of all dignities , and degrees , which are in the common weale , this is the foundation of libertie , the fountaine of equitie . The will , counsel , & decree of the Citie is contained in the lawes , as the bodie can doe nothing without the soule : so a citie without Law cannot vse her actions , power , or aucthoritie . The Magistrates are the ministers of Lawes , the Iudges are interpreters , the people are the Seruants , that they may haue true libertie . The Law is thus defined by Cicero , e e 3. lib. 1. de legi . Summa ratio insita á natura , quae iubeat ea quae facienda sunt , prohibeatque contraria , A principall reason ingrafted in vs by nature , which commaundeth the things that are to be done , and forbiddeth the contrarie , and all the particuler and seuerall lawes of diuers nations , are but the branches of this law : for the lawes be certain and cleere intelligences , and rules , whereby the mind is addressed to pursue that which is good , and to eschew the contrarie : and they offer to the mind the formes and Ideaes of vertue and dishonestie . So that in the sacred precepts of law , as in a christall glasse , a man may perceiue what he may doe with praise , what he cannot doe without infamie : for the common places , which be handled by diuers , of common duties , of that which is truly good , of that which is perfect happines , of the best estate of a common weale , do not so sufficiently qualifie and instruct the vnderstanding , as the law it selfe . But here I shal be crossed by an other obiection , that great & tedious are the labors which are to be sustained in the study of the law . Surely there is nothing of weight or woorth , which may be compassed without paine & trauaile , and yet if the paine be compared and ballanced with the profite , it is but as a few drops of haile to a whole shower of Manna . What would not a towardly man do ? what would he not vndertake by his wisedome & warines , to keep all danger from the bodies , heads , and lifes of the innocent : to preserue his memorie from obliuion , and silence : to be of great accompt amongst the greatest : to attaine to that knowledge , which is the highest of all humane artes and sciences ? and though it were as hard a matter for a young gentleman to gaine the knowledge of the lawe , as it was for Phaeton to ascend vnto the Chariot of the Sunne , who ere he could accomplish that , was to passe through vncouth wayes , and by the ghastly formes of deformed creatures , by the terrible Signes of the Bull , the Lion , and the Scorpion f f Quid. Metamorph . , though ( I say ) a Studient ought to haue all the lawe perfect , and to passe through a multitude of cases , iudgements , Statutes , arguments , treatises , comments , questions , diuersities , expositions , customes of courtes , pleadings , mootes , readings , and such like : yet sith there is no arte nor science , by which the common weale receiueth so great benefit : sith there is no course of life , no time of age , no estate of men , which can either florish or be without the safeguard of lawes , and sith the difficultie of the science is rewarded by the dignitie , credit , and ample fortune which belongeth vnto it : the hope of them which employ themselues in this studie ought not to waxe faint , nor their mindes to be daunted with the labour and paine , which all artes require : but they ought to be incited and allured to proceede in their studies by the excellent and honorable rewardes of the same .

Of the good qualities wherewith the Student of the lawe ought to be furnished . The second Chapter .

