victoris pendet nutu: such is their slavery, their lives and souls depend upon his insolent will and command-a tyrant that spoyls all wheresoever he comes; insomuch that an 'historian complains, if an old inhabitant should now see them, he would not know them; if a traveller, or stranger, it would grieve his heart to behold them—whereas (m Aristotle notes) novæ exactiones, nova onera imposita, new burdens and exactions daily come upon them, (like those of which Zosimus, lib. 2.) so grievous ut viri uxores, patres filias prostituerent, ut exactoribus e quæstu, &c. they must needs be discontent: hinc civitatum gemitus et ploratus, as "Tully holds; hence come those complaints and tears of cities, poor, miserable, rebellious, and desperate subjects, as Hippolytus adds: and, Pas a judicious countrey-man of ours observed not long since in a survey of that great Duchy of Tuscany, the people lived much grieved and discontent, as appeared by their manifold and manifest complainings in that kind; that the state was like a body which had lately taken physick, whose humours are not yet well settled, and weakened so much by purging, that nothing was left but melancholy. Whereas the princes and potentates are immoderate in lust, hypocrites, epicures, of no religion, but in shew-Quid hypocrisi fragilius? what so brittle and unsure? what sooner subverts their estates, than wandring and raging lusts on their subjects wives, daughters? to say no worse. They that should facem præferre, lead the way to all vertuous actions, are the ringleaders oftentimes of all mischief and dissolute courses; and by that means their countries are plagued, and they themselves often ruined, banished or murdered by conspiracy of their subjects, as Sardanapalus was, Dionysius junior, Heliogabalus, Periander, Pisistratus, Tarquinius, Timocrates, Childericus, Appius Claudius, Andronicus, Galeacius Sforsia, Alexander Medices, &c. Whereas the princes or great men are malicious, envious, factious, ambitious, emulators, they tear a common-wealth asunder, as so many Guelfes and Gibellines, disturb the quietness of it, and, with mutual murders, let it bleed to death. Our histories are too full of such barbarous inhumanities, and the miseries that issue from them. Whereas they be like so many horse-leeches, hungry, griping, corrupt, 'covetous, avaritiæ mancipia, ravenous as wolves, (for, as Tully writes, qui præest, prodest; et qui pecudibus præest, debet eorum utilitati inservire) or such as prefer their private before the public good (for, as the said long since, res private publicis semper officere)-or whereas they be illiterate, ignorant, empiricks in policy, ubi deest facultas, "virtus, (Aristot. pol. 5. cap. 8.) et scientia, wise only by inheritance, and in authority by birthright, or for their wealth and titles-there must needs be a fault, a great defect, because, as an "old philosopher affirms, such men are not alwayes fit -of an infinite number, few alone are senators; and of those few, fewer good; and of that small number of honest, good, and noble men, few that are learned, wise, discreet, and sufficient, able to discharge such places-it must needs turn to the confusion of a state. For, as the princes are, so are the people; qualis rex, talis grex: and, 'Sabellicus. Si quis incola vetus, non agnosceret; si quis peregrinus, in gemisceret. Polit. 1. 5. c. 6. Crudelitas principum, impunitas scelerum, violatio legum, peculatus pecuniæ publicæ, &c. " Epist. De increm. urb. cap. 20. Subditi miseri, rebelles, desperati, &c. PR. Dallington, 1596, conclusio libri. a Boterus, 1. 9. c. 4. Polit. Quo fit ut aut rebus desperatis exulent aut conjuratione subditorum crudelissime tandem trucidentur. Mutuis odiis et cædibus exhausti, &c. · Lucra ex malis, sceleratisque caussis. Sallust. For most part, we mistake the name of politicians, accounting such as read Machiavel and Tacitus, great statesmen, that can dispute of political precepts, supplant and overthrow their adversaries, enrich themselves, get honour, dissemble. But what is this to the bene esse, or preservation of a common-wealth? Imperium suâpte sponte corruit. Apul. Prim. Flor. Ex inaumerabilibus, pauci senatores genere nobiles; e consularibus pauci boni: e bonis adhuc pauci eruditi. Non solum vitia concipiunt ipsi principes, sed etiam infundunt