somewhat of his owne head To play well at Primero and to face and vie and to hold and giue ouer when time serueth and by coniectures to know his aduersaries game and the skill of discarding are all workes of the imagination The like we say of playing at Cent at Triumph though not so far-forth as the Primero of Almaigne and the same not only maketh proofe demonstration of the difference of the wit but also discouereth al the vertues and vices in a man For at euery moment there are offered occasions in this play by which a man shall discouer what hee would do in matters of great importance if oportunitie serued Chesse-play is one of the things which best discouereth the imagination for he that makes ten or twelue faire draughts one after another on the Chesse-boord giues an euill token of profiting in the Sciences which belong to the vnderstanding and to the memorie vnlesse it fall out that he make an vnion of two or three powers as we haue already noted And if a very learned Schoole-diuine of mine acquaintance had been skilled in this doctrine he should haue got notice of a matter which made him verie doubtfull He vsed to play often with a seruant of his and lighting mostly on the losse told him much mooued Sirha how comes it to passe that thou who canst skill neither of Latine nor Logicke nor Diuinitie though thou hast studied it yet beatest me that am full of Scot and S. Thomas Is it possible that thou shouldst haue a better wit than I verily I cannot beleeue it except the diuell reueale vnto thee what draughts thou shouldst make and the misterie was that he had great vnderstanding with which he attained the delicacies of Scot and Thomas but wanted that difference of imagination which serueth for Chesse-play whereas his seruant had an ill vnderstanding and a bad memorie but a good imagination The Schollers who haue their bookes well righted and their chamber well dressed and cleane kept euerie thing in his due place order haue a certaine difference of imagination verie contrarie to the vnderstanding and to the memorie Such a like wit haue men who go neat and handsomly apparelled who looke all about their cape for a mote take dislike at any one wry plait of their garmēt this assuredly springeth from their imagination For if a man that had no skill in versifieng nor towardlinesse thereunto chance to fall in loue sodainly saith Plato he becomes a Poet and verie trim and handsome for loue heateth and drieth his braine and these are qualities which quicken the imagination the like as Iuuenal noteth anger doth effect which passion heateth also the braine Anger makes verse if nature but denie Gracious talkers and imitaters and such as can hold at bay haue a certaine difference of imagination verie contrarie to the vnderstanding and to the memorie For which cause they neuer prooue learned in Grammer Logicke Schoole-diuinitie Phisicke or the lawes If then they be wittie in managing toward for euery matter they take in hand ready in speech and answering to the purpose these are fit to serue in Courts of iustice for sollicitors atturnies merchants and factors to buy and sell bur not for learning Heerein the vulgar is much deceiued seeing them so readie at all handes and them seemeth that if such gaue themselues to learning they would prooue notable fellowes but in substance there is no wit more repugnant to matters of learning than these Children that are slow of speech haue a moistnes in their tongue and also in their braine but that wearing away in processe of time they become verie eloquent and great talkers through the great memorie which they get when that moisture is tempered This we know by the things tofore rehearsed befell that famous Orator Demosthenes of whome we said that Cicero maruelled how being so blunt of speech when he was a boy growing greater he became so eloquēt Children also who haue a good voice and warble in the throat are most vntoward for all Sciences and the reason is for that they are cold and moist The which two qualities being vnited we said before that they breed a dammage in the reasonable part Schollers who learn their lesson in such maner as their maister deliuereth it and so recite the same it shewes a token of a good memorie but the vnderstanding shall abie the bargaine There are offered in this doctrine some problemes and doubts the answere wherunto will perhaps yeeld more light to conceiue that what we haue propounded doth carie trueth The first is whence it groweth that great Latinists are more arrogant and presumptuous on their knowledge than men very well skilled in that kind of learning which appertaineth to the vnderstanding in sort that the prouerbe to let vs know what maner of fellow a Grammarian is sayth That a Grammarian is arrogancie it selfe The second is whence it commeth that the Latine tongue is so repugnant to the Spanish capacities and so naturall to the French Italian Dutch English and other northernly nations as we see in their workes which by their good Latine phrase straightwaies proue the authour to haue been a stranger and by the barbarousnesse and ill composition we know the same for a Spaniards The third is for what reason the things that are spoken and written in the Latine tongue sound better carrie a more loftinesse and haue greater delicacie than anie other language how good soeuer we hauing auouched before that all languages are nought els but a conceit at pleasure of those who first deuised them without holding anie foundation in nature The fourth doubt is seeing all Sciences which appertaine to the vnderstanding are written in Latine how it can frame that such as want memorie may read and studie them in those books whilest the Latine is by this reason so repugnant vnto them To the first probleme we answere that to know whether a man haue defect of vnderstanding there fals out no token more certaine than to see him loftie big looked presumptuous desirous of honour standing on termes and full of ceremonies And the reason is for that all these be workes of a difference of the imagination which requireth no more but one degree of heat wherwith the much moisture which is requisite for the memorie accordeth verie sitly for it wanteth force to resolue the same Contrariwise it is an infallible token that if a man be naturallie lowly despiser of himselfe and his own matters and that not only he vanteth not nor praiseth himself but feels displeasure at the commēdations giuen him by others and takes shame of places and ceremonies pertaining to honour such a one may well be pointed at for a man of great vnderstanding but of small imagination and memorie I said naturally lowly for if he be so by cūning this is no certain signe Hence it commeth that as the Grammarians are men of great memorie and make an vnion with this difference of
