Cassius of Parma his Orpheus with Nathan Chitræus his commentarie, abridged into short notes: most profitable for the framing of the manners of schollers. Translated and abridged by Roger Rawlyns of Lyncolnes Inne, student in the common lawes.

Cassius of Parma his Orpheus : With Nathan Chitraeus his Commentarie , abridged into short notes : most profitable for the framing of the manners of Schollers .

Translated and abridged by Roger Rawlyns of Lyncolnes Inne , Student in the Common Lawes .

At London . 1587.

TO THE MOST HONOrable Lord , the Lord Robert Earle of Essex and Ewe , Vicount Hereforde , and Bourghchier , Lord Ferrers of Chartley , Bourghchier , and Louayne , Master of the Queenes Maiesties Horse , and Knight of the most noble Order of the Garter : Roger Rawlyns wisheth the true felicitie .

RIght Honorable , whereas Loue among men , was sometimes of so great accompt , as the same hath been taken to be the first and chief cause of a Common-wealth , and not vtilitie , ( as affirmeth the learned Scot ) which enforced men by a naturall instinct to communicate their priuate labors to publike vse , being for such their loue , requited with the loue of those , whom they did so benefite . Now , the matter is cleane contrarie : for who is more misliked of the worst , which are the most , than he that studieth most to common profite ? Which consideration , as it hath been one hinderance to me in my Studie ( the more is my fault ) so is it the cause , why I purpose to suppresse , to the vse only of my priuate friends , that , which otherwise , I could be contented should bee common . And although they can by no meanes occupie either their Sense , or Reason , but the same will leade them perforce vnto a thankefull remembrance of our fathers , who haue by cunning , either ordered the nature , or inuented , or ordered the qualities of things , in a most pleasant course : yet they themselues haue no care , to practize in the like manner , for their owne ease , and helpe of their posteritie : suffering their knowledge gotten in the time of their life , to depart with their last breath : And some more vnlouing than others , neither will themselues , neither will they without reproches , suffer others to labour in like practizes of Arte , seeming of condition , somewhat like the man , that being cured of follie , was highlie offended , affirming , that he neuer liued so pleasant a life , as when he was a foole . So as we may see ( except it be in some men more Christian than others ) now , churlishnes to succeede loue , vnthankefulnes , thankefulnes , follie , wisedome : that being most true in the multitude , which luuenal saith of his times : The earth doth now bring foorth , of bodie small Bad men , of little wit , or none at all .

But to the Cause , the Scope , and Center of all my speeches , that is , concerning the Arte , in studying , or ordering the Common Lawes , as I neuer fainted in opinion , that the same may bee performed , and in what manner : as staying my selfe vpon Principles , which of their owne nature are inexpugnable , and feare not the frowning of a Censurer . So doo I feare nothing more , than that I haue small part in the same performance : for I am hindered in the meanes , which are said to belong to a Student of the Common Laws , that is , to be leade in his seate , to haue an yron head , and a golden purse . For the first , how little time ( of late ) I haue sate at it , they could be are me witnes , that haue been acquainted with my busines . For the second , how greatlie I haue been distracted , I my selfe knowe , Nec ostentabo vulnera & sicatrices meas . For the third , my purse was neuer so heauie , but that I could lift it without helpe . Moreouer , I finde with some griefe by obseruation in other men , that he that practiseth in any publike cause , ( as Cardanus saith ) setteth to sale his owne imperfections , his faults will swell in the eyes of his Aduersaries , he must subiect himselfe to infamous slaunders , enuious reproches , and contempts , which notwithstanding ought againe of him to be contemned : Vt derisores nostros de sumno quasi despicientes , derideamus . Yet herein I doo content my selfe , as , he to descry land , whereunto the Pilot must guide the ship : or as a weake wretch , to giue aime vnto others , whose strings I am not able to stirre , and whom I wish , may strike the marke .

London this 27. of September 1587. From Crowne Court in Chauncery Lane . Your Honors most humble Ro. Rawlyns .

ILLVSTRISSIMO DOmino , Comiti Essexio , studiosorum omnium Mecaenati , R. R. hanc Chartam ( honoris causa ) dicat consecrátque .

CVi ( obsecro ) haec potiùs dicarem quàm tibi ? qui nobilitate excellis , Nec sinis ingenium nobilitate premi : Quare , Iuris meum Compendium non potest solùm meam in te obseruantiam apud omnes testari , sed etiam te huius sanctissimae disciplinae admonere : Sanctissimam disciplinam appello , quia tecum loquor , cui non est ignota eius praestantia , & diuinitas . Dubitarem sanè ita loqui si cum ijs sermo esset , qui , cùm artem sibi necessariam ignorent , eos odio prosequuntur , à quibus intelligunt seeo nomine superari : cupiúntque nulla esse iura , nullas leges , quo faciliùs arbitrio suo belluino omnia turbent . Sed , fremant , qui volunt , dicam quod sentio . Praestat iudicandi scientia , iudicandi potestati , & dignus igitur , qui praesit iudicio , praestat Iudici imperito . Haec omnia tu optimè scis . Itaque ad te libentèr veniet ars illa , quae iudicandi normam tradit , quae diuinas , humanásque res disponit , quae omnes homines in officio continet , malos poenis coercet , bonos praemijs afficit , & ( vt vno verbo dicam ) humanam societatem conseruat . Inquit IVLIVS PACIVS , Petro Saletano , epistola sua , in quatuor libros Institutionum , IMP. CAES. IVSTINIANI .

Tui honori deditissimus : R. Rawlyns .

To his louing Masters and friends , the Students of Lyncolns Jnne , R. R. wisheth profite and pleasure in their studies .

