I substitute the one of them to the other that is if the one die the other shall haue all and the mother nothing at all t Gazalup verb. substitutio brem loqua Anglonomoph I haue noted in your wordes Codign two thinges which haue no small coherence and agreement with matters of our Law First in that by will according to your Law an entrie may be limitted to a straunger 2. In that ye hold that he which defeateth the estate of him that breaketh the condition shall defeat his whole estate and shal entirely claime the possession Which two assertions I shall seuerally prooue by cases of Law beginning with the first A man seised in fee of landes deuisable 3. By Will according to the common Law an entrie may be limitted to a stranger did deuise them to one for terme of his life and that he should be a Chapplein and that he should chaunt for his soule all his life time and that after his decease the tenements should remaine to the Cominaltie of a certaine village to finde a chappleine perpetuall for the same tenements and he died and the deuisee entred and held the landes sixe yeares and was no chappleine and the heire of the deuisour outed him and he brought an Assise And it seemed to the Court that the limitation that he should be a chappleine was no condition and that the heire could not enter for then the remainder should be defeated which may not be because by the intent a perpetuall chappleine ought to found u 29. Ass pla 17. Whereby it appeareth that they in the remainder were to take aduantage in this case of the breach of the thing that was to be done and not the heire So in Fitz Iames his case the clause of entrie was limitted to him in the remainder for breach of the condition by the particular tenant for it was helde that the limitation might determine the estate and that being determined he in the remainder might enter uu 13. et 14. Elizab. Com̄ 403. Newyses case Also 34. E. 3. the case was that a man had issue a sonne and a daughter and deuised land deuisable to one for life vpon condition that if the sonne should disturbe the tenant for life that the land should remaine to the daughter and the heires of her bodie the father dieth the sonne disturbeth the tenant for life who dieth the daughter brought a Formedon and it was allowed a 34. E. 3. Formedon pla vlt. But yet the aduantage of 4. The aduantage of entrie limitted to a stranger is in the late reports doubted of entrie by vertue of the limitation is not in other late reportes so cleare but hath been greatlie doubted of Stubes being Cestuy que vse deuised to his wife certaine land during her life ita quòd non faceret vastum the remainder to his yonger sonne in taile and died after the Statute of 27. of ioyning the possession to the vse is made the woman dieth the question was who should enter for the condition broken the heire the feoffees or he in the remainder b 3. Mar. 117. Dy. And an other case was equally doubtfull Wilford was bound in an Obligation without daie of payment limitted and deuised his land to his executors vppon condition that if they did not paie the said summe according to the obligation that the deuise should be voide and that then A. should haue the land to him and to his heires vppon condition that hee paied the money Wilford died A. died the executors are requested to pay the money and they would not pay it the question of the booke left vndecided is whether the heire of A. may enter into the land and paie the money c 3. Mar. 128. Dy. In like maner land in Gauelkind was deuised to the eldest sonne vpon condition that he should paie 100. li. to the wife of the deuisour he fayled of the payment it was questioned by Manwood whether the yonger sonne might enter into the moitie as by an implied limitation d 15. Eliz. 317. Dy. But touching such entries by force of some speciall limitation or condition Mast. Frowike giueth a good rule 21. H. 7. that an estate of inheritance can not cease by vertue of a condition broken onelie but there ought to be also an entrie But otherwise it is of a particular estate and the reason is because such an estate may be determined by word as by surrender and by the same reason it may cease by the wordes of the condition e 21. H. 7. 12. per Frowike Now that the 5. That the entrie for the condition broken defeateth the whole estate whole estate of the feoffee or donee is defeated by the breach of the condition and the entrie of the partie may be prooued by diuerse authorities in our Law and that there can be no fraction of the condition 14. Elizab. all the Iustices agreed And so was iudgement giuen in Winters case that by the graunt of the reuersion of part of the landes with which a condition runneth the condition is wholie confounded because it is a thing penall and entire and may not be apportioned nor diuided f 14. Elizab. 