And for this cause we haue seene many men to feigne miracles in houses and places of deuotion for straightwaies the people flockes vnto them and holds them in great reuerence as persons of whome God makes a speciall account and if they be poore they fauour them with large almes and so some sinne vpon interest The third reason is that men haue a liking to be well at their ease whereas naturall causes are disposed with such order and conceit that to obtaine their effects it behooues to bestow labour Wherefore they would haue God demeane himselfe towards them after his omnipotencie and that without sweating they might come to the well-head of their desires I leaue aside the malice of those who require miracles at Gods hand thereby to tempt his almightinesse and to prooue whether he be able to do it and othersome who to be reuenged after their hearts desire cal for fire from heauen and such other cruell chastisements The last cause is for that many of the vulgar are reliligiously giuen and hold deere that God may be honored and magnified which is much sooner brought about by way of miracles than by naturall effects but the common sort of men know not that workes aboue nature and woonderfull are done by God to shew those who know it not that he is omnipotent and that he serues himselfe of them as an argument to prooue his doctrine and that this necessitie once ceasing he neuer doth it more This may well be perceiued considering that God dooth no longer those vnwoonted things of the new testament and the reason is for that on his behalfe he hath performed all necessarie diligence that men might not pretend ignorance And to thinke that he will begin anew to do the like miracles and by them once againe to prooue his doctrine in raising the dead restoring sight to the blind and healing the lame and sicke of the palsie is an errour very great for once God taught men what is behooffull and prooued the same by miracles but returnes not to do it any more God speakes once sayth Iob and turnes not to a second repliall The token whereon I ground my iudgement when I would discouer whether a man haue a wit appropriat to Naturall Philosophie is to see whether he be addicted to reduce all matters to miracle without distinction and contrariwise such as hold not themselues contented vntill they know the particular cause of euerie effect leaue no occasion to mistrust the goodnesse of their wit These doe well know that there are effects which must be reduced to God immediatly as miracles and others to nature and such are those which haue their ordinarie causes frō whence they accustome to spring but speaking both of the one manner and the other we alwaies place God for author for when Aristotle sayd that God and nature did nothing in vaine he meant not that nature was an vniuersall cause endowed with a iurisdiction seuered from God but that she was a name of the order and concent which God hath bestowed in the frame of the world to the end that the necessarie effects might follow for the preseruation thereof For in the same manner it is vsually sayd that the King and Ciuile Reason do no man wrong In which kind of speech no man conceiueth that this name Reason signifieth a Prince which possesseth a seuerall iurisdiction from that of the king but a terme which by his signification embraceth al the roiall lawes and constitutions ordained by the same king for the preseruation of his common wealth in peace And as the king hath his speciall cases reserued to himselfe which cannot be decided by the law for that they are vnusuall and waightie in like manner God left miraculous effects reserued for himself neither gaue allowance vnto naturall causes that they might produce them But here we must note that he who should know them for such and difference them from naturall workes behooues to be a great naturall Philosopher and to vnderstand the ordinary causes that euery effect may hold yet all this sufficeth not vnlesse the Catholike church ratifie them to be such And as the Doctors labour and studie in reading this ciuile Reason preseruing the whole in their memorie that they may know and vnderstand what the kings will was in the determination of such a case so we naturall Philosophers as doctors in this facultie bestow all our studie in knowing the discourse and order which God placed that day when he created the world so to contemplat and vnderstand in what sort and vpon what cause he would that things should succeed And as it were a matter worthy laughter that a doctor should alleage in his writings though approoued that the king commaunds a case should be thus determined without shewing the Law and Reason through which it was so decided so naturall Philosophers laugh at such as say This is Gods doing without assigning the order and discourse of the particular causes whēce they may spring And as the king wil giue them no eare when they require him to breake some iust law or to rule some case besides the order of iustice which he hath commaunded to be obserued so God will not hearken when any man demaunds of him myracles and workes besides naturall order without cause why For albeit the king euery day abrogates and establisheth new lawes and changeth iudiciall order as wel through the variation of times as for that it is the iudgement of a fraile man and cannot at one only time attain to perfect right and iustice notwithstanding the naturall order of the vniuerse which we call nature from that day wherein God created the world vnto this hath had no need of adioining or reauing any one iot because he framed the same with such prouidence and wisedome that to require this order might not be obserued were to say that his workes were vnperfect To returne then to that sentence so often vsed by naturall Philosophers that Nature makes able we must vnderstand that there are Wits and there are Abilities which God bestoweth vpon men besides naturall order as was the wisedome of the Apostles who being simple and of base account were miraculously enlightened and replenished with knowledge and learning Of this sort of abilitie wisdome it cannot be verefied that nature makes able for this is a worke which is to be imputed immediatly vnto God not vnto nature The like is to be vnderstood of the wisedome of the prophets and of all those to whome God graunted some grace infused Another sort of abilitie is found in men which springs of their being begotten with that order and consent of causes which are established by God to this end and of this sort it may be sayd with truth Nature makes able For as we will proue in the last chapter of this worke there is to be found such an order and consent in naturall things that if the fathers in time of procreation haue