MOst beloued Gentlemen , I haue herein desperatelie aduentured vpon your fauours , hoping that you will take affection for satisfaction , where iudgement is wanting for currant payment . If I haue offended through follie or imperfection , you may giue me thankes for that , because therein is exercised your wisedome and patience , ( as Saint Paule speaketh of himselfe ) wisemen can easilie beare with fooles . If you shall iudge me of presumption , ( as the Prouerbe is , Sus Mineruam ) why then ( alas ) pardon that too , I most hartelie pray you : for , I must confesse , ( without flatterie ) that I doo so much the more feare your censures , by how much the more I long after your goodwills . The best for me , is , that the price of my bookes is but your pardon and loue , which ye may giue without cost : and which if ye shall denie me , yet will I not cease to loue you , and to cloy you with my countrey fruites .

Your most louing friend and seruant : Ro. Rawlyns .

Of Cassius of Parma , the Author of this Fragment .

COncerning the Author , it is thought that this was the very same man , of whom Horace maketh mention in the 1. of his Satyres , the 10. booke , verse the 62. to this purpose : Not otherwise then when a man hath brought His mind within the compasse of sixe feete : Pleasde herewithall , or if his hand haue wrought Two hundreth verses , ere he goe to meate : And after dinner , then as many moe : Such was the wit of that Etrurian Cassius , which as a running streame did flowe : So that a fire was made to burne this Man Of his owne writings , as the fame doth goe .

And againe Horace maketh mention of Cassius in the 1. booke , Epistle . 5. which he wrote to Albius Tibullus , the 3. verse .

Albius , O perfect Iudge of all our speach , What should I say , that thou hast now in hand ? Thou writest somewhat ( that may ouerreach Cassius his fragments ) in the Pedan land .

By which we may gather , that Cassius was of no small accompt , especiallie amongst those that were learned , and of iudgement .

Of Orphëus .

Therefore did Cassius ( as it seemeth ) giue this Pamphlet this inscription of Orphëus , as in commendation of whose labour in Studie , and Continencie , all his verses might be made . Of Orphëus , Plato maketh mention Booke 10. of his Commonwealth , where he faigneth , that Orphëus his soule ( when he died ) would not be borne againe of a woman , for the hatred which he bare to that Sexe , but did choose rather the life of a Swan , as Thamyris had done of a Nightingale .

Of the Argument of this Booke .

Cassius of Parma , would by these verses , as it were with the pencill of his wit , & eloquence , expresse the likenes & the patterne of a good and gentle Nature , contending to attaine the height and excellencie of learning and eloquence : and of such a Nature , he doth first shew ( not obscurely ) the signes , then the needfull helpes , next , what should be done of boyes , and yong men , while they are yet in the floure of their age : and lastly , what is by them to be auoyded , by the example of Orphëus , while he was yet but a yong man .

Cassij Parmensis Orphëus . Arguta primùm cùm plectra parentis , & auro Distinctam sumpsit citharam Rhodopëius heres , Ridehan● segnes pulsus , digitósque micantes Serius , & chordis indoctè dissona vocis . Mox pudor exardens , & gloria dulcis honesti , Lusibus auertit puerilibus : omnis & illùc Pèrditus incumbens , Musae pallebat amore . Et nunc maternis inhiat , nunc ille paternis Cantibus : hìnc illìnc discens dependet vtrinque . Nulla Venus faciem coepit mentita dolosis Compedibus : somni fuerat , parcusque Lydi : Donec , ridiculus dudùm , modulamine siluas , Euulsosque , suis scopulos radicibus egit : Ausus & ire vtam mortalibus inconcessam , Poenarum oblitos demulsit carmine manes . " Non leuis adscensus , si quis petit ardua : sudor " Plurimus hunc tollit : nocturno ex somnis oliuo " Immoritur : delet , quod mox laudauerat in se , " Qui cupit aeterno donari frondis honore .

The same Verses englished . When first the noble child of Rhodopy , His Parents quill , in tender hand gan hold , Therewith to sound his harpe of Iuory Decked with lynes and asterisks of gold : His singers drawled , and his strokes were cold With peering ioynts , wherewith they laugh , to see How to the strings his note did disagree . Straight shamefastnes enflaming with desire And glorious sweetnes of so faire a thing , From childish sports , which yonger yeares require , Doo turne him quite : hencefoorth to play and sing For life he plies : the loue whereof doth bring Palenes of face : yet still through earnestnes He hangs his iawe , while that with greedines He heares his father , or his mother play : On him , or her he listening doth depend Euen at their lips , no painted wanton , gay By borrowed hue , could force his heart to bend Such guilefull giues a liking eye to lend . Nor were his sleepe and food outragious : So that , now , he ( lately ridiculous ) Could cause the Rock to mooue , rent from the roote , And woods draw neere , he plaid and sang so well , That daring goe , where els no mortall foote Had trod : he stild the sprites and ghosts which dwell Below , did ease from punishments of hell . " None easie clyming can preuaile to gaine " Athing of woorth : it will be got with paine . Which who desires , that man endureth sweate , " Endangering his life through want of rest , " The ●asting oyle , can prooue his labour great : " What first he liked , now he doth detest , " And blots that thing , which whilome pleasde him best . " The man must , thus demeane himselfe ( I say ) " Who seekes the gift of neuer dying bay . "

Signes . 1 Good Parents . 2 An alacritie , or naturall quicknes of wit . 3 To blush , or to be ashamed of euill doing . 4 A desire to balance the euill deede with greater poize of well doing . 5 A moderate disposition to pastime or playing .