BEcause many applie themselues to the studie of the lawe , without deliberate consideration of their qualities and sufficiencie , so that many times they finde not that contentment , which otherwise they might enioy . It is very conuenient that they should know what qualities are requisite in him , who is to employ his time in the studye of the lawe : for as Aristotle sayeth , a a Aristot . lib. 10. Ethico● , ad Nicomach . Rules and precepts haue not force in all , but the minde is to be decked with good gifts , that it may take ioy in things that be truly good , and abhorre the contrarye . The first and chiefe thing that I doe require in him , is , to haue the true knowledge , and feare of God , without which his other knowledge is but as a sword in the hand of a frantike person : and where the light of truth is not , there is a darke and tenne-folde mayste about the minde . But where God is not , there is no truth , there is no light , there is no lawe . The soule and sences , are but the instruments of his will , which hee bindeth and looseth at his pleasure . And if they turne from beholding him to the contemplation of any arte and science whatsoeuer , surely they effect nothing but their owne destruction . I knowe this is no pleasant sound to some daintie eares , who cannot tollerate any naming or mentioning of religion , which the Paganes , whome they make as presidents of their prophane manners did not onely regard , but in the very front and beginning of theyr lawes ( such was their reuerence ) they prefixed a precept and caueat for the obseruation and keeping of holy rites in a regardfull manner : Ad diuos adeunto caste , pietatem adhibento : qui secus faxit , deus ipse vindex erit : Let them go to the worship of God with a chaste minde : let them vse reuerence : God will be the reuenger of him that doth otherwise .. b b Leg. 12. tabular . c. 1. Some perhaps had rather heare a curious discourse handled by some Astrologer , whereby they might haue certaine notice and vnderstanding what complexion and constellation is most fit to enter into the studie of the lawe : with such dregs they would haue their minde satisfied . They perhaps , will beleeue ( for what is more credulous then fansie ) that they which are borne vnder Iupiter , are not fit for the study of the lawe , as Cocles teacheth them , c c Cocles in Physiognom . that they which are borne vnder Mercury , are of quick conceit , but quickly vnconceited , soone ripe and soone rotten , especially if Mars be ioyned with Mercury in the constellation , as it hapned according to the suggestion of some in Hermogenes the Sophist , who writ of Sophistry in his youth like a graue old man , and was in his old age as a trifling boy . But they which are borne vnder Saturne , are sayd to be more dull in the beginning , but in processe of time of more sound and deepe knowledge then others : surely I am not of opinion , that the soule and the powers thereof are subiect to the sway and motion of the planets . If I should thinke , that it were a substance flowing from the bodie , or so mingled with it , that it might be accompted a kind of bloud , as some Philosophers grossely conceiued , this might seeme vnto me probable .. d d Cicer. in Tusc. quest. But I am fully and immoueably perswaded , that the soule commeth from aboue into this strange matter , whereof the bodie is compacted , and is of an incorporeall nature , which is not subiect to the impression of the senses . For when sicknes affecteth the bodie , the soule is sound : and when the bodie is racked , the minde is free . Neither is it to be maruailed at , that it conformeth not it selfe to the change of the bodie , because some materiall parts of the bodie are not alway partakers of the change . Let a man go abroade in the most cold and freezing weather , yet his eyes will neuer be frozen , let him stand by a most scorching fire , yet they will neuer feele heate . The strange and different substance of them from the other parts of the bodie , I take to be the cause . Now the Planets do worke only vpon corporall things , for their influence is of the same sort as the attractiue force of the Adamant , or the Geate , which cannot worke but vpon materiall things : and therefore I may well conclude , that the Starres do not qualifie the minde , but the bodie only , which being a cotage of clay , must needs beare the wind and weather , the alteration and impression of the Planets . Wherfore let not any man who aymeth at the knowledge of the lawe as the marke of his desire , make any estimation of these Physognomicall fictions : let him not goe to the house of Mars nor to the spheare of Mercury for knowledge . Si quis indiget sapientia , postulet a domino : If any lack wisdome , let him request it at the hands of God e e Iacob . c. 1.