not each other neither of many make one as it fals out in bodily powers Therefore well sayd the wise man Haue many peace-makers but take one of a thousand to be thy coūsellor as if he should say Keepe for thy selfe many friends who may defend thee when thou shalt be driuen to come to hand-strokes but to aske counsell chuse only one amongst a thousand Which sentence was also expressed by Heraelilus who sayd One with me is worth a thousand In contentions and causes euery learned man be thinketh how he may best ground himselfe on reason but after he hath well reuolued euery thing there is no art which can make him know with assurance whether his vnderstanding haue made that composition which in iustice is requisit for if one pleader proue with law in hand that reason standeth on the demandants side and another by way also of the law prooueth the like for the defendant what remedie shall we deuise to know which of the two pleaders hath formed his reasons best The sentence of the Iudge maketh no demonstration of true iustice neither can the same be tearmed a successe for his sentence also is but an opinion he doth none other than cleaue to one of the two pleaders and to increase the number of learned men in one selfe opinion is no argument to persuade that what they resolue vpon is therefore true for we haue alreadie affirmed and prooued that many weake capacities though they ioine in one to discouer some darke conceiued truth shall neuer ariue to the power and force of some one alone if the same be an vnderstāding of high reach And that the sentence of the Iudge maketh no demonstration is plainly seene in that at another higher seat of iustice they reuerse the same and giue a diuerse iudgement and which is woorst it may so fall that the inferiour iudge was of an abler capacitie than the superior and his opinion more conformable vnto reason And that the sentence of the superiour iudge is not a sufficient proofe of iustice neither it is a matter very manifest for in the same actions and from the same iudges without adding or reauing any one iot we see dayly contrarie sentences to issue And he that once is deceiued by placing confidence in his owne reasons falleth duly into suspect that he may be deceiued of new Wherethrough we should the lesse relie vpon his opinion For he that is once naught sayth the wiseman chace him from thee Pleaders seeing the great varietie of vnderstandings which possesse the iudges and that each of them is affectionat to the reason which best squareth with his wit and that sometime they take satisfaction at one argument sometimes assent to the contrary they thereupon boldly thrust themselues foorth to defend euery cause in controuersie both on the part affirmatiue and the negatiue and this so much the rather because they see by experience that in the one maner and the other they haue a sentence in their fauour and so that coms very rightly to be verefied which wisedome sayd The thoughts of mortall men are timerous and their foresights vncertaine The remedie then which we haue against this seeing the reasons of the lawyer faile in proofe and experience shall be to make choise of men of great vnderstanding who may be iudges and pleaders For the reasons and arguments of such sayth Aristotle are no lesse certaine and firme than experience it selfe And by making this choice it seemeth that the cōmon wealth resteth assured that her officers shall administer iustice But if they giue them all scope to enter without making trial of their wit as the vse is at this day the inconueniences which we haue noted will euermore befall By what signs it may be knowne that he who shall studie the lawes hath the difference of wit requisit to this facultie heretofore after a sort we haue expressed but yet to renew it to the memorie and to prooue the same more at large we must know that the child who being set to read soone learneth to know his letters and can pronounce euery one with facilitie according as they be placed in the A B C giueth token that he shal be endowed with much memorie for such a worke as this for certaine is not performed by the vnderstanding nor by the imagination but it appertaineth vnto the office of the memorie to preserue the figures of things and to report the natures of each when occasion so requireth and where much memorie dwelleth we haue prooued before that default of vnderstanding also raigneth To write also with speed and a faire hand we sayd that it bewraid an imagination wherethrough the child who in few daies wil frame his hand and write his lines right and his letters euen and with good forme and figure yeeldeth signe of meane vnderstanding for this worke is performed by the imagination and these two powers encounter in that contrarietie which we haue alreadie spoken of and noted And if being set to Grammer he learne the same with little labour and in short time make good Latines and write fine epistles with the well ruled closes of Cicero he shall neuer be good iudge nor pleader for it is a signe that he hath much memorie and saue by great miracle he will be of slender discourse But if such a one wax obstinat in plodding at the lawes and spend much time in the schooles he will prooue a famous reader and shall haue a stint of many hearers for the latine tongue is very gratious in chaires and to read with great show there are requisit many allegations and to fardell vp in euery law whatsoeuer hath bene written touching the same and to this purpose memorie is of more necessitie than discourse And albeit it is true that in the chaire he be to distinguish inferre angue iudge and chuse to gather the true sense of the law yet in the end he putteth the case as best liketh himsellfe he mooues doubts maketh obiections and giueth sentence after his own will without that any gainsaie him for which a meane discourse is sufficient But when one pleader speaketh for the plaintife and another for the defendant and a third lawyer supplieth the iudges place this is a true controuersie men cannot speake so adrandom as when they skirmish without an aduersarie And if the childe profit slenderly in Grammer we may thereby gather that he hath a good discourse I say we may so coniecture because it followeth not of necessitie that whosoeuer cannot learne Latine hath therefore straight waies a good discourse seeing we haue prooued tofore that children of good imagination neuer greatly profit in the Latine tongue but that which may best discouer this is Logicke for this science carieth the same proportion with the vnderstanding as the touchstone with gold Where through it falled out certaine that if he who taketh lesson in the area begin not within a month or two to discourse and to cast doubts