Helpes . 1 A good Teacher or Schoolemaster , as here is supposed by Apollo and Calliope , the Parents of Orphëus . 2 If the Parents being themselues learned , doo teach and ouersee the teaching of their children , and so are not constrained to giue credite to some blinde Schoolemaster , reasoning with as little iudgement , as a blind man doth of colours . 3 A mutuall affection betweene the Scholler and the Master , so as the Scholler doo beare a childlike loue to the Teacher , and the Teacher a fatherlike loue to the Scholler . 4 It helpes much oftentimes , if the child bee brought vp in the fathers vocation , with which , by seeing , and by hearing , euen from his cradle , he seemeth to be acquainted . 5 That he begin to be taught in due time , not too late , least he prooue a loyterer : nor too soone , least he be at the first discouraged . 6 That the Teacher be not oftentimes changed : for , as Trees often remoued take no sure roote in any ground : so children put from one Teacher to another , doo no great good any where . 7 That the Parents betweene themselues doo not varie , either concerning the matter or manner of their childrens education , especiallie in the hearing of their children , who will easilie take aduantage of such controuersies , and thereby , as in a doubt , whether they shall doo this thing , or that thing , they will not easilie applie themselues vnto any thing . 8 That the instruments , meanes , or tooles of their vocation , be in most faire wise ordered , as that a Scholler haue his booke of a faire print , well bound , phillited and spotted with gold , &c. for herein are children much delighted . 9 That all bee begun , with the helpe of God , which is here inferred , because that Apollo and Calliope , are said to haue been accompted among the number of the heathen Gods .

Things to be done . 1 The Scholler must nothing esteeme to be derided of others , for derision is incident to all good beginnings . 2 He must not be discouraged , though the thing seene hard at the first to be learned : for , nothing is casie at the first . 3 Though moderate recreation bee allowed , yet , he must not take it in too great measure : for , not wisemen but fooles keepe a continuall holiday . 4 Not many things , but onely one thing is to bee attempted for , one busines of anie moment will require one whole man . 5 He must prosecute his attempted and purposed vocation with earnest , and continuall labour : which , it is thought they doo , which are Louers of Enterprizes , of Paines , with heate and continuance . 6 He must bee a louer of learning : for , otherwise , bee his labour earnest , and continuall , yet it is done against the wooll , for he performeth it with great coldnes . 7 He must aske , and resolue questions , he must loue commendations , and bee desirous to finde out the trueth : that he bee readie to aske , heare , and put in practize the councells and resolutions of his betters . 8 An exchaunge of his good endeuours , with others his equalls for their like endeuours , and a comparing of the same together , with an emulation and desire to doo better , and with an amending of his owne doings .

Things to be auoyded . 1 A phantasie , or false opinion of his owne well doing . 2 Slacknes , which is , an intermission , or negligent handling of his Studie : which is like vnto retchlesnes , which neither knoweth , nor attempteth any good thing . Sloath knowing , but , not vrging , nor bringing the thing knowne , to a good end , but deferring euerie thing to another day , by pretence of idle excuses . Idlenes , which so performeth , that , as good neuer a whit , as neuer the better . 3 This nightly working , though it be here noted in Orphëus , yet is it not simplie to be commended , but the day must be to the Scholler to trauel in , the night for him to rest in : for by continuall labour are the eyes hurt , the wit dulled , the face in colour , and the bodie by swellings , and other diseases thence growing , deformed and corrupted . 4 A resolute determination , not to amend the things , which he liketh himselfe , without cause , which seemeth to be somewhat like the first poynt Orphëus here doth the contrarie , what late he liked , now he doth detest . For , a Scholler ought , vpon good reason shewed , to relinquish his owne vntrue , vncertaine , or worser course , to followe the more certaine , and better course of another man . 5 Lust , or vnlawfull loue , which comming of Sloath , is nourished by excesse : and how can he entend to his studie , or any other good medirations , who , as it is in Plautus , is like a wretch , vexed , troubled , and tossed in the slaughter house of loue : who , where himselfe is , his mind is not : where he is not , his mind is . 6 Too much sleeping , which is called the brother of death , and as Menander saith , A patterne Vnto men , and an image of death . 7 Ouerliberall diet , or gluttonie , which is a beastlie vice in them , who like hogges , seeme to grunt out these words : We care not for Rumors , so that we may haue wherewith to fill the Rume .

FINIS .

NESTOR his Antilochus : Poynting out the trueth and necessitie of Arte in studie : by R. R. of Lyncolnes Inne , Student in the Common Lawes .

Ridentem dicere verum Quis vetat ? Iuuenal .

At London . 1587.

NESTOR HIS Antilochus .

WHen I was come to reade this Prosopopey , wherin Homer , the chiefe of Poëts , who is said to bee accompanied with the Muses , was to make a speach of counsaile , fit to beseeme the prudent King Nestor , called The Sheapheard of men , to giue to his owne sonne , to the winning of a worthie prize , and with the prize renowne , amongst other Runners , noble Kings and Princes of Greece , which was by Achilles ordained , to the celebrating of the funerals of his deare friend Patroclus , hauing hungerlie tasted other of his pleasant deuises , I conceaued hope , herewith to bee fed , euen , ( Ad satietatem ) to fulnes : Neque spes fallebat amantem . These be the verses :

When prudent Nestor , standing neere his sonne Wise like himselfe : his counsaile thus begun . Antilochus : because , while but a lad Both Ioue and Neptune ( louing thee full well ) All horsemanship , which either of them had Haue taught thee : now I need not much to tell : Yet though thou know the raynes to loose and pull , Be circumspect withall , thine horse be dull . Their horse indeed are farre more swift , yet thou With warie wit , maiest counterpeize their pace : Then all good councell take vnto thee now My friend , to get the credite of the Race : The Carpenter by Arte doth bring to passe That feate , which flies the strong , yet brainles Asse . Againe , by Arte , the Pilot , he doth guide On troubled Seas , his swift and tossed barke : By Arte , the Couch-man knoweth how to ride : To leaue his fellowe farre behind the marke . The man , who trusteth to his horse and Couch , Full fraught with follie , wandereth too much Amidst the Race , and lets his horses stray , When , who knowes helpes , although his horse be bad : An eye vnto the marke , he still doth lay , And driueth close , with pace , discreet , and sad . He raynning well , doth euermore obserue The goale , from which , he careth , not to . swerue .