He must likewise obserue , that the way to the hight of knowledge is by humilities gate . Let not the increase of his skil make his mind to increase , and swell , after the maner of loftie spirited men , who when they know nothing , yet would seeme not to be ignorant of any thing . Euery auditor must be willing to heare Oportet discentem credere , sayth Aristotle , f f In Analytic . posterior . , who though he were a man of singuler knowledge , yet gaue example of great modestie , by this censure , Maxima pars eorum quae scimus est minima eorum quae ignoramus , The greatest part of the things which wee knowe , will counteruaile but the least part of the things which wee knowe not : as if a man should compare one hundred to one . But none doe more boast of knowledge , then the ignorant , as nothing soundeth more then emptie vessels : and they nourishing in theyr mindes a haughtie and ample opinion of theyr supposed abilitie , are so bewitched with selfe-loue , that they thinke they sucked eloquence with their nurses milke , that the bees which are feined to sit vpon Platoes lips , did flye to their lips whilest that they were dreaming in the cradle : that they were able to teach old men before they had teeth : and triumphing in this conceit , they admire themselues , & disdaine others , aduancing their own doings , & discommending the fruitful labours of other men , like apes , louing their deformed children , and like phantastick Pygmaleons wo●ing their owne deuises . If any thing be spoken of them sometimes clarkly , and acutely as they thinke , they make an inward applause vnto themselues , & cherish their harts with this acclamation , facete ! lante ! lepide ! nihil supra ! but if any thing be spoken of others aptly and sensibly , they straightway inferre , Quanto tu melius hoc inuenisses Thraso ! But a discreete & aduised man , wil iudge none to be so meane , but that he may learne something of him : for though he know more then others , yet hee must thinke , that others knowe somewhat which he knoweth not . The best and the most graue man saith Cicero , will confesse , that he is ignorant of many things .. f f Cicer. Tuscula . 3. And Solon was not ashamed to say , that in his old age he was a learner . g g Cicer. in Catone maior . And Iulianus the Lawyer sayd , that though he had one foote in the graue , yet he would haue an other in the schoole .. h h Lapud Iulianum de fide commissis liberal . in p. The next thing I require in a Student is temperance , which I do not take so strictly as Aristotle doth , who defineth it to be a restreint from corporall pleasures , which are obiected to the sense of feeling p p Aristoteles lib. Nicoma chior . 2. & 3. & in lib. magnor . morali . , but would haue it so largely vnderstood as Plato q q Plat. in Conuiui . , Cicero r r Cicer. lib. 1. officior . , and now of late time s s Scalig. lib. 3. poetic . Alberic . Gentil . lib. de leg. 3. c. 13. Scaliger , and D. Gentilis haue taken it to be , a restreint of the minde from all voluptuousnes and lust , as namely from couetuosnes , excesse of diet , wantonnes , and all other vnlawfull delights . A Student must in his diet be temperat , and abstinent , for as Musonius sayth , Continency in dyet is the step to wisedome . t t Stobaeus de temperantia . A fat and full belly yeeldeth nothing to a man but grosse spirits , by which the sharp edge of the minde is dulled and refracted , and too much meate cast into the stomack doth ingender nothing but cruditie and diseases . This measure must be vsed in our diet , that no more be taken then will suffice . Seneca prescribeth a good rule , u u Senec. epistol. 111. Famem fames finiat , Let hunger end hunger , which is nothing els in plaine termes , but that a man should rise with an appetite , being rather satisfied then filled . Yet he that feedeth more plenteously , is not to be reprooued , if his bodie do stand in neede of more copious nourishment , and a man must not so abstaine , that the functions and duties of the minde and bodie be hindered . Good and moderate nourishment doth quicken the spirits , and they do giue strength to the braine , but that which is vnwholesome and immoderate doth stop , thicken , confound , and destroy them . As in diet , so in other things , it is good for a Student to haue the rule and mastery of his mind and appetite , neither so to let slip the reignes to his desire , that he will for any commodious respect , bring himselfe to shame and obloquie , and for a present aduantage , incurre a perpetuall discredit . Plato hath a sentence worthie of obseruation x x Plato in Timae . , Et dicere & facere ea quae decent ad sobrium & prudentem hominem tantum pertinet , To say and to do the things that are comely , belongeth only to a sober and wise man . That example of rudenes vsed by certaine Florentine Embassadors , is to be auoided . Iouius reporteth it y y Ioui . lib. 28. They were sent as Embassadors to Charles the fift , and Pope Clement the seauenth staying at Bonomia , and being Macthants , caried with them ( such was their extreame couetousnes ) certaine wares to make gaine of , thinking they should be free from custome , as going vnder the name of Embassadors necessaries . But this being perceiued to the two great Estates , moued the Emperour to laughter , and the Pope to anger , who was a citizen of Florence . The Legates departed with infamy , which they well deserued for abusing so honorable a calling by such base indignitie , which may be a warning to all to preferre their credit before their greedie desires .

