Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	common_a	court_n	matter_n	4,363	5	5.8066	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A13761	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.; Orpheus. English	Telesio, Antonio, 1482-1533?; Cassius, Caius, Parmensis, attributed name.; Homer. Iliad. Book 23, 304-325. English. aut; Rawlyns, Roger.; Chytraeus, Nathan, 1543-1598.	1587 (1587)	STC 24060; ESTC S118508	16,736	28

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

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

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

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

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