persuaded and thinketh that a man hath much knowledge and wisdome is to heare him speake with great eloquence to haue a smooth tongue plentie of sweet and pleasant words and to alleage many examples fit for the purpose that is in hand but this verily springeth from an vnion which the memorie maketh with the imagination in a degree and measure of heat that cannot resolue the moisture of the brain and serueth to lift vp the figures and cause them to boile where-through are discouered many conceits and points to be vttered In this vnion it is impossible that discourse may be found for we haue alreadie said and prooued heeretofore that this power greatly abhorreth heat and moisture cannot support it Which doctrine if the Athenians had knowen they would not so much haue maruelled to see so wise a man as Socrates not to haue the gift of vtterance of whom those who vnderstood how great his knowledge was said that his words his sentences were like a wodden chest knobby and nothing trimmed on the outside but that in opening the same within it held liniamentes and portraitures of rare admiration In the same ignorance rest they who attempting to render a reason of Aristotles bad stile and obscurenes sayd That of set purpose because he would that his works should carrie authoritie he wrot vnder riddles with so slender ornament of words and simple manner of deliuerance And if we consider also the so harsh proceeding of Plato and the breefnesse with which he writeth the obscuritie of his reasons and the ill placing of the parts of his tale we shall find that nought else saue this occasioned the same For such also we find the works of Hippocrates the thefts which he committeth of Nowns and Verbs the ill disposition of his sentences and the weake foundation of his reasons to stuffe out the empty places of his doctrine What will you more vnlesse that when he would yeeld a very particular reckoning to his friend Damagetus how Artaxerxses king of Persia had sent for him promising him as much gold and siluer as he list himselfe and to make him one of the great ones of his kingdome hauing plenty of answers to so many demaunds he writ only thus The king of Persia hath sent for me not knowing that with me the respect of wisedome is greater than that of gold Farewell Which matter if it had passed through the hands of any other man of good imagination and memorie a whole leafe of paper would not haue sufficed to set it forth But who would haue bene so hardie to alleage for the purpose of this doctrine the example of S. Paule and to affirme that he was a man of great vnderstanding and little memorie and that with these his forces he could not skill of toungs nor deliuer his mind in them polishedly and with gracefulnesse if himselfe had not so sayd I reckon not my selfe to haue done lesse than the greatest Apostles for though I be ignoraunt of speech yet am I not so in vnderstanding as if he should say I confesse that I haue not the gift of vtterance but for science and knowledge none of the greatest Apostles goeth beyond me Which difference of wit was so appropriat to the preaching of the Gospell that choice could not be made of a better for that a preacher should be eloquent and haue great furniture of queint tearms is not a matter conuenient for the force of the Orators of those daies appeared in making the hearers repute things false for true and what the vulgar held for good and behooffull they vsing the precepts of their art persuaded the contrary and maintained that it was better to be poore than rich sicke than whole fond than wise and other points manifestly repugnant to the opinion of the vulgar For which cause the Hebrues tearmed them Geragnin that is to say Deceiuers Of the same opinion was Cato the more and held the abode of these in Rome for very dangerous in as much as the forces of the Romane empire were grounded on arms they began then to persuade that the Romane youth should abandon those and giue themselues to this kind of wisedome therefore in breefe he procured them to be banished out of Rome forbidding them euer to returne againe If God then had sought out an eloquent preacher who should haue vsed ornament of speech that he had entered into Athens or Rome auouching that in Hierusalem the Iewes had crucified a man who was very God and that he died of his owne accord to redeeme sinners and rose againe the third day and ascended into heauen where he now sitteth what would the hearers haue thought saue that these things were some of those follies and vanities which the Orators were woont to persuade by the force of their art For which cause S. Paule said For Christ sent me not to baptise but to preach the gospel and that not in wisdome of words least the crosse of Christ might prooue in vaine The wit of S. Paule was appropriat to this seruice for he had a large discourse to proue in the synagogues and amongst the Gentils That Iesus Christ was the Messias promised in the law and that it was bootlesse to looke for any other and herewithall he was of slender memorie and therefore he could not skil to speake with ornament and sweet and well relished tearms and this was that which was behooffull for preaching of the gospell I will not maintaine for all this that S. Paule had not the gift of toungs but that he could speake all languages as he did his owne neither am I of opinion that to defend the name of Christ the forces of his great vnderstanding sufficed if there had not bene ioined therewithall the meane of grace and a speciall ayd which God to that purpose bestowed vpon him it sufficeth me only to say That supernaturall gifts worke better when they light vpon an apt disposition than if a man were of himselfe vntoward and blockish Hereto alludeth that doctrine of S. Hierome which is found in his proem vpon Esay and Hieremie where asking what the cause is that it being one selfe holy-ghost which spake by the mouth of Hieremie and of Esay one of them propounded the matters which he wrot with so great elegancie and Hieremie scarsely wist how to speake to which doubt he answereth that the holy-ghost applieth it selfe to the naturall manner of proceeding of each Prophet without that his grace varrieth their nature or teacheth thē the language wherein they are to publish their prophesie Therefore we must vnderstand that Esay was a noble gentleman brought vp in court and in the citie of Hierusalem and for this cause had ornament polishednesse of speech But Ieremie was borne and reared in a village of Hierusalem called Anathochites blunt and rude in behauiour as a country person and of such a stile the holy ghost vsed the seruice in the prophecie which he