Dilligence in the pursuing of any studie is of great weight and moment , and in the studye of the Lawe it hath principall force and effect , for the cases are many in number , which must be read , remembred , and applyed , which cannot bee compassed but by extreame diligence . And whereas some pretending a lumpish idlenes , would haue the Lawe measured with narrowe limits , and woulde haue the multitude of volumes , cases , rules , and diuersities abridged and made lesse , surely they giue large testimonie of their great desire of ease . But ease is a very badde medicine for difficultie , and their pretense is wholy repugnant to reason , yea to possibilitie . They that would haue fewe lawes , must procure that there be fewe causes , and little busines , which it is not possible for any to bring to passe . If it were possible for these faint students to take away the infinite and the innumerable affayres and actions of men , then that which they require might sort to good effect . But that lyeth not in their power , and therefore they should surceasse theyr sluggish surmise . For this cause Ludouicus Viues is iustly reprehended of Albericus Gentilis , in that he held , that all things might be finished by fewe lawes , whome Gentilis a a Albericus Gentilis dialogo primo de iuris interpretibus . affirmeth , to fight against common experience . For if many contentions or controuersies should happen , which none can bridle or preuent , if the lawe shoulde not handle , discusse , and determine them all , the lawe shoulde doe iniurie , and it should not be the handmayd of Iustice , it should not Suum cuique tribuere . So that in the Students minde this resolution must bee fixed , not to sinke vnder the burden , but with all conuenient industrie to followe hys Studye , neuer to be wearie of paynes , nor to slacken his endeuour , sith nothing of price and accompt is purchased without great labour , by which hee may attayne to the knowledge of many excellent thinges more worthie of admiration , then prayse . Neither is it seemely to pretende weakenesse of bodye , and tendernesse of complexion , when health and strength doe well serue , and may well be imployed in Studye . Ciceroes bodye was neyther of yron , nor of oake , yet hee was not broken , nor in manner altered by continuall night-watchings , noone-sittings , and morning-risings , by many laboures , contemplations , and studyes , by the great charge of hys houshoulde , by the weightie care of the common-weale , by writing manie bookes , and epistles without number , as Cardanus well obserueth .. b b Lib. 4. de sanitate tuend . c. 16. and why should any man despaire to doe that which another hath done , especially hauing the like disposition of minde , the like faculties and meanes to attaine to knowledge , and the like desire . This diligence doth chiefely shew it selfe in reading and hearing . It is not fit for him that heareth or readeth , to haue a mind wauering from the purpose , and as it were going on pilgrimage . A man is then said to floate in fancie , and to wander in thought , when hee doth not bend his minde to that which is handled , and when he is amongst his bookes in bodie , but not in minde , or when he is present at some reading , and doth not shew himselfe attentiue , but doth number the tiles of the house , or buildeth in the aire , or doth nothing lesse then that which he should do : but the force of the mind must bend it selfe to that thing only which is to be conceiued . For the power of our mind and vnderstanding is more strong when it is vnited , then when it is dispersed , and distracted into many parts .

Pluribus intentus minor est ad singula sensus .