in civitatem; plusque exemplo, quam peccato, nocent. Cic. 1. de legibus. ་ which Antigonus right well said of old, qui Macedoniæ regem erudit, omnes etiam subditos erudit, he that teacheth the king of Macedon, teacheth all his subjects, is a true saying still. For princes are the glass, the school, the book, Corrumpunt vitiorum exempla domestica, magnis their examples are soonest followed, vices entertained: if they be prophane, irreligious, lascivious, riotous, epicures, factious, covetous, ambitious, illiterate, so will the commons most part be, idle, unthrifts, prone to lust, drunkards, and therefore poor and needy (ἡ πενία στάσιν ἐμποιεῖ, κα κακουργίαν, for poverty begets sedition and villany) upon all occasions ready to mutiny and rebel, discontent, still complaining, murmuring, grudging, apt to all outrages, thefts, treasons, murders, innovations, in debt, shifters, cozeners, outlaws, profligate fame ac vite. It was an old politicians aphorism, they that are poor and bad, envy rich, hate good men, abhor the present government, wish for a new, and would have all turned topsie turvy. When Catiline rebelled in Rome, he got a company of such debauched rogues together they were his familiars and coadjutors, and such have been your rebels, most part, in all ages-Jack Cade, Tom Straw, Kette, and his companions. d C Where they be generally riotous and contentious, where there be many discords, many laws, many law-suits, many lawyers, and many physicians, it is a manifest sign of a distempered, melancholy state, as a Plato long since maintained: for, where such kind of men swarm, they will make more work for themselves, and that body politick diseased, which was otherwise sound-a general mischief in these our times, an unsensible plague, and never so many of them; which are now multiplyed (saith Mat. Geraldus, a lawyer himself,) as so many locusts, not the parents, but the plagues of the countrey, and, for the most part, a supercilious, bad, covetous, litigious generation of men- crumenimulga natio, &c. a purse-milking nation, a clamorous company, gowned vultures, qui ex injuria vivunt et sanguine civium, thieves and seminaries of discord, worse than any polers by the high way side, auri accipitres, auri exterebronides, pecuniarum hamiola, quadruplatores, curia harpagones, fori tintinnabula monstra hominum, mangones, &c. that take upon them to make peace, but are indeed the very disturbers of our peace, a company of irreligious harpyes, scraping, griping, catch-poles, (I mean our common hungry petty-foggers, Tabulas forenses-love and honour, in the mean time, all good laws, and worthy lawyers, that are so many oracles and pilots of a well governed commonwealth) without art, without judgement, that do more harm, as f Livy saith, quam bella externa, fames, morbive, than sickness, wars, hunger, diseases: and cause a most incredible destruction of a common-wealth, saith Sesellius, a famous civilian sometimes in Paris. As ivy doth by an oke, imbrace it so long, until it hath got the heart out of it, so do they by such places they inhabit: no counsel at all, no justice, no speech to be had, nisi eum præmulseris: he must be fed still, or else he is as mute as a fish; better open an oyster without a knife. Experto crede, (saith Salisburiensis): in manus eorum millies incidi; et Charon immitis, qui nulli pepercit unquam, his longe clementior est -I speak out of experience; I have been a thousand times amongst them; Epist. ad Zen. Juven. Sat. 4. Paupertas seditionem gignit et maleficium. Arist. pol. 2. c. 7. Sallust. Semper in civitate, quibus opes nullæ sunt, bonis invident; vetera odere; nova exoptant; odio suarum rerum mutari omnia petunt. De legibus. Profligate in repub. disciplinæ est indicium jurisperitorum numerus, et medicorum copia. In præf. stud. juris. Multiplicantur nunc in terris, ut locustæ, non patriæ parentes, sed pestes, pessimi homines, majore ex parte superciliosi, contentiosi, &c.-licitum latrocínium exercent. Dousa, epid. Loquutuleia turba, vultures togati. 