he said himself from Page So he had brought his People from Lacquay Not to run up and down for their Laws to the Civil Law and the Ordinances and the Customs and the Discretions of Courts and discourses of Philosophers as they use to do King Henry the Eighth in the twenty seventh year of his Reign was authorized by Parliament to nominate 32 Commissioners part Ecclesiastical and part Temporal To purge the Canon Law and to make it agreeable to the Law of God and the Law of the Land But it took not effect For the Acts of that King were commonly rather Proffers and Fames than either well grounded or well pursued But I doubt I erre in producing so many examples For as Cicero said to Caesar so may I say to your Majesty Nil vulgare te dignum videri possit Though indeed this well understood is far from Vulgar For that the Laws of the most Kingdoms and States have been like Buildings of many pieces and patched up from time to time according to occasions without Frame or Model Now for the Laws of England if I shall speak my Opinion of them without partiality either to my Profession or Country for the Matter and Nature of them I hold them Wise Just and Moderate Laws They give to God they give to Caesar they give to the Subject what appertaineth It is true they are as mixt as our Language compounded of British Roman Saxon Danish Norman Customs And surely as our Language is thereby so much the richer So our Laws are likewise by that Mixture the more compleat Neither doth this attribute less to them than those that would have them to have stood out the same in all Mutations For no Tree is so good first set as by transplanting and Grafting I remember what happened to Callisthenes that followed Alexanders Court and was grown into some displeasure with him because he could not well brook the Persian Adoration At a Supper which with the Grecians was a great part Talk he was desired the King being present because he was an Eloquent Man to speak of some Theme Which he did And chose for his Theme the praise of the Macedonian Nation Which though it were but a filling Thing to praise Men to their Faces yet he performed it with such advantage of Truth and avoidance of Flattery and with such Life as was much applauded by the Hearers The King was the less pleased with it not loving the Man and by way of discountenance said It was easie to be a good Oratour in a pleasing Theme But saith he to him Turn your stile And tell us now of our faults that we may have the profit and not you the praise only Which he presently did with such Quickness that Alexander said That Malice made him Eloquent then as the Theme had done before I shall not fall into either of these extreams in this subject of the Laws of England I have commended them before for the Matter but surely they ask much amendment for the Form Which to reduce and perfect I hold to be one of the greatest Dowries that can be confer'd upon this Kingdom Which Work for the Excellency as it is worthy your Majesties Act and Times So it hath some circumstance of Propriety agreeable to your Person God hath blessed your Majesty with Posterity And I am not of opinion that Kings that are barren are fittest to supply Perpetuity of Generations by perpetuity of Noble Acts But contrariwise that they that leave Posterity are the more interessed in the Care of Future Times That as well their Progeny as their People may participate of their Merit Your Majesty is a great Master in Justice and Judicature And it were pity the fruit of that your Vertue should not be transmitted to the Ages to come Your Majesty also reigneth in learned times the more no doubt in regard of your own perfection in Learning and your Patronage thereof And it hath been the Mishap of Works of this Nature that the less Learned Time hath sometimes wrought upon the more Learned Which now will not be so As for my self the Law was my Profession to which I am a Debter Some little helps I have of other Arts which may give Form to Matter And I have now by Gods merciful Chastisement and by his special Providence time and leisure to put my Talent or half-Talent or what it is to such Exchanges as may perhaps exceed the Interest of an Active Life Therefore as in the beginning of my Troubles I made offer to your Majesty to take pains in the Story of England and in compiling a Method and Digest of your Laws So have I performed the first which rested but upon my self in some part And I do in all humbleness renew the offer of this latter which will require Help and Assistance to your Majesty if it shall stand with your good pleasure to imploy my Service therein THE HISTORY OF THE REIGN OF KING Henry the Eighth LONDON Printed by J. M. for Humphrey Robinson and Sold by William Lee 1670. THE