1 And first , whereas the Poët , supposeth the Hearer ; to be wise like the Speaker , he therein councelleth , that no precious stone be throwne before a Cocke , no learned speach to be vttered to swinish men : Qui balbi , praeter balba , nihil intelligunt , & palatum habent sapientius quàm ingenium : who can better rellish reasons of the sunne , than reasons that proceed from men .

2 For the Allegorizing hereof , from the particular vse of Arte in riding , to the generall vse thereof in Studying : least I should therein seeme to deale as auckwardlie , as the Grammar Scholler did in his Simile : ( Euen as a Ship is tossed on the Sea , so ought a father to loue his child ) it is to bee remembred , that by some learned , the Affections , which follow the Sense , and are common to vs with beasts , are likened to Horses : The Hart and Braine wherein the Soule hath her chiefe residence , to the Seate of a Chariot , the whole bodie to a Chariot , and Reason the power of the Soule , to the Rider , which as with raynes keepeth back , or putteth forward the Affections , least they being too dull , should hinder from good : or too forwarde , should leade both bodie and soule to hurt : whence seemes to be taken the raigning of Princes : for they being of a farther reach and entendment than the common sort , do seeme no otherwise than the Rider doth the Horse , than Reason doth the Affections , to excell in ruling the common people , who are numbred among the three euills : Ignis , mare , Populus , tria mala . In conclusion the Allegory holding as before , I may translate this verse .

Fertur equis Auriga , nec audit currus habenas .

Thus : Affections doo beare the man away , Which Reasons Rule , will neare adeale obay .

3 Nestor graunting naturall wit and consideration to his sonne , and yet giuing him counsaile , or knowledge of Arte , doth confirme that difference , betweene Consideration and Prudence , which is taken by Sir Thomas Eliot , viz. Consideration to be a bare considerance of the Causes , but Prudence to be with a consideration , a continuance also of the Causes helping , and an auoydance of the Causes hindering , the atchieuing of the ends of our purposes : that one being more proper to youth , this other to age . For which reason , Antilochus hauing by sleight , not by prudence , gotten the prize from the wise and aged King Menelaus , yet deiecting himselfe , and acknowledging Menelaus his wisedome , offereth him his gotten prize , with these words : O Menclaus , suffer now this wrong , Your yeares are more , your wisedome greater too Than mine : for why , I am but very yong : And youth ( you know ) doo many waies misdoo . And though mine wit more readie be than thine , Thy prudent counsaile ouerreacheth mine . Which modest confession of Antilochus notwithstanding , yet wisedome is not alwaies in the gray haire , but in such as doo ouercome their Affections , according to that saying : Sedatis & extinctis cupiditatum ardoribus , & calore iuuenili refrigerato , cum quadam tamen naturali probitate , senescere debent , qui sapientiam inhiant . But now for the councell or knowledge of Arte , which I haue said Nestor gaue vnto his sonne , it is to be remembred that the word 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 is translated Ars , Consilium , or Prudentia , and 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , the Coniugate thereof , Artista , Consiliarius , or Prudens . Now , if Arte and Counsaile , an Artist and a Counsailor be conuerted , it should seeme , that a Councellor should haue skill in Arte , especiallie , for that , that our Lawes are knowne by the name of Iurisprudentia , and Arte , and Prudence , are signified by one and the same word 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 .

4 I hope I shall not stretch the figure , if by the more swiftnes of Horses , I vnderstand , a greater promptnes and alacritie of wit in some , than in other some . For by likening the Affections to Horses , I entend all other naturall gifts common to vs with Beasts , as Ingeny , in which the Foxe excelleth the Asse , and in which , some men exceed others naturallie , and yet they againe , by Arte & good habite of them , whom they doo naturally excell for wit , are themselues excelled : which meaning I applie to this place . The excellencie of Arte , aboue naturall wit , may appeare by the euent of that controuersie betweene Atax and Vlisses , in penning whereof , Ouid , though in other matters he goeth beyond many other Latine Poets , yet therein he excelleth himselfe : In which controuersie , though he attribute vnto Aiax a good naturall wit , as appeareth in that , he vrged , whatsoeuer might stand , to the setting out of his owne worthines , in remembring the leawd and cowardlie pranckes of Vlisses , in extenuating those deedes of Vlisses , whereby he had gotten credite with the Graecians , yet Vlisses by more skilfull and artificiall insinuation with the Iudges , in vrging his own Acts with more modestie , and Aiax his faults more sharplie , in extenuating his good deedes more cunninglie , and either passing ouer with silence , putting ouer to others , or els auoyding fault with fault , one of his owne by obiecting another to Aiax , he got the Armour , which causeth the Poët to conclude . Mota manus procerum est , &c.

The Nobles , which were Iudges , did agree , And then , what cunning could , a man might see : The strong mans harnes , was the wise mans see .