4 Bare. Argon. • Jurisconsulti domus oraculum civitatis. Tully. Lib. 3. Lib. 1. de rep. Gallorum. Incredibilem reipub. perniciem afferunt. Polycrat. lib. and Charon himself is more gentle than they: he is contented with his single pay; but they multiply still: they are never satisfied: besides they have damnificas linguas, (as he terms it) nisi funibus argenteis vincias: they must be feed to say nothing, and get more to hold their peace, than we can to say our best. They will speak their clients fair, and invite them to their tables: but (as he follows it) of all injustice, there is none so pernicious as that of theirs, which, when they deceive most, will seem to be honest men. They take upon them to be peace-makers, et fovere caussas humilium, to help them to their right: patrocinantur afflictis; but all is for their own good, ut loculos pleniorum exhauriant: they plead for poor men gratis; but they are but as a stale to catch others. If there be no jar, m they can make a jar, out of the law it self find still some quirk or other, to set them at odds, and continue causes so long, (lustra aliquot) I know not how many years, before the cause is heard: and when 'tis judged and determined, by reason of some tricks and errours, it is as fresh to begin, after twice seven years sometimes, as it was at first; and so they prolong time, delay suits till they have enriched themselves, and beggared their clients. And, as " Cato inveighed against Isocrates scholars, we may justly tax our wrangling lawyers,-they do consenescere in litibus, are so litigious and busie here on earth, that I think they will plead their clients causes hereafter, some of them in hell. • Simlerus complains, amongst the Suissers, of the advocates in his time, that, when they should make an end, they begin controversies, and protract their causes many years, perswading them their title is good, till their patrimonies be consumed, and that they have spent more in seeking, than the thing is worth, or they shall get by the recovery. So that he that goes to law (as the proverb is) P holds a wolf by the ears; or, as a sheep in a storm runs for shelter to a brier, if he prosecute his cause, he is consumed if he surcease his suit, he loseth all: what difference? They had wont heretofore, saith 9 Austin, to end matters, per communes arbitros; and so in Switzerland, (we are informed by Simlerus) they had some common arbitrators or dayesmen in every town, that made a friendly composition betwixt man and man: and he much wonders at their honest simplicity, that could keep peace so well, and end such great causes by that means. At Fez in Africk, they have neither lawyers, nor advocates; but, if there be any controversies amongst them, both parties, plaintiff and defendant, come to their Alfakins or chief judge; and at once, without any farther appeals or pitiful delays, the cause is heard and ended. Our fore-fathers, (as a worthy chorographer of ours observes) had wont, pauculis cruculis aureis, with a few golden crosses, and lines in verse, to make all conveyances, assurances. And such was the candour and integrity of succeeding ages, that a deed, (as I have oft seen) to convey a whole manor, was implicite contained in some twenty lines, or thereabouts; like that scede or scytala Laconica, so much renowned of old in all contracts, which "Tully so earnestly commends to Atticus, Plutarch in his Lysander, Aristotle, polit. Thucydides, lib. 1. Diodorus, and Suidas, approve and magnifie, for that Laconick brevity in this kind; and well they might; for, according to Tertullian, certa sunt paucis, W Is stipe contentus: at hi asses integros sibi multiplicari jubent. j Plus accipiunt tacere, quain nos loqui. Totius injustitiæ nulla capitalior, quam eorum, qui, cum maxime decipiunt, id agunt ut boni viri esse videantur. Nam quocunque modo caussa procedat, hoc semper agitur, ut loculi impleantur, etsi avaritia nequit satiari. Camden, in Norfolk. Qui, si nihil sit litium, e juris apicibus lites tamen serere calleut. Plutarch, vit. Cat. Caussus apud inferos, quas in suam fidem receperunt, patrocinio suo tuebuntur. Lib. 2. de Helvet. repub. Non explicandis, sed moliendis controversiis operam dant, ita ut lites in multos annos extrahantur, summâ cum molestiâ utriusque partis, et dum iuterea patrimonia exhauriuntur. P Lupum auribus tenent. a Hor. Helvet. repub. Judices quocunque pago constituunt, qui amicâ aliquâ transactione, si fieri possit, lites tollant. Ego majorum nostrorum simplicitatem admiror, qui sic caussas gravissimas composuerint, &c. Clenard 1. 