308. Dy. And 33. of Henrie the eight according to Mast. Brookes report it was helde for Law that if a man giue land in taile or lease it for life rendring rent with a condition for default of payment to reenter now if he lease part of the land to the donour or lessour or if the donour or lessour enter into part of the land he cannot enter for rent behind after but the condition is wholie suspended because a condition cannot be apportioned or diuided Therefore some scruple may with good reason be made of the case 16. Elizab. in my Lord Dyers reportes A man leased land for yeares vppon condition that the lessee should not alien the land to anie person without the assent of the lessour nor any part of the land the lessour giueth licence to alien part and the lessee alieneth the residue without licence it was adiudged that the lessour may enter notwithstanding the dispensation of the condition ex parte g 16. Elizab. 334. Dy. Howsoeuer 5. Edw. 6. be to the same purpose that a man enfeoffed two vppon condition to make backe a lease for life to the feoffour the remainder in fee to a straunger the one of them onelie maketh estate accordingly And by the opinion of manie this is good for a moitie by the dispensation of the partie who might take aduantage of the condition by his acceptance of estate h 5. Ed. 6. 69. Dy. For 23. Elizab. the case was such A man was bound in an hundred pound to giue to the obligee the moitie of all the fishes taken by his water-mille he tooke twentie one fishes and gaue tenne to the obligee and an action of Dette was brought vpon the obligation and the plaintife recouered
any wayne ouer such a bridge being fraught with carriage shall paie iiij d' and the partie causeth all the thinges in the wayne when he commeth to the bridge to be caried ouer the bridge on mens backes here is no defraudation of the Law But if he should giue iiij pence for the cariage ouer the bridge but not currant money now the Law should be defrauded e Io. in §. penult Insti de â—dop And when a man is preiudiced by the fraudulent dealing of an other man he may by our Law haue an action against him which is called actio doli an action of Deceit Canonolog Indeede the difference of Dolus is vsed likewise in our Law And we haue a rule of that which you haue tearmed dolum bonum 3. The same difference the common Law obserueth Frangenti fidem fides frangatur eidem f 23. q. 1. noli existimare C. de pac l. cum proponas in glo Accur And likewise an example of it vsed in our law namelie of Salomon who did vse such cunning betwixt the two harlots in searching out who was the true and naturall mother of the child But the deceit which of you hath ben tearmed dolus malus is in our Law nomen reatus which it doth punish as being done against the Law for qui peccat non peccat de legis authoritate g 23. q. 4. qui peccat Anglonomoph That deceit which of ye both 4. Dolus malus punishable at the common Law by an action vpon the case or a writ of Deceit hath been tearmed dolus malus doth not in our Law escape punishment but for the more strong inhibiting and repressing of it it doth afforde a double remedie against such as endammage others by deceit namelie either a writ of Deceit or an Action vpon the case For if a man plaie with an other at dice and he hath false dice with which he plaieth and winneth the other mans money he that loseth his money in such sort may haue an Action vpon the case for this deceit And in other like cases an Action vpon the case or a writ of Deceit will lie at the pleasure and election of the plaintife And if I present one to a Church whereof I am Patron to the Ordinarie and one T. disturbeth me wherefore an other man purchaseth a Quare impedit in my name retournable in the Common place I not knowing thereof against the said T. and after causeth the writ to be abated or me to be nonsuit in the action I may haue a writ of Deceit against him h 5. 5. E. 3. Quare impedit 37. 20. H. 6. 20. Fitzh nat bro. 96. A. And in euery case an action vpon the case is maintenable against him which sueth an originall in the name of the plaintife against his will i 7. H. 6. 45. So if a man forge a statute merchant in my name sue a Capias therupon whereby I am arrested and had in execution I may haue a writ of Deceit against him that forged it k 19. H. 6. 44. 58. 34. H. 6. 