But as these things forenamed are of great consequence and value to the Student , so wisedome that rare and excellent vertue of the mind is of great importance , which I do rather exact , then require in a Student , for without it nothing can be done decently or perfectly : and surely to a Student of the law it doth specially appertaine , for it doth consist in the cunning discerning of the truth of euery thing . c c Cicer. Offic. lib. 1. And a Student ought not only well to deliuer things conceiued , but well to iudge of them , and in this part standeth the best part of a Lawyer . It is the propertie of a wise man most sharply to perceiue what is true , what is false in euery cause and controuersie , not to be deceiued nor inueigled , not to be vnconstant in opinion , nor ignorant in the circumstances of things . The ordinarie meane to attaine to wisedome , is to vse time and diligence sufficient for the consideration of things , to heare reasons on both sides contending in his mind as it were armed and professed enemies , not to iudge of any thing rashly or hastily , nor to giue a sleight censure of weightie matters . For as Fabius sayth in Lyuye d d Liuius lib. 22. Omnia non properanti clara certaque fiunt , festinatio improuida ac caeca est , All things are plaine and certaine to him that is not rash nor headie . Haste is improuident , and blinde , which is therefore rightly termed of Plato Nouerca Scientiae , The stepdame of knowledge .. e e Plato in politic . And the Aetolian Magistrate sayd well , ee ee Liuius lib. 31. That there is nothing so great an enemie to good aduise , as haste , which bringeth pennance swiiftly , but warning too late , and without profit , because counsaile hastilie giuen cannot be reuoked , neither can the thing which is disordered by badde aduise , be entirely restored or brought into order againe . But where a man taketh time sufficient , hee cannot be sayde to doe any thing rashlie . Wherefore not vnfitlie hath it beene defined by some to be the knowledge of the oportunitte of doing things aright , and the cause that all things be well done , f f Diogen . Laer. in vit. Platonis . Cicer. lib. 1. officior . , and it hath not onely a stroake in worldly affayres , but euen in matters of religion : for by it a man may be so directed , that hee may neither decline to superstition , nor to that which is contrary vnto it , namely , impietie or atheisme . And it is the leauill or compasse of all other vertues in the accidents and affaiers of this life . It will shewe the times and measure of boldnes and audacitie , least it turne to rashnes and impudencie . It will so order Temperance the mother of order , that it may not be accompted rudenesse or inciuilitie . It will guide Iustice which gouerneth all things , least it turne to crueltie : nay it wil moderate it selfe , least it be termed craft or deceipt . By these effects the Student may easily perceiue , how necessary it will be vnto him .

The qualities aboue mentioned , do so directly respect a Student , that they may be numbred in the ranke either of adiuments , or ornaments . One thing yet remayneth , which is , to be placed and raunged amongst the ornaments only , being a meere ornament , yet it doth as much adorne , as the other doe helpe : and that is curtesie or mildnes , which doth as much decke and illustrate any gentleman , as the dyamond doth the gold to which it is fastned , or as the chaine of the necke doth giue a luster to the brauerie of the other partes , it setteth in order , garnisheth and graceth the other giftes of the minde , without which they shoulde be vnsauorie , and want applause . I distinguish it from Ciuilitye called Vrbanitas , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for that is onely to be seene in publique meetings and assemblyes , but this may shewe it selfe within a mans priuate walles , or chamber , and may be vsed betwixt man and man . Most loathsome and deformed are the manners of the Stoikes , who whilest in sowernes of minde they seeke to ouercome mans nature , do exceede it , and of men they become beasts . And such manners haue disgraced men of excellent abilitie . Coriolanus was by nature a Stoike , and his roughnes of maners is iustly & worthilie reproued of Dionys. Halicarnastaus g g Dionys. Halicarnast . lib. 8. Cato was both by nature and profession , whom for his bitter austeritie Erasmus condemneth h h Erasmus in Encom . mo●ae . . And surely I thinke that such rugged behauiour doth relish harshly , and is sometimes vnpleasant to them who by naturall inclination do fauour it . Heare therefore a Stoike dispraysing a Stoike . Cu. Piso ( sayth Seneca ) fuit a multis vitijs integer , sed prauus , & cui placebat pro constantia rigor i i Senec. lib. 1. de ira . Cu. Piso was free from many faultes , but yet a froward man , and was delighted with stifnes of minde in stead of constancie . Florus hath noted the currishnes of Romulus with a perpetuall blot of infamie , Romulus ob asperitatem morum a Senatu discerptus est k k Flor. lib. 1. histor. . Romulus for the roughnesse of his manners was torne in peeces of the Senate . But mildnesse is of that sweete and delectable nature , that it pearceth the stonie harts of barbarous people , it affecteth their eyes and eares , it bendeth the most stubborne and insolent spirits , it findeth an easie way amongst swords , it ouercommeth wrath , and alayeth hatred .. l l Valeri . Maxi. lib. 5. c. 1. This I commend to the student as a principall meane to gaine fauour , loue , and good entreatie .