1. ep. Si quæ controversiæ, utraque pars judicem adit: is semel et simul rem transigit, audit: nec, quid sit appellatio, lacrymosque mora, noscunt. Camden. Lib. 10. epist. ad Atticum, epist. 11. Biblioth. 1. 3. Lib. de Anim. Lib. de there is much more certainty in fewer words. And so was it of old throughout: but now many skins of parchment will scarce serve turn: he that buys and sells a house, must have a house full of writings; there be so many circumstances, so many words, such tautological repetitions of all particulars (to avoid cavillation they say): but we find, by our woful experience, that, to subtle wits, it is a cause of much more contention and variance; and scarce any conveyance so accurately penned by one, which another will not find a crack in, or cavil at: if any one word be misplaced, any little errour, all is disannulled. That which is law to day, is none to morrow; that which is sound in one mans opinion, is most faulty to another; that, in conclusion, here is nothing amongst us but contention and confusion. We bandy one against another; and that, which long since Plutarch complained of them in Asia, may be verified in our times-These men, here assembled, come not to sacrifice to their gods, to offer Jupiter their first fruits, or merriments to Bacchus; but an yearly disease, exasperating Asia, hath brought them hither, to make an end of their controversies and law suits. 'Tis multitudo perdentium et pereuntium, a destructive rout, that seek one anothers ruine. Such, most part, are our ordinary suitors, termers, clients: new stirs every day, mistakes, errours, cavils, and at this present, (as I have heard) in some one court, I know not how many thousand causes: no person free, no title almost good, with such bitterness in following, so many slights, procrastinations, delayes, forgery, such cost (for infinite sums are inconsiderately spent), violence and malice, I know not by whose fault, lawyers, clients, laws, both or all: but, as Paul reprehended the Corinthians long since, I may more appositely infer now: There is a fault amongst you; and I speak it to your shame. Is there not a wise man amongst you, to judge between his brethren? but that a brother goes to law with a brother? And Christs a counsel concerning law-suits was never so fit to be inculcated, as in this age: Agree with thine adversary quickly, &c. Matth. 5. 25. I could repeat many such particular grievances, which must disturb a body politick-to shut up all in brief, where good government is, prudent and wise princes, there all things thrive and prosper; peace and happiness is in that land where it is otherwise, all things are ugly to behold, incult, barbarous, uncivil; a paradise is turned to a wilderness. This island amongst the rest, our next neighbours the French and Germans, may be a sufficient witness, that in a short time, by that prudent policy of the Romans, was brought from barbarism; see but what Cæsar reports of us, and Tacitus of those old Germans they were once as uncivil as they in Virginia; yet, by planting of colonies and good laws, they became, from barbarous outlaws, to be full of rich and populous cities, as now they are, and most flourishing kingdoms. Even so might Virginia, and those wild Irish, have been civilized long since, if that order had been heretofore taken, which now begins, of planting colonies, &c. I have read a discourse, printed anno 1612, discovering the true causes, why Ireland was never intirely subdued, or brought under obedience to the crown of England, until the beginning of his Majesties happy reign. Yet, if his reasons were thoroughly scanned by a judicious politician, I am afraid he would not altogether be approved, but that it would turn to the dishonour of our nation, to suffer it to lye so long waste. Yea, and if some traLib. major. morb. corp. an animi. Hi non conveniunt, ut diis more majorum sacra faciunt, non ut Jovi primitias offerant, aut Baccho comissationes: sed anniversarius morbus, exasperans Asiam, huc eos coëgit, ut contentiones hic peragant. y 1 Cor. 6. 5. 6. Stulti, quando demum sapietis? Psal. 49. 