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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

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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
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