be able to discouer to the world the comming of his sonne and haue the way to prooue and persaude That Christ was the Messias and promised in the law For making him of great vnderstanding of much imagination it fell out of necessitie keeping the naturall order that he should also make him cholericke and adust And that this is true may easily be vnderstood by him who considereth the great fire furie with which he persecuted the church the greefe conceiued by the synagogues when they saw him conuerted as they who had forgone a man of high importance and of whom the contrarie partie had made a gainfull purchace It is also knowen by the tokens of the reasonable choler with which he spake and answered the deputy Consuls and the Iudges who had arrested him defending his owne person and the name of Christ with so great aâ—t and readinesse as he conuinced them all yet he had an imperfection in his tongue and was not very prompt of speech which Aristotle affirmeth to be a property of the melancholicke by adustion The vices wherto he confessed himselfe to be subiect before his conuersion shew him to haue been of this temperature he was a blasphemer a wrong doer and a persecutor all which springeth from abundance of heat But the most euident signe which shewed that he was cholericke adust is gathered from that battaile which himselfe confesseth he had within himselfe betwixt his part superiour inferiour saying I see another law in my members striuing against the law of my minde which leadeth me into the bondage of sinne And this selfe contention haue we prooued by the mind of Aristotle to be in the melancholicke by adustion True it is that some expound very well that this battaile groweth from the disorder which originall sinne made betweene the spirit and the flesh albeit being such and so great I beleue also that it springs from the choler adust which he had in his naturall constitution for the roiall prophet Dauid participated equally of original sin and yet complained not so much as did S. Paul but saith that he found the inferiour portion accorded with his reason when he would reioice with God My heart saith he and my flesh ioyed in the liuing God and as we will touch in the last chapter saue one Dauid possessed the best temperature that nature could frame and heereof we will make proofe by the opinion of all the Philosophers that the same ordinarily enclineth a man to be vertuous without any great gainstriuing of the flesh The wits then which are to be sorted out for preachers are first those who vnite a great vnderstanding with much imagination and memorie whose signes shalbe expressed in the last chapter saue one Where such want there succeede in their roome the melancholicke by adustion Those vnite a great vnderstanding with much imagination but suffer defect of memorie wherthrough they are not stored with copie of words nor can preach with full store in presence of the people In the third rancke succeed men of great vnderstanding but defectiue in their imagination and memorie These shall haue but a bad grace in preaching yet will preach sound doctrine The last whom I would not charge with preaching at all are such as vnite much memorie with much imagination and haue defect of vnderstanding These draw the auditorie after them and hold them in suspense and well pleased but when they least misdoubt it they fetch a turne to the holy house for by way of their sweet discourses and blessings they beguile the innocent CHAP. XI That the Theoricke of the lawes appertaineth to the memorie and pleading and iudging which are their practise to the vnderstanding and the gouerning of a common-wealth to the imagination IN the Spanish toung it is not void of a mysterie that this word Lettered being a common tearme for all men of letters or learning as well Diuines as Lawyers Phisitions Logicians Philosophers Orators Mathematicians and Astrologers yet in saying that such a one is learned we all vnderstand it by common sence that he maketh profession of the lawes as if this were their proper and peculiar title and not of the residue The aunswer of this doubt though it be easie yet to yeeld the same such as is requisit it behooueth first to be acquainted what law is and wherevnto they are bound who set themselues to studie that profession that afterwards they may imploie the same to vse when they are iudges or pleaders The law who so well considereth thereof is nought else but a reasonable will of the law maker by which he declareth in what sort he will that the cases which happen dayly in the common wealth be decided for preseruing the subiects in peace and directing them in what sort they are to liue what things they are to refraine I sayd a reasonable will because it sufficeth not that the king or emperour who are the efficient cause of the lawes declaring his will in what sort soeuer doth thereby make it a law for if the same be not iust and grounded vpon reason it cannot be called a law neither is it euen as he cannot be tearmed a man who wanteth a reasonable soule Therefore it is a matter established by common accord that kings enact their lawes with assent of men very wise and of sound iudgement to the end they may be right iust and good and that the subiects may receiue them with good will and be the more bound to obserue and obey them The materiall cause of the law is that it consist of such cases as accustomably befall in the common wealth according to the order of nature and not of things impossible or such as betide very sildome The finall cause is to order the life of man and to direct him what he is to do and what to forbeare to the end that being conformed to reason the common wealth may be preserued in peace For this cause we see that the lawes are written in plaine words not doubtfull nor obscure nor of double vnderstanding without ciphers and without abbreuiations and so easie and manifest that whosoeuer shall read them may readily vnderstand and retaine them in memorie And because no man should pretend ignorance they are publikely proclaymed that whosoeuer afterward breaketh them may be chastised In respect therefore of the care and diligence which the good law makers vse that their lawes may be iust and plaine they haue giuen in charge to the iudges and pleaders that in actions or iudgements none of them follow his owne sence but suffer himselfe to be guided by the authoritie of the lawes as if they should say We commaund that no iudge or aduocat imploy his conceit nor intermeddle in deciding whether the law be iust or vniust nor yeeld it any other sence than that that is contained in the text of the letter So it followeth that the lawyers are to construe the text of the law and to take that