19. Fitzh Nat. be 96. B. So if the Warden of an Infant vouch one by couin who is not sufficient or pleadeth some bad plea wheras he might haue pleaded a better plea the Infant shall haue a writ of Deceit against him and shall recouer the full value in dammages l 9. E. 4. 34. And 11. H. 6. a writ of Deceit was brought against an Attourney for acknowledging a satisfaction whereas his master was not in truth satisfied m 11. H. 6. 34. And in a Praecipe quod reddat if the Shirife retorne the tenant of the land to be summoned whereas in truth he was neuer summoned whereupon the tenant loseth by default vpon the Graund cape retourned Now the tenant may haue a writ of Deceit against him that recouered and against the Shirife for his false retourne n Fitzh Nat. bre 97. C. But the writ of Deceit in this case doth not determine the right of the land but doth only defeat the iudgement o 35. H. 6. 44. 18. E. 4. 11. 33. H. 6. 43. 41. E. 3. 2. 43. E. 3. 31. 50 E. 3. 18. And 5. E. 4. is that no dammages in this case shall be recouered against the Shirife but he shall be onelie fined p 5. E. 4. 49. And if a man recouer in a writ of Wast by default whereas the defendant was neuer summoned the defendant in this case may haue a writ of Deceit q 20. E. 3. Disceit 5. 29. E. 3. 54. 48. E. 3. 59. 19. E. 2. Disceit 56. 19. E. 3. Disceit 3. And if a man bargaine with an other and assume vpon consideration to enfeoffe him of certaine land and he enfeoffeth an other he to whom the assumpsit was made may haue a writ of Deceit r 20. H. 6. 36. 16. E. 4. 9. Fitzh Nat. br 98. F. or an Action vpon the case at his pleasure Å¿ 3. H. 7. 14. 2. H 7. 11. And if one sell to an other a Horse which he knoweth to haue a secreat disease in his bodie or selleth certaine quarters of Graine which is full of grauell a writ of Deceit lieth t 20. H. 6. 36. So 13. H. 4. a writ of Deceit was brought for selling a certaine quantitie of wooll and warranting it to be 50. sackes whereas it wanted of that measure the defendant pleaded in barre that it was weyed before the sale and that the seruants of the plaintife being his factors did accepr it and caried it beyond the sea whereupon the plaintife demurred u 13. H. 4. 1. And if a man lose his land by default in a Praecipe quod reddat whereas he was neuer summoned and die his heire may haue an action of Deceit and shall haue restitution of the land uu 8. H. 6. 5. per Rolfe 15. E. 3. Disceit 43. 18. R. 2. Disceit 50. Fitzh Nat. bre 98. Q. And 1. E. 3. in the booke of Assises it is said that if a recouerie in such case be had against the father by default whereas in truth the father was dead at the time of the recouerie the heire may auoide this by writ of Disceit or Error a 1. Ass p. 16. And whereas there be two tenants for life the remainder to the heires of one of them and they both lose by default being not summoned and the tenant for life dieth the suruiuor shall haue a writ of Disceit for the whole Otherwise it had been if the recouerie had been against the tenant for life onelie by default b 8. E. 3. Disceit 7. Nomomath You haue sufficientlie discussed 7. Diuision the point of deceit Now I would craue your opinions of an other matter Suppose that a man by slaunderous and opprobrious speeches is impeached and his good name impaired this being but a verball iniurie whether doe your Lawes inflict punishment vpon such
because he did not giue vnto him the moitie of the other fishe This was adiudged in the Kinges Bench. But now suppose that the condition doth extende onelie to some particular estates whether shall the other estates depending bee totallie defeated by the breach of the condition And surelie our Law is that the breach of the condition shall defeat no estate but onelie that whereunto it is annexed For the case was 3. Mar. that a man deuised land to his wife vppon condition that shee should bring vp his eldest sonne the remainder to the second sonne The elder sonne entreth for the condition broken hee shall onelie defeate the estate of the wife And if the tenant for life and hee in the remainder ioine in a feoffement vppon condition that if such an acte be not done that the tenant for life shall reenter this doth not defeate the entire estate of the feoffee i 3. Mar. 125. Dy. And if a gift of land be made in taile the remainder to the right heires of the donee vppon condition that if hee alien in fee then the donour may enter if the donour enter for the condition broken the estate taile is onelie defeated k 11. H. 7. 6. 13. H. 7. 23. 10. H. 7. 