Which excellencie of cunning aboue wit and strength , may also appeare by that part of Vlisses his speach , wherein he compareth himselfe with Aiax , to this meaning : I doo foresee , but thou without a minde Bearst strength : thou knowest to fight , but I the fit Seasons for battaile , with Atrides finde : Thou but in bodie : we excell in wit . How much the Pilot doth the Mariner , How much the Captaine doth excell his man , So much am I for policie thy better : And of my bodie , by mine heart I can Performe by farre , more than I may by hand : In inward parts doth all the glorie sland .

Which excellencie of wisedome aboue strength , may also appeare by the metiment , wherewithall Master Martin Luther is said to haue iested at those Swatrouters , so called of their blacke Curtolles , wherewith they serued , and at such other Launce Knights , who cutting their horse tailes the beautie of horses , ware feathers in their helmets ( a feather and a penne , being in Latin signified by one word Penna ) entending , that now Souldiours did cease to take their glorie from strength , which they defaced , and ascribed the same to learning , which they aduaunced .

5 This Simile is herein excellent , because ( as I haue elsewhere shewed ) Mezimmah , which signifieth Structura , signifieth also , Prudentia , or Dolus malitiosus , no difference , being betweene Prudence and Subtiltie , in the manner of doing , but in the purpose of the doer : So as Prudence being in the Hebrew tongue , so called of a building : the Simile seemeth good . I knowe not whether the ruling of the Magistrate may be said of the Carpenter his Rule , wherewith he ordereth in iust measure and proportion .

The Pilot : Tully hath the same Simile , whereof Princes are said , Clauum tenere Reipub. To sterne the Common-wealth .

That of the Couchman : is continued through the whole discourse , and is commended as before .

6 The mind may bee said to bee besides her gouernment , or to stray either by impotencie of nature , by euill habite , or by want of good habite : when the defect is by nature , we call the man either a naturall , or an ideot . An Ideot , may be said he , that exercising the phantasie with idle contemplations , neuer discendeth to particulars . But , when this exercise is in iudgement vnto some certaine end , then is it no fault , but necessarie to studie : for who was more famous amongst the Philosophers for any thing , than was Plato , called Diuinus , for his Idëa ? which signifieth ( originalis rerum species ) or as Tully calleth it ( ferè species ) it seemeth therefore , if vniuersalls be the beginnings of Studie : that they which labour almost wholly in particulars , goe not the neerest way . If this vse of the minde , be in Diuinitie , it is most commendable : for the Apostles are called 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : for they do lift from earthly things , and therfore are called separatae formae , and of 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , commeth the verbe 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , to see , which is as commonlie spoken of the mind as of the Sense : whence cunning men were sometimes called Seers : and these make one part of Arte. But if this qualitie of the mind , in considering Vniuersales do there rest , not discending to particulars , the knowledge of which are the other part , or orderlie perfecting of Arte , Arte being of things also , and not all onely , of those separated formes : then is it said of such Schollers , that the greatest Clarkes are not the wisest men . That straying of the minde , which commeth by euill habite , is either when a man is De non sane memory , or non compos mentis : The first , when reason is vtterlie defaced , comming , either by ouer labouring the minde , or by predominance of the affections , which make a man forget what he sometimes was , or by cuill habite of the bodie , either in health , by defect , or superfluitie of meates , defect of sleepe , or by sicknesse . The other may come by the same meanes , but differeth in the manner , as being able which the other cannot ) to speake the trueth in manner of discourse , but not in ( the matter of discourse , as of him , that would fetch ouer the old Moones , and would bring ouer Ilands , because younger brothers wanted in England . The minde straieth for want of good habite , either when wee are deceaued in the Principles , or in not exact considering of the particulars : or else when the mind hath not gotten the masterie of the Affections , but reason yeeldeth , by reason of the continuall fight betweene the flesh , and her Ruffians with the Soule , which is called 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , The warre of nature , whence Ouid maketh Medea , being in loue with Theseus , to dispute her owne cause , thus , pro , and contra .

Shake off ( if that thou mayst ) from maidens brest These flames of loue , which thou doest entertaine : Vnhappie , if I could , it were my best , But this new force doth otherwise constraine : And when that loue one thing perswades me to , Reason , another thing , would haue me do .

Reason being at the last ouercome , she thus concludeth .

I see the best , and doe allowe the same , I follow bad .

7 The Aegyptians , by an eye , looking foreright , in their Hierogliphikes , betokened Prudence : And thereto agreeth the common saying : Remember the end , and thou shalt not doo amisse : which I vnderstand , to be spoken not onely concerning death , but also concerning the practizes of Studie .

8 Soft fire makes sweete malt , and Soft and Sure , are the Prouerbes . The words in this place , are , Bouinis loris , An oxes pace : for Softnes Ennius commendeth Fabius .

One man delaying , hath restorde our wealth , Not prizing Rumors higher than our health .

9 That the shame of being foyled , ought to bee a great encouragement to well doing , whence Nestor bidding his sonne beware , least in vnaduised driuing , he should wound his horses and breake his Chariot , he addeth what would thence followe .

Sport to thy fellowes , but a shame to thee , Considering therefore , all so prudent bee .

Which in our purpose , differeth not much from that of Horace .

Of idlenes contempt will growe in end : Oh shame for me to liue without a frend .

And that of Virgil.

He knowing his owne Vertues , Very shame Doubled his strength , and did his force enflame .

10 Perseuerance is councelled : which is hence noted in Antilochus , that when Atrides being offended , did counsaile him to driue after another manner than he did .

Antilochus , without regard or feare , Droue faster still , as one that did not heare .