sense which is gathered out of the construction thereof and none other This doctrine thus presupposed it falleth out a matter very manifest for what reason the lawyers are termed lettered and other men of learning not so for this name is deriued from the word letter which is to say a man who is not licenced to follow the capacitie of his owne vnderstanding but is enforced to ensue the sense of the very letter And for that the well practised in this profession haue so construed it they dare not denie or affirme any thing which appertaineth to the determination of any case whatsoeuer vnles they haue lying before them some law which in expresse tearms decideth the same And if sometimes they speake of their owne head interterlacing their conceit and reason without grounding vpon some law they do it with feare and bashfulnesse for which cause it is a much worne prouerbe We blush when we speake without law Diuines cannot call themselues lettered in this signification for in the holy scripture the letter killeth and the spirit giueth life it is full of mysteries replenished with figures and cyphers obscure and not vnderstood by all readers the vowels and phrases of speech hold a very different significatiō from that which the vulgar and three-tounged men do know Therefore whosoeuer shall set himselfe to construe the letter and take the sence which riseth of that Grammaticall construction shall fall into many errours The Phisitions also haue no letter whereto to submit themselues for if Hippocrates and Galen and the other graue authors of this facultie say and affirme one thing and that experience and reason approue the contrarie they are not bound to follow them for in Phisicke experience beareth more sway than reason and reason more than authoritie but in the lawes it betideth quite contrary for their authoritie and that which they determine is of more force and vigour than all the reasons that may be alleaged to the contrary Which being so we haue the way layd open before vs to assigne what wit is requisit for the lawes For if a Lawyer haue his vnderstanding and imagination tied to follow that which the law auouched without adding or diminishing it falleth out apparent that this facultie appertaineth to the memorie and that the thing wherein they must labour is to know the number of the lawes and of the rules which are in the text and to call to remembrance ech of them in particular to rehearse at large his sentence and determination to the end that when occasion is ministred we may know there is a law which giueth decision and in what forme and maner Therefore to my seeming it is a better difference of wit for a lawyer to haue much memory and litle vnderstanding than much vnderstanding and litle memorie For if there fall out no occasion of employing his wit and abilitie and that he must haue at his fingers ends so great a number of lawes as are extant and so far different from the other with so manie exceptions limitations enlargements it serues better to know by heart what hath been determined in the lawes for euerie point which shall come in question than to discourse with the vnderstanding in what sort the same might haue been determined for the one of these is necessarie the other impertinent since none other opinion than the verie determination of the law must beare the stroke So it falles out for certaine that the Theorick of the law appertaineth to the memorie and not to the vnderstanding nor to the imagination for which reason and for that the lawes are so positiue and that because the lawyers haue their vnderstanding so tied to the will of the law-maker and cannot entermingle their own resolution saue in case where they rest vncertaine of the determination of the law when any client seeketh their iudgement they haue authoritie and licence to say I wil looke for the case in my booke which if the Phisition should answer when he is asked a remedie for some disease or the Diuine in cases of conscience we would repute them for men but simply seen in the facultie wherof they make profession And the reason heereof is that those sciences haue certain vniuersall principles and definitions vnder which the particuler cases are contained but in the law-facultie euery law containeth a seuerall particular case without hauing anie affinitie with the next though they both be placed vnder one title In respect whereof it is necessarie to haue a notice of al the lawes and to studie ech one in particuler and distinctly to lay them vp in memorie But heere against Plato noteth a thing worthy of great consideration and that is how in his time a learned man was held in suspition that he knew many lawes by heart seeing by experience that such were not so skilfull iudges pleaders as this their vaunt seemed to pretend Of which effect it appeareth he could not find out the cause seeing in a place so conuenient he did not report the same onely he saw by experience that Lawyers endowed with good memorie being set to defend a cause or to giue a sentence applied not their reasons so well as was conuenient The reason of this effect may easily be rendered in my doctrine presupposing that memorie is contrarie to the vnderstanding that the true interpretation of the lawes to amplifie restraine and compound them with their contraries and oppositions is done by distinguishing concluding arguing iudging and chusing which workes we haue often said heeretofore belong to discourse and the learned man possessing much memorie cannot by possibilitie enioy them We haue also noted heeretofore that memorie supplieth none other office in the head than faithfully to preserue the figures and fantasies of things but the vnderstanding and the imagination are those which work therewithall And if a learned man haue the whole art of memory and yet want vnderstanding and imagination he hath no more sufficiencie to iudge or plead than the verie Code or Digest which cōpassing within them all the laws and rules of reason for all that cannot write one letter Moreouer albeit it be true that the law ought to be such as we haue mentioned in his definition yet it falleth out a miracle to finde thinges with all the perfections which the vnderstanding attributeth vnto them that the law be iust and reasonable and that it proceed fullie to all that which may happen that it be written in plain termes void of doubt oppositions and that it receiue not diuerse constructions we see not alwaies accomplished for in conclusion it was established by mans coūsell and that is not of force sufficient to giue order for al that may betide and this is daily seen by experience for after a law hath bin enacted with great aduisement and counsell the same in short space is abrogated againe for when it is once published and put in practise a thousand inconueniences discouer themselues