11. So if a man lease land for life by deede indented the remainder ouer in fee rendring a rent with clause of reentrie for non payment by the tenant for life and to reteigne the land during his life If hee enter for the condition broken he shall haue the land onlie during the life of the tenant for life l 29. Ass pla 17. Nomomath I giue yee great thankes for the vnwearied continuance of your paines and though I bee in questioning at a non-plus yet I see your inuention and memorie are not grauelled nor dryed vp parched as it were with summers drought I praie you therefore let vs still conuerse together vnder one roofe within my walles there is no Sinon no Dauus no Momus but chast learning cabboned with frugall contentment that if God doe still vouchsafe the Moone-diall of this darksome life with the reflexe of his intellectuall illumined influence this triple-wheeled clocke may still be kept in motion by the diuine agilitie of his Lawfauouring spirit A TABLE OF THE Sections or Diuisions of the principall pointes matters and questions which are handled in euerie Dialogue The Diuisions and principall contents of the first Dialogue of Prohibitions and Consultations The 1. Diuision 1. THe originall of tithes is inquired of 2. The councell of Constance is said to haue condemned Wicklife for holding tithes to bee pure almes The 2. Diuision 1 The originall of tithes is demonstrated to be by the law of God 2. God his deputies for the receipt of tithes are set downe 3. The heathens which knew not God had great regard of of paying tithes 4. Lucullus is specially commended for the paying of tithes 5. Camillus is likewise commended for his diligence in procuring tenth to be payed 6. The Romanes carefull in paying first fruits 3. Diuision 1 Whether Parsons ought to haue no more liuing then tithes 2. It is denyed by the Canonist that they ought to haue no more liuing 4. Diuision 1 A lay man by the Canon-law may prescribe in paying a speciall portion in lieu of tithes 2. The ciuill lawe agreeth thereunto 3. By the common lawe a man may prescribe in paying a temporall recompence in lieu of tithe 5. Diuision 1 Two sortes of tithes are set downe by the Canonist some feudall some ecclesiasticall 2. The Church onely holdeth conusaunce of the right of tithes by the Cannon lawe 3. The king of Fraunce his edict touching tithes is sette downe 4 That by the Canon law where the question of tithes is facti and not iuris the examination thereof may belong to a laye iudge 5. Where the suite of tithes is betwixt clergie men though it bee meerely possessorie yet it be longeth to an ecclesiasticall iudge by the Canon law 6. Diuision 1 The nature of feudall tithes is opened by the Canonist 2 Charles Martle is accused of Church-pillage 3. The Canonist telleth a strange tale of Charles Martle 4. It is thought of Nomomathes to bee but a fable 5. One of the ancient statutes of England is compared with the aforesaid edict of the king of Fraunce 6. The common law agreeth with the Canon in the attributing of the decision of the right of tithes to the spirituall iudge 7. Where one parson may sue a spoliation against the other in the spirituall court 8. The executors may bee sued in the spirituall court 9. Of what trees tithes may bee demaunded by the statute of 45. E. 3. 10. That the rent payed for tithes vpon a lease for yeares is a laye chattell 7. Diuision 1 A precept issueth with a monition vnder payne of excommunication for the due satisfaction of tithes 8. Diuision 8 The degrees which the Canon law obserueth in punishing offences in the clergie 2. Two sorts of excommunication sette downe by the Canonist 3 The compulsorie statutes of England for payment of tithes are mentioned by the barrister 4. Impropriate tithes at the common law are compared with feudall tithes 9. Diuision 1 The Ordinarie ex officio may cite men to pay tythes 10. Diuision 1 Two sortes of heretickes formatus and suspectus 2. In what cause the wife and children of heretickes shall enioy their landes 3. Heretickes by the ciuill law not punishable by fire 4. The Canonist poasteth the punishment of heretickes to the common law 5. The professor of common law bandeth backe againe the punishment of heretikes to the Canon law 11. Diuision 1 What thinges may bee tearmed Church-land by the ciuill law 2. Of Churchyards the spirituall Court shall hold iurisdiction by the common lawe 3. The right of gleabe lande is triable by the common law 4. Lands deuised not subiect to the iurisdiction of the ecclesiasticall Court 5. Suites for chattels real must be in the spirituall court 12. Diuision 1 That ius patronatus by the Canon law is determinable in the ecclesiasticall court and that it passeth by the