11 In generall , Arte is after one manner thus described , Ars est 〈◊〉 consideratio ex finibus assumptis , Arte is the consideration of causes from 〈◊〉 ends propounded : according vnto which , and orderlie consideration must be taken of the causes , as it is in this other description of Arte , Ars est ratio , ordinem & viam efficiens , Arte is reason , causing order and way : That is ordering , and making easie : So that from both these descriptions one more plaine may be drawne , which is this : Arte is an orderlie consideration of the Causes from certaine ends propounded : For , that which in the latter is saide Reason , is here Consideration : Order is included by his Coniugato ; Orderlie ; way is an effect and no efficient cause of Arte : for as a faire way is to a traueller , so is a way made by Arte , pleasant to a Scholler .

FINIS .

CERTAINE Generall Conclusions concerning the condition of our Common Lawes , and that of the same there may be made a Science .

By R.R. &c.

Let no man seeke his owne , but euery man anothers wealth .

1. Cor. Chap. 10. vers. 24.

As when an Eunuch offereth violence to a Virgin , so doth he which abuseth the Lawes .

Eccles.

At London . 1587.

Certaine generall Conclusions concerning the condition of our Common Lawes .

1 That of many imperfect Lawes , our Common Lawe , as hauing fewer imperfections , is most perfect .

THis shall be manifested by comparison . First , The Lawes of the Medes & Persians were of such condition , as that they might not be altered , whereby was taken away that Rule , which is the very Sinowes of all Lawes . Quod inconsultò fecimus , consultò reuocemus : Like vnto these were the written lawes of the Athenians . It is said of the Venetians , who ( besides our Common weale ) are of all Nations in the world chieflie gouerned by Common Lawes of their owne : He that shall substanciallie consider the manner of their proceedings , shall plainlie see that all matters are determined by the Iudges consciences , and not by the Ciuill nor yet by their owne Lawes : but all good Lawes grounded vpon reason doo exercise a power ouer the Judge himselfe , as shall be more plainlie shewed in the 9. Conclusion . Againe , it is said of their Lawes , that in triall of matter vpon life and death , the partie himselfe is neuer suffered to speake , but he hath an aduocate for him , and the Auagadori against him : So that many times the person tarieth two , three , and sometime foure yeares or euer he come vnto his triall of life and death . It is otherwise , and better in our Lawe , where the person is not onely suffered to speake , but also diuers prisons haue bookes touching Plees of the Crowne , by which some of them during the time of their imprisonment , become so cunning , as that they cannot onely iudge of their owne case , but also instruct others , whose cases are different from theirs : besides the Sessions or Gaole deliuerie are often times : so as the persons are not long troubled with the feare of death , which is worse than death it selfe . If wee shall compare our Lawe with the Ciuill Lawe , a learned Lawier Master Fortescue hath giuen an instance , how in the Ciuill Law triall is by witnesses onely , but in our Lawe by witnesse and by the Countrey , where also it is lawfull by iust proofe to except against a witnesse , and where the Iurie ( if the action be locall , of lands or houses ) is panelled , from , or as neere as may be to that Countie where the thing in controuersie lieth : which is a speciall poynt , in asmuch , as in vaine are good lawes made , if that in triall they may be corrupted .

Accipe sio legum errores , & crimine ab vno , Disce omenes .

But our lawes , as the lawes of the famous Law-giuer Licurgus , are not written , that is , they are not therefore lawes , because that they are written , as those of the Persians and Athenians , but they are yearely obseruations vpon manners , as are our yeare-bookes : whence it is said of the lawes of the Lacedemonians , and so likewise many be sayd of our lawes : Lacedamonij verò , non jure scripto , sed moribus tantùm vsu annorum comprobatis pro legibus vse sunt : Ideóque Locurgus leges scriptas Spartanis nullas dedit , sed omnium conscensu , mores , tanquàm silex edita fuisset , experiundo obseruárunt : hique adeò tenaces fuêre , vt omni scripto juri anteïrent . So that hence may be gathered two extremities : one , in attributing too much vnto the writing , as those of the Medes and Persians , and of the Athenians : another , in attributing too little to the writing , that is , to the written reason as those lawes of the Venetians , betweene both these standeth our lawe , neither giuing too much to the lawe , which without good reason is written , nor taking any thing from that lawe which is written with good reason .

2 That it is impossible that our Lawes , as they are now , should be perfect .

LIke as is the cause , such is the effect : but man in his reason vnreformed , is imperfect , therefore cannot the lawes be perfected without Logique , which is a Reason reformed .

The waies of God are perfect with iustice in mercie , but the lawes of men are mercilesse iustice , or rigor , whence the lawe is thus described : Lex est commune praeceptum , virorum prudentium , delictorum , quae sponte vel ignorantia contrahuntur coërtio , Reip sponsio communis .

Iustice , in regard of the imperfection and vntrueth of the precept , which no way can preiudice the perfection and trueth of Arte , is thus described : Iustitia est constans & perpetua VOLVNTAS suum cuique tribuendi : And againe , Lex est ratio suum vnicuique tribuens , vel id saltèm AFFECTANS . Lastly , because that by the alteration of times , it may bee necessarie to alter the lawes .

3 That though the Lawe in it selfe be rigorous and imperfect , yet as much as the common profite will suffer , it is made gentle , mercifull , and perfect by the Chauncerie .

FOr that is one end of that Court , and is therefore called a Court of Conscience , because it reasoneth on the part of the Complaynant by Argument taken from the law of nature Quod tibi fieri non vis alters ne feceris : & hence also is it called Cancellaria quasi Cancellans , as taking away & anihilating the extremities of the Common Lawes : So is the Clients matter in the Common Law termed a Case , but in the Chauncerie a Cause : A Case it is termed because , according to the description of casus ( casus dicitur quandò prater efficientis scopum , nec necessariò , neque euidenti causa antecedente , aliquid accidit ) the partie at the Common Law doth not of himselfe know the reason or cause why it is by law adiudged with , or against him : but it is otherwise in the Chauncerie , where he is more able by light of nature to foresee the end , and to giue a reason himselfe of his cause or matter .