whereof when it was persuaded no man took regard and therfore kings and emperours are aduised by the same laws that they shame not to amend and correct their lawes for in a word men they are and maruell there is none if they commit an error so much the rather for that no law can comprehend in wordes and sentences all the circumstances of the case which it decideth for the craft of bad people is more wily to finde holes than that of good men to foresee how they are to be gouerned and therefore it was said Neither the lawes nor the resolutions of the Senate can be set down in writing in such sort that all the cases which seuerally chance may be comprised therein but it sufficeth to comprehend the things which fall out oftenest and if other cases succeed afterward for which no law is enacted it decideth them in proper termes The law facultie is not so bare of rules and principles but that if the iudge or pleader haue a good discourse to know how to applie them they may find their true determination and defence and whence to gather the same In sort that if the cases be more in number than the lawes it behooueth that in the iudge and in the pleader there be much discourse to make new laws and that not at all aduentures but such as reason by his consonance may receiue them without contradiction This the lawyers of much memorie cannot doe for if the cases which the law thrusteth into their mouth be not squared and chewed to their hands they are to seek what to doe We are woont to resemble a lawyer who can rehearse many lawes by heart to a regrater or hosier that hath many paires of hosen ready made in his shop who to deliuer you one that may fit you must make you to assay them all and if none agree with the buiers measure he must send him away hoselesse But a learned man of good vnderstanding is like a good tailer who hath his sheeres in his hand and his peece a cloth on the table and taking measure cutteth his hosen after his stature that demandeth them The sheeres of a good pleader is his sharp vnderstanding with which he taketh measure of the case and apparelleth the same with that law which may decide it and if he finde not a whole one that may determine it in expresse termes he maketh one of many peeces and therewith vseth the best defence that he may The lawyers who are endowed with such a wit and abilitie are not to be termed lettered for they construe not the letter neither bind themselues to the formall words of the law but it seemeth they are law-makers or counsellors at law of whom the lawes themselues enquire and demand how they shall determine for if they haue power authoritie to interpret them to reaue to adde and to gather out of them exceptions and fallacies and that they may correct and amend them it was not vnfitly said That they seem to be law makers Of this sort of knowledge it was spoken by the knowledge of the lawes it is not meant to con their wordes by rote but to take notice of their force and power as if he should say Let no man thinke that to know the lawes is to beare in minde the formall words with which they are written but to vnderstand how far their forces extend and what the point is which they may decide for their reason is subiect to manie varieties by meanes of the circumstances as well of time as of person of place of maner of matter of cause and of the thing itselfe All which breedeth an alteration in the decision of the law and if the iudge or pleader be not endowed with discourse to gather out of the law or to take away or adioine that which the law selfe doth not expresse in words he shall commit manie errors in following the letter for it hath been said that the words of the law are not to be taken after the Iewish manner that is to consture onely the letter and so take the sense thereof On the things alreadie alleaged we conclude that pleading is a worke of discourse and that if the learned in the lawes possesse much memorie he shalbe vntoward to iudge or plead through the repugnancie of these two powers And this is the cause for which the learned of so ripe memorie whom Plato mentioneth could not defend well their clients causes nor apply the lawes But in this doctrin there presents it selfe a doubt and that in mine opinion not of the lightest for if the discourse be that which putteth the case in the law and which determineth the same by distinguishing limiting amplifieng inferring and answering the arguments of the contrarie party how is it possible that the discourse may compasse all this if the memorie set not downe all the lawes before it for as we haue aboue remembred it is commanded that no man in actions or iudgements shall vse his owne sense but leaue himselfe to be guided by the authoritie of the lawes Conformable heereunto it behooueth first to know all the lawes and rules of the law facultie ere we can take hold of that which maketh to the purpose of our case For albeit we haue said that the pleader of good vnderstāding is lord of the lawes yet it is requisit that all his reasons and arguments be grounded on the principles of this facultie without which they are of none effect or valure And to be able to do this it behooueth to haue much memorie that may preserue and retaine so great a number of laws which are written in the books This argument prooueth it to be necessarie to the end a pleader may be accomplished that there be vnited in him a great discourse and much memorie All which I confesse but that which I would say is that since we cannot finde great discourse vnited with much memorie through the repugnancie which they carrie ech to other it is requisit that the pleader haue much discourse and litle memory rather than much memory litle discourse for to the default of memory are found many remedies as books tables alphabets other things deuised by men but if discourse faile there can nothing be found to remedie the same Besides this Aristotle faith that men of great discourse though they haue a feeble memory yet they haue much remembrance by which they retaine a certaine diffuse notice of things they haue seen heard and read whervpon discoursing they cal them to memorie And albeit they had not so many remedies to present vnto the vnderstanding the whole bodie of the ciuilllaw yet the lawes are grounded on so great reason as Plato reporteth that the ancients termed the law Wisdom Reason Therefore the iudge or pleader of great discourse though iudging or counselling he haue not the law before him yet seldome shall he commit an error for he hath with him the instrument with which the Emperors