word ecclesia 2. The diuers significations of the word ecclesia at the common lawe 3. The interest of the Parson patron and Ordinarie in the Church is shewed 4. What thinges doe make a patron by the Canon law 5. Ius patronatus is one of the proper obiects of the common law 6. That an aduowson lieth in tenure 13. Diuision 1 Punishment pro laesione fidei concerning a temporall acte is not to be adiudged in the ecclesiastical Court 2. Periurie in an ecclesiasticall court punishable in an eclesiasticall court 3. Lindwoods authoritie touching punishment pro laesione fidei in temporall matters at the ecclesiasticall law is not admitted 4 The barrister disproueth the generall citations of Bishoppes ad Sacramenta praestanda by the common lawe 5. Nomomath encountreth him in this point 6. The ciuill law agreeth with the Canon in matter
of the Almightie The Bethshamites were not vnpunished for their prying into the Arke And the prouerbs of the heathens doe admonish vs not to bite the dead nor to wrestle with spirits It is not good to charge the dead with any other thing theÌ„ that which happened in their life for whosoeuer are departed this life stand or fall to their Lord who is the iudge of the quicke and dead and I think 〈…〉 thought of Nomomath to be but a fable the report of the serpent to be but a meere fable discrediting the author and dishonoring that worthie protector of the Christians but what say you Codicgnostes of these matters Codicgnostes I doe not remember any thing in our lawe repugnant to that which Canonologus hath aboue deliuered Nomomath What say you Anglonomophilax Anglonomoph Our law doth neyther fullie agree with that which Canonologus hath vttered neither in verie many things disagree from it as by your patience I shall at large demonstrate Wee haue a rule in our statute-law not much differing from the edict of the King of Fraunce aboue recited by Canonolog In decimis 5 One of the ancient statutes of England is compared with the edict of the king of Fraunce mortuarijs quando sub istis nominibus proponuntur prohibitioni nostrae non est locus dummodo decimarum illarum quantitas non ascendat ad quartam partem bonorum ecclesiae o Artic. cler c. 2. 10. H. 4. 1. Registr 49. b. And as to the diuersitie vsed in the Canon law where the question is facti and not iuris and where it is 6 The Canon law agreeth with the coÌ„mon attributing of the deuision of the right of tithes to the spirituall iudge de petitorio and not de possessorio M. Fitzherbert hath this assertion that if any parishioner doe disturbe or hinder a Parson or Vicar in the carying away of his tithes which is an iniurie in the fact whereas the carriage is through the waies and passages vsed and accustomed the Parson or Vicar may sue in the spirituall court for this disturbance p Fitzh N. B. 51. A. for in this case the spirituall Court proceedeth vnto excommunication q Registr 46. b. 47. a. One Parson may sue a spoliation against 7 Where one parson may sue a spoliation against the other in the spiritual court an other in the spirituall Court for the taking of tithes which belongeth to his Church though they claime by seuerall patrons and by seuerall presentments but this is to bee vnderstoode where the said tenth doeth not amount to the value of the fourth parte of the Church for otherwise the partie greeued may haue an Indicauit because the title of the patronage may come in debate But if they claime by the presentment of one patron theÌ„ a spoliation may be sued although the profits or tithes doe amount to the fourth part or third part or the moitie of the benefice because in such case the title of the patronage shall not come in debate And if a prohibition be sued hereupon the partie may haue a consultation r 2. H. 7. 12. Br. prohibit 16. Fitzh N. B. 51. C. 37. E. 45. B. 30. E. and if a man haue certaine sheepe depasturing and lying within the precinctes of the parish of N. within a yeare the parson of that parish may sue in the spirituall court for the tithe wooll of these sheepe and if the partie sue a prohibition hee may haue a consultation Å¿ Fitzh N. B. 51. D. for the suite for tithe doth properly appertaine to the spirituall Courte as by statute 8 The executors may be sued in the spiritual court it is ordeyned t 1. R. 2. c. 13. 24. H. 8. c. 12. 