The Iudge at the Common Lawe by reason maketh iust , or putteth a finite determination of the Lawe : but the Chauncerie adding nothing , it onely maketh equall , that is , by the vse thereof it tendeth more to a perfection : as when a Carpenter hauing cut his piller , doth not so leaue , but proceedeth to polish it : whence it is said of the Iudge of the Common Lawe , Ratio statuentis : and of the Iudge in the Chauncerie , Aequitas decernentis .

Where note that the Lord , Chauncellor is entitled with a speciall addition of discretion , because that he ought so to relceue the case of a priuate person , as notwithstanding the prudence of the Law may be kept touching common profite , for better is it to suffer a mischiefe to one man , than an inconuenience to the whole Common-wealth : and of this ballancing or discerning in causes may it be said of the Lord Chauncellor , Qui sub libra mansuetudinis , & lenimento clementiae cuncta deliberat . Now , waying is not but of two seuerall matters ; so as in one scale is the Common Lawe , in another Conscience : yet not that the Common Lawe doth neuer ioyne with Conscience , but because that Conscience cannot euer in all cases be joyned with the Common Lawes , and is by reason of the subtill practizes of common persons to deceiue lawes : so that the Iudge cannot so circumspectly pitch his hayes , but that these crastie fellowes will finde cuasions : for whereas Trespasse is described thus , Transgressio est , quicquid prater modum fit : and the manner or meanes of doing being but ab Accident in outward things , and the Common Lawe hauing abilitie to see no further : such subtill deuisers , will so handle those offences which they make , as the causes of the same resting only inward in their hearts , the partie grieued shall be left remedilesse at the Common Lawes : wherefore in this Court is the matter brought to light from out his conscience : and as for a Foxe which like as a Beare or Wolfe , will not rudelie rush into euerie engyne made for his apprehension this grin as proceeding of further purpose is ordained , as in case of a Pledge by Moses lawes , the defendant was driuen to an oath to end controuersies .

4 That notwithstanding the Lawes are imperfect , yet that of them so much as they are they may be made an Arte.

Because that Arte maketh nothing but of things alreadie made , putteth a distinct determination .

5 That the Lawe though infinite in practize , is notwithstanding finite in precepts .

FOr that thing may be certaine , finite , and perfect in precepts , which is vncertaine , infinite , and imperfect in practize : and so do I desire to be vnderstood whereas I said before of Reason that it was imperfect , wherby I meane , the practize of Logique , and so the practize of euery other Science : for I doubt not , but that there may be a perfect Logique . Ptolomey to this purpose putteth a conclusion : Certa possunt esse , qua tamon sunt infinita : which the Logitian ( as I take it ) expounding , saith , Rations certa sunt , quae numero sunt infinita : And to this purpose the Wiseman himselfe seemeth to affirme , saying , Mans wisedome is vnperfect , and his knowledge in each Science vncertaine . But who knoweth not , that nothing is more proper to any thing , than certaintie is to a Science concerning the precepts ? therefore must this vncertaintie and this imperfection be vnderstood of practize . The Lawyer saith of King E. 1. Quam juste , quàm misericorditèr , quàm discretè erga subditos suos tempore pacis , pacis author , & amator se habuit , non ambigitur : cùm tantae aequitatis sit suae celsitudinis cura , quòd , in ca nullus judicum tàm attritae frontis , tàm temeraria sit presumptionis , quòd à justiae tramite , aliquatènus declinare , aut aequitatis excedere praesumat . By which speach as he maketh it plaine , that the Law is an Arte , and so finite and perfect , so elsewhere , though calling the Lawe an Arte , yet comparing the same to the game at the Chests , he calleth it both infinite and imperfect , which we therfore must vnderstand of the practize : as thus , Haec quidem ars arts lusili Scaccarij rectè comparatur , tùm quod vtraque infinita est & imperfecta , tùm quòd sicut Rex , regem Scaccorum asfuta quarit subtilitate mactare , sic pars actrix litigád , vel disrationando , reum nititur conuincere , redargutum sua veritate , vel cautela .

Againe , of God it is said , that his waies are vnsearchable , and his pathes past finding out , therefore mans doings may bee sought for , mans doings may bee found out . The Wiseman saith that it is , The glorie of God to keepe a thing secret , but the Kings honor is to search out a thing : It is a mans honor to bring a thing to light : as to make a Science of that which is obscure : To giue some light that the lawes infinite in practize are notwithstanding finite in principles and reasons : let it be thus . As the Phisition hath finite Symples , and concerning them finite reasons , of which Symples , though he doo make infinite Compounds , yet are they all prooued good or bad to that end whereunto they are prepared , by reasons drawne from the finite Simples : So the Lawyer hath his finite elements , Acts , Persons , Things , and their Adiuncts , and concerning them finite reasons , of which though he compound Cases infinite , yet are all those cases decided , according to the finite reasons of the finite elements .

6 That such Lawyers as affirme , that there is no science of the Lawes , doe affirme that they professe they knowe not what .