enter without the losse of any one souldier So Iudith being brought to Holofernes presence threw her selfe downe to the ground and with closed hands began to worship him and vtter words full of deceit the most craftily that might be in sort that Holofernes and all his counsell verely beleeued she sayd nothing but truth but she not forgetfull what in heart she had purposed found a conuenient occasion and chopped off his head Contrary hereunto are the conditions of a friend and therefore it behooueth euer to yeeld him credit wherethrough Holofernes should haue done better to beleeue Achior seeing he was his friend and on zeale that he should not leaue the siege with dishonour sayd vnto him Sir first informe your selfe whether this people haue sinned against God for if it be so himselfe will deliuer them into your hands without that you shall need to conquer them but if he hold them in grace know for certaine that he will defend them and we shall not be able to vanquish them Holofernes conceiued displeasure at this aduertisement as a man confident lasciuious and a wine bibber which three things turne topsie turuie that counsell which is requisit for the art of war For which cause Plato sayd he liked very well of a law which the Carthagineans had by which they commaunded that the Generall whilst he had charge of the armie should drinke no wine for this licour as Aristotle affirmeth maketh a man of wit be quite burned vp with choler as Holofernes shewed in those so furious words which he spake to Achior Now that wit which is requisit for ambushes and stratagems aswell to prepare them as to perceiue them and to find out such remedie as appertaineth Cicero describeth drawing his discēt from this nown versutia which he saith is deriued from this verb versor for those who are winding craftie double and cauillers vpon a sodain contriue their wiles and employ their conceit with facilitie and so the same Cicero exemplified it saying Chrisippus a man doubtlesse winding and craftie I call those winding whose mind is sodainly winded about This propertie to attain sodainly the means is solertia quicknesse and appertaineth to the imagination for the powers which consist in heat performe speedily their worke And for this cause men of great vnderstanding are little worth for the war for this power is very slow in his operation and a friend of vprightnesse of plainnesse of simplicitie and mercie all which is woont to breed much dammage in war These are good to treat with friends with whom the wisdome of the imagination is not needfull but only the rightfulnesse and singlenesse of the vnderstanding which admitteth no doublenesse nor doth any wrong therfore with the enemy it booteth nothing for he alwaies studieth to offend with wiles and such wit is requisit wherwith to counter-gard our selues And so Christ our redeemer aduised his disciples saying Behold I send you as sheep amongst woolfes be you therfore wise as serpents and simple as dooues With our enimies we must practise wisdome and with our friends plainnesse and simplicitie Now if the captain be not to giue credit to his enimy but is alwaies to misdoubt that he will go beyond him it is necessarie that he hold a difference of imagination forecastfull warie and which can skill to discern the wiles which come vailed with anie couerture for the selfe power which finds them out can only deuise the remedies which are behooffull in that behalfe that seemeth to be another difference of the imagination which deuiseth the engins and war-like instruments wherby vnuincible fortresses are won which pitcheth the camp and marshalleth euerie squadron in his due place and which knoweth the occasions of ioyning and retiring which plotteth treaties consortments and capitulations with the enemie for all which the vnderstanding is impertinent as are the eares to see withall And therefore I nothing doubt but that the art of warre appertaineth to the imagination for all whatsoeuer a good captain is to performe importeth consonance figure and correspondence Now the difficulty resteth to set down with what difference of the imagination in particular war is to be mannaged And in this I cannot resolue with certaintie because the knowing therof is verie nice yet I coniecture that it requireth a degree more of heat than the practise of phisicke and that it allay choler but not vtterlie quench it This is verie manifest for those captains who are ful of promptnesse and subtletie are not verie couragious nor desirous of bickering neither couet to come to handystrokes but by stratagems fetches without aduenturing a broken pate do bring their purposes to passe Which property better pleased Vegetius than any other Good captains saith he not by open war in which the perill is common but by secret practises euer assay with the safetie of their owne souldiers to cut their enemies in peeces or at least to make them afraid The fruit of this maner of wit the Romain Senat verie wisely looked into for though they had manie famous captains who atchieued sundry warres yet returning to Rome to receiue the triumph and glorie due to their enterprise so great were the plaints which the parents made for their children the children for the parents the wiues for their husbands and brothers for brethren that through the sorrow for them who perished in the warres they could take little pleasure in the sports and pastimes Wherefore the Senat took a resolution not to seeke out so couragious captains wholly desirous to come to hand strokes but men somwhat timorous verie ready as Q. Fabius of whom it is written that it was a wonder to see him offer a pitched battaile in the open field and speciallie when he was far from Rome wherby in ill successes he could not readily be releeued and he did nought-els but giue way to the enemie and deuise stratagems and wiles with which he exploited great enterprises and obtained many victories without the losse of any one souldiour He was receiued into Rome with great ioy of all men for if he carried forth 100000 souldiours he returned with as many vnlesse some perhaps miscarried by sicknesse The shout which the people gaue at his returne was as Ennius reporteth of this tenour One man by lingring only vs releeu'd As if they had said This man with giuing way to our enemies hath made vs lords of the world and brought backe our souldiours to their houses in safetie Some captains haue since that time endeuoured to imitate him but because they wanted his wit and readinesse they sundry times let slip many fit occasions of fighting whence greater dammages and inconueniences arose than if they had speedily ioyned battaile We may also take example of that famous Carthaginian captain of whom Plutarch writeth these words Anniball after he had attained this so great a victorie commanded that manie Italian prisoners should freely be set at libertie without ransom to the end the fame of his