2. E. 6. c. 13. and it appeareth by the Register of writtes that if the pattie which withholdeth tithe make his executors and die the executors may bee sued u Registr 48. And if a man detaine tithes for his sheep which went in the parish of N. and were depasturing and couching there so long time if the partie die the parson may sue his executors for these tithes in the spirituall Court And so the Parson may sue the executors for the arrerages of tithes due by reason of certaine milnes of the testator in the life of the testator a Fitzherb N. B. 51. G. H. And the parson by prescription may in the spirituall Court claime tythes vitularum lacticiniarum of the beasts pasturing in his parish as namelie milke butter and cheese b Fitzherb ib. Regist 48. and the tythes of wooll and the tythes of honie and waxe c Fitzherb ib. and for these hee may sue in the spirituall Court and by manie authorities in our law the right of tythes is tryable in the spiritual Court d 22. E. 4. 24. 38. H. 6. 21. 22. Assis 75. But where a maÌ„ is sued for tythes of great trees aboue the age of twentie yeeres a prohibition will lye by the statute of 45. 9. Of what trees tythe may be demaunded by the statute of 45. E. â— E. 3. but of horne beames salowes and the like of what age soeuer they be being not apt for timber tythes ought to be payed e Ploid Com. en le case enter Soby Mol. And the branches of trees which be priuiledged from tythes shall be also priuiledged and the suit for the tyth branches of trees which are not priuiledged shall be in the spirituall Court as well as the suit for the tythe of the trees themselues for as Bracton saith non pertinet ad iudicem secularem cognoscere de ijs quae sunt spiritualibus annexa f Bract. lib. 5. c. 2. And thus it may appeare that as soone as the right of tythes commeth in debate the lay Court ought to cease and shall be out of iurisdiction and if it may appeare that the right of aduowson commeth in debate the spirituall Court shall be out of iurisdiction But if the parson of N. doe lease for yeares a certaine portion of his tythes rendering a rent hee shall haue an action of Dette for the rent if it be behind â—â— That the rent paied for Tythes vpon a lease for yeeres is a lay chattell at the common Law and not in the spirituall Court because the money is a lay chattell g 8. R. 2. Iurisdict 2â— D. 5. 106. And if the Parson take Oates or other graine as his Tythe and an other taketh them awaie from him the nature is altered and now they are become a lay chattell and the Parson shall haue an action of Trespas at the common Law h 35. H. 6. 39. Yea by the booke of 2. Ed. 4. if they be seuered from the ix part and not yet in the actuall possession of the Parson Yet if a stranger carie them awaie he may haue an action of Trespas i 2. E. 4. 15. 20. E. 4. 3.
transported from Troy to Greece from a floud of hony to a sea of nectar being the blazing starre to that famous warre which the brauest soldiers doe at this day admire At Capis quorum melior sententia menti what thought they of this popular miracle what thought Eneas that she was Troiae patriae communis erinnis what thought Antenor a wise iust and vertuous nobleman Antenor censet belli praecidere causam But if euery thing that the common people approueth be commendable what is then discommendable euen that which deserueth most commendation namely vertue it selfe When one tolde Antisthenes that the most part liked him hee demaunded of him incontinent for what vice they liked him as if it were impossible that vertue should please the common people Anacharsis thought it verie inconuenient that artificers should contend in cunning and these that had no arte should bee iudges of their cunning by the same reason they that are not vertuous can not iudge of them that be vertuous if they can not iudge of them how can they with conscience praise them and if not them how can they with safe conscience praise others Is it not therefore a madnes to gape for their suffrage which are incompetent iudges and to care for their controlment which are vnsensible censors Phocion liked nothing that the common people liked Seneca thinketh that none can please the people to whom vertue is pleasant ee Senec. epist 29. The multitude haue this prouerbe verie rife in their mouthes too many to bee good and yet in this glasse they can not see themselues as they likewise said â—mnia plena stultorum forgetting themselues This beast of many heades hath a threeforked tongue with the one part it tickleth the eares of them whom they flatter with the other it licketh their wounds with the last and sharpest it pricketh their hearts with the first they flatter them lulling their sences with faire wordes and with soft speeches sliding into the bosome by forgeries and fables with the other they licke their woundes excusing their crimes extenuating their faultes cooling and calming their