BEcause ( that except the Law be wholly knowne ) there may be somewhat in the lawe which not being in the Councellor his knowledge may alter the case . Besides it is said , Forma dat esse , because that in all studie wee striue to perfection , which is a Science : therefore in that respect can no man be said to know the same , except he knowe the same as a Science : For as a web of Arras , beautifull for diuersitie of colours , goodlie for proportions , and profitable for the matter of the storie , is nothing so beautifull , nothing so goodlie , nothing so profitable , when as it is mangled and cut in peeces : so the Lawe dispersed here and there confusedlie , is nothing so beautifull , nothing so goodly , nothing so profitable , as if it were built vp in one Structure : Notwithstanding , if a man knowe the whole lawe but for any one case , for so much he may be said to haue the science of the whole lawe .

7 That for want of the science of the Lawes , the Queene way sometime loose her right , what she doth by lawe may be suspected of wrong : Iustice may be corrupted in the Iudge and Officer , and the making of the lawes more perfect , greatlie hindered .

WIthout instance I will speake in a generall manner , thus : because that such matters in lawe as are of one sort , as well of the Crowne , as of right and title in land , of debt , of trespasse , and of the case with the duetie and authoritie of officers in iudgement , as also of the writs , and of the Acts of Practize , lye so confounded togither , as forgetfulnes & neglect may cause ignorance through their misorders : whereas by Arte an easie way is made to finde euerie thing , and that fullie and whollie in his proper place : for that is the effect of Arte : whence a learned man faith , that Arte worketh , Vt non sit necesse quaerents , caepitulorum numerosit atem euoluere , cui , breuit as collecta , quod quaritur , offert sine labore . And of Diuision , it is said , Diuisio animum legentis incitat , mentem intelligentiae praeparat , & memoriam artificio●è reforman . The Lawes ( if in a Science ) might bee greatlie perfected : because that with better iudgement doo we apprehend and iudge of the effects of that thing which is composed and set vp before our eyes , than of that which is dispersed , and is not all at once presented vnto vs .

8 That Logique is the instrument of the science of the Lawe .

Because that it is the instrument of all Sciences .

9 That any argument drawne from Diuinitie or humanitie ( sauing the prudence of the Law , wherein may be crossed no rule of Diuinitie ) is of forcible proofe , though there be no bookes for it .

THis is prooued by the first definition of law : and he that shall denie a good argument so drawne for want of a booke , shall doo asmuch as take away the Sunne , from which the Lawe as the Moone taketh her light : for the principles which are taken from the lawe of God , of nature and of reason , are many more than those which are of Man , and are giuen by the absolute discretion of the Iudge , and which doo concerne the prudence of the Lawe . And therefore hereunto may be applied that saying of a Lawyer : Leges autem Anglicanas , licèt non scriptas , leges appellari , non est absurdum : Si enim ob solum scripturae defectum leges minimè censerentur , maioris procùl dubio auctoritatis robur , ipsis legibus videretur accommodare scriptum , quàm decernentis aequitas , aut ratio statuentis .

10 That though it require great practize to knowe the whole bodie of the Law and to order the same , yet may it being ordered and well opened be without difficultie vnderstood of a man , which is no Lawyer .

BEcause that to make easie is the end of Arte , and because that it is easier ( as experience teacheth ) to vnderstand many principles well put together , than to put many principles well together . So therefore may a man hearing the Lawe well deliuered , vnderstand the same , though he doo not professe the studie of it .

11 That whereof there is no reason giuen , that can be no Lawe , and so that the elder Lawe , if it haue the better reason , is the better Lawe .

BEcause that the Lawe is nothing else but reason , and ( as Tully saith ) that Venus taketh her name à Venustate , not Venustas à venere , so may it be said of the Iudge , that he taketh his name Iudex à Iudicio , not Iudicium à iudice . Raemus he saith of the inartificiall argument , which is Testimony , whereof Lawe is a species , Argumentum in artificiale est , quod non sua natura , sed assumpta alicuius artificialis vi arguit : It aque cùm exquisita rerum veritas subtiliùs exquiritur , perexiguam vim probationis habet : in ciuilibus autem , & humanis rebus plerumqùe hoc argumentum praecipuam fidem è moribus arguentis efficit , si prudentia , virtus , & beneuolentia adfuerint .

12 That of the two , it were better the Lawes were bad , and the Lawyers good , than to haue good Lawes and bad Lawyers .

BY how much the efficient is more worthie than the effect : for a good Lawyer being a good man , of necessitie must make good Lawes , but not conuertibly : for good Lawes are abused sometimes by the practizes of the professors themselues : whence is that saying , Meliùs gubernatur ciuitas ab optimo viro , quàm ab optima lege .

In Conclusion .

THat the Lawes ( though in themselues sometimes too strict ) are qualified , and so though being imperfect , are perfected , and though imperfect yet may they bee made an Arte : though Cases and their reasons are vncertaine and infinite in practize , yet are they certaine and finite , in precepts : though hard at the first to bee knowne and ordered , yet being ordered , they may with more ease be vnderstood by the Student , and by him being well opened may without great difficultie be vnderstood by the Client .

FINIS .

WHo knowes to plot the fashion of a frame , Albeit , it flatter not vnlearned eyes , T is like , can tell , how to set vp the same , Through little chinkes , that who such light espies , Encouraging he hasteneth for an end The good beginnings of a louing frend . But wretched I , for sight though not the worst , My feebled wits supporting ill their charge Surcharg'd ( alas ) in chase by men accurst , ( Whose honny mouthes their hidden wrongs enlarge ) As toyled Deere seekes shelter in the Towne , Do flie those curres , before you falling downe . For , well I knowe your helpe and fauour might Be staues , whereon my fainting Muse should guide Such steps , that Error could not strangle Right Through ideot tongues , or hearts of hellish pride : Your Honor shall be rich in title then , As Princes earst , a fosterer of Men. Malum , patienti , Lucrum .