8. Of which text read two learned Sermons, so intituled, and preached by our Regius Professor, D. Prideaux: printed at London by Felix Kingston, 1621. Sæpius bona materia cessat sine artifice. Sabellicus, de Germaniâ. Si quis videret Germaniam urbibus hodie excultam, non diceret, ut olim, tristem cultu, asperam cœlo, terram informem. By his Majesties Attorney General there. с e vellers should see (to come neerer home) those rich United Provinces of Holland, Zealand, &c. over against us, those neat cities and populous towns, full of most industrious artificers, d so much land recovered from the sea, and so painfully preserved by those artificial inventions, so wonderfully approved, as that of Bemster in Holland, ut nihil huic par aut simile invenias in toto orbe, saith Bertius the geographer-all the world cannot match it: so many navigable channels from place to place, made by mens hands, &c. and, on the other side, so many thousand acres of our fens lie drowned, our cities thin, and those vile, poor, and ugly to behold in respect of theirs; our trades decayed, our still running rivers stopped, and that beneficial use of transportation wholly neglected; so many havens void of ships and towns, so many parks and forests for pleasure, barren heaths, so many villages depopulated, &c. I think sure he would find some fault. Ꮒ I may not deny but that this nation of ours doth bene audire apud exteros -is a most noble, a most flourishing kingdom, by common consent of all f geographers, historians, politicians: 'tis unica velut arx, and which Quintius in Livy said of the inhabitants of Peloponnesus, may be well applyed to us, we are testudines testá suá inclusa-like so many tortoises in our shells, safely defended by an angry sea, as a wall, on all sides; our island hath many such honourable elogiums; and, as a learned countrey-man of ours right well hath it, Ever since the Normans first coming into England, this countrey, both for military matters and all other of civility, hath been parallel'd with the most flourishing kingdoms of Europe, and our Christian world-a blessed, a rich countrey, and one of the fortunate isles; and, for some things, preferred before other countries, for expert seamen, our laborious discoveries, art of navigation, true merchants-they carry the bell away from all other nations, even the Portugals and Hollanders themselves-without all fear, (saith Boterus) furrowing the ocean winter and summer; and two of their captains, with no less valour than fortune, have sailed round about the world. We have besides many particular blessings, which our neighbours want-the gospel truly preached, church discipline established, long peace and quietness-free from exactions, foraign fears, invasions, domestical seditions-well manured, fortified by art, and nature, and now most happy in that fortunate union of England and Scotland, which our forefathers have laboured to effect, and desired to see: but, in which we excell all others, a wise, learned, religious king, another Numa, a second Augustus, a true Josiah, most worthy senators, a learned clergy, an obedient commonalty, &c. Yet, amongst many roses, some thistles grow, some bad weeds and enormities, which much disturb the peace of this body politick, eclipse the honour and glory of it, fit to be rooted out, and with all speed to be reformed. The first is idleness, by reason of which we have many swarms of rogues and beggers, theeves, drunkards, and discontented persons, (whom Lycurgus, in Plutarch, calls morbos reipub. the boils of the common-wealth), many poor people in all our towns, civitates ignobiles, as Polydore calls them, base built cities, inglorious, poor, small, rare in sight, ruinous, and thin of inhabitants. Our land is fertile (we may not deny), full of all good things; and why doth it not then abound with cities, as well as Italy, France, Germany, the Low-Countreys? because their policy hath been otherwise; and we are not so thrifty, circumspect, industrious. Idleness is the malus for As Zeipland, Bemster in Holland, &c. From Gaunt to Sluce, from Bruges to the sea, &c. telius, Boterus, Mercator, Meteranus, &c. Jam inde non belli gloriâ, quam humanitatis cultu, inter florentissimas orbis Christiani gentes imprimis floruit. Camden. Brit. de Normannis. Geog. Kecker. iTam hyeme quam æstate intrepide sulcant oceanum ; et duo illorum duces, non minore audaciâ quam fortuna, totius orbem terræ circumnavigarunt. Amphitheatro Boterus. JA fertile soil, good air, &c. tin, lead, wool, saffron, &c. Tota Britannia unica velut arx. Boter. Lib. 1. hist. |