rage that are incensed against them with the third they pricke for let the popular idoll be once crushed none will sooner tread vpon him then the people if perhaps they weepe for him in this especially the prouerbe verified lachryma nihil citiùs arescit They deale with their idols as the diuell dealeth with witches when they are in prison they leaue them Nay for the most part none are more proan and readie to accuse when time serueth then these adulatorious excusers Quo teneam vultum mutantem protea nodo The wayward people may be iustly compared to a bundell of thornes which will beare vp a great man but will pricke him if he leane or lie vpon it They are like the windes which Neptune trussed vp and deliuered in a bagge to Vlisses f Ouid. in Metamorph. beeing sure as long as the mouth of the bagge is shut but if there be neuer so little a chinke or riffe they quicklie glaunce out one raunging one way an other some other way like to Samsons foxes with fire-brandes at their tayles What a frenzie is it therfore for any to plant his credit vpon such restles braines as if a man should endeuour to make the sea solid to make mountaines plaine to build a castle in the aire and to measure a flies foote for these blind puppies follies naturall children melius peius profit obsit nihil vident nisi quod lubet g Terenti But who list to know the maners and practizes of the people more fully let him bend the right eye of his mind to historicall contemplation then he may see Verres accused and conuicted of diuers villanies of notable spoyles and robberies of a thousand excessiue briberies at the least false iudgements in number more yet by plebiscite or popular determination to be quitted and freed but by the sentence of the same Iudges Rutilius Metellus Coriolanus Scipio the elder Affrican and Cicero men of rare vertues are confined and banished out of Rome innocent Hermodorus is thrust out of Ephesus Aristides chased out of Athens Themistocles dieth in exile Socrates endeth his life in prison so vniust a measure to good deserts is the fantasie of the multitude Phocion a mirror of integritie the glorie of his time and the honour of Athens who was fortie and fiue times chosen by the earnest desire of the people to be their chiefe Captaine which he administred to the great good of that estate yet in the end they condemned him to death h Plut. in Phoci But Antiphon that vicious varlet and steigne of Athens was by the people absolued and acquited as altogether innocent which absolution Demosthenes not brooking did so hotely pursue the matter that he caused him afterward to be condemned and put to death by the decree of the Areopagites i Plut. in Demosth And alas what praise can there be giuen to the people for any action commenced and caried by them did Rome florish by popular effectes no Salust saith that the credit therof belonged to some fewe excellent gouernors k Salust in princip Catâ—l Liuie saith Sub vmbra Scipionis vrbem terrarum dominam latere nutus eius pro decret is patrum pro populi iussis este Vnder the shadow of Scipio the Citie the Ladie of the word did cabbon his beckes were the decrees of the Senate the commaundes of the people l Liui. lib. 30. So did the Thebane state a long time florish but it was by the wisedome of Pelopidas Epamondas and other speciall men So the Athenians hauing lost their prudent gouernor Pericles they lost the true and essentiall forme of their Citie which being as a ship in the middest of the sea without mast and rudder whilest one casteth the anchor an other spreadeth the sayle one keepeth the hauen an other mooueth the sterne all goeth sodainlie to wracke m Polyb. lib. 6. Foolish were the Argentinians Lindouians they of Seene they of Genoway they of Florence who seeking to settle popular gouernement did pluck vp from the roote their auncient nobilitie and hauing made three degrees of Citizens some great some meane some vulgar They of the two last rankes did vtterlie subuert the gouernement of the first and then contending amongest themselues did burne in such furie one against an other that streames of bloud did run in the streetes and the state being now couched and deuolued to the dregges of the people they neuer left of killing and slaughtering till by the aduise of the Pope and the neighbour-cities they had wholie submitted themselues to a straunge gouernour n Anton in et Machiauel in hist Flor. Thus in the end they came to a Monarchicall estate And these Nations which haue no resemblance of a citie in them do create a Duke or Capitaine who may gouerne the rest and prescribe Law vnto