HISTORY OF THE REIGN OF KING Henry the Eighth AFter the Decease of that Wise and Fortunate King Henry the VII who died in the Height of his Prosperity there followed as useth to do when the Sun setteth so exceeding clear one of the fairest Mornings of a Kingdom that hath been known in this Land or any where else A young King about 18 years of Age for Stature Strength Making and Beauty one of the goodliest Persons of his time And though he were given to Pleasure yet he was likewise desirous of Glory So that there was a passage open in his Mind by Glory for Vertue Neither was he un-adorned with Learning though therein he came short of his Brother Arthur He had never any the least Pique Difference or Jealousie with the King his Father which might give any occasion of altering Court or Counsel upon the change but all things passed in a Still He was the first Heir of the White and the Red Rose So that there was no discontented Party now left in the Kingdom but all Mens Hearts turned towards him And not only their Hearts but their Eyes also For he was the only Son of the Kingdom He had no Brother which though it be a comfortable thing for Kings to have yet it draweth the Subjects Eyes a little aside And yet being a married Man in those young years it promised hope of speedy Issue to succeed in the Crown Neither was there any Queen Mother who might share any way in the Government or clash with his Counsellours for Authority while the King intended his pleasure No such thing as any Great and Mighty Subject who might any way eclipse or overshade the Imperial Power And for the people and State in general they were in such lowness of obedience as Subjects were like to yield who had lived almost four and twenty years under so politique a King as his Father Being also one who came partly in by the Sword And had so high a Courage in all points of Regalitie And was ever victorious in Rebellions and Seditions of the People The Crown extreamly rich and full of Treasure and the Kingdom like to be so in short time For there was no War no Dearth no Stop of Trade or Commerce it was only the Crown which had sucked too hard and now being full and upon the head of a young King was like to draw less Lastly he was Inheriter of his Fathers Reputation which was great throughout the World He had streight Alliance with the two Neighbour States an ancient Enemy in former times and an ancient Friend Scotland and Burgundy He had Peace and Amity with France under the Assurance not only of Treaty and League but of Necessity and Inhability in the French to do him hurt in respect that the French Kings Designs were wholly bent upon Italy So that it may be truly said there had scarcely been seen or known in many Ages such a rare Concurrence of Signs and Promises of a happy and flourishing Reign to ensue as were now met in this young King called after his Fathers name HENRY the Eighth c. FINIS Characters of the Persons Eusebius beareth the Character of a Moderate Divine Gamaliel of a Protestant Zelant Zebedaeus of a Romish Catholick Zelant Martius of a Militar Man Eupolis of a Politick Pollio of a Courtier
arbitror exitisse Belli Causam Athenienses magnos effectos Lacedemoniis formidolosos 〈◊〉 illts imposuisse Bellandi Quae autem propalam 〈◊〉 utrinque 〈◊〉 〈◊〉 fuerunt c. The truest Cause of this War though least voiced I conceive to have been this That the Athenians being grown great to the terrour of the Lacedemonians did impose upon them a Necessity of a War But the Causes that went abroad in speech were these c. Sulpitius Galba Consul when he perswaded the Romans to a Preventive War with the latter Philip King of 〈◊〉 in regard of the great Preparations which Philip had then on foot and his Designs to ruine some of the Confederates of the Romans confidently saith That they who took that for an Offensive War understood not the state of the Question Ignorare videmini mihi Quirites non utrum bellum an pacem habeatis vos consuli neque enim liberum id vobis permittet Philippus qui terra marique ingens bellum molitur sedutrum in Macedoniam legiones transportetis an hostem in Italiam recipiatis Ye seem to me ye Romans not to understand that the Consultation before you is not whether you shall have War or Peace for Philip will take order you shall be no Choosers who prepareth a mighty War both by Land and Sea but whether you shall transport the War into Macedon or receive it into Italy Antiochus when he incited 〈◊〉 King of 〈◊〉 at that time in Leagne with the 〈◊〉 to joyn with him in War against them setteth before him 〈◊〉 〈◊〉 Fear of the over-spreading Greatness of the Romans 〈◊〉 it to a Fire that continually took and spread from Kingdom to Kingdom Venire Romanos ad 〈◊〉 Regna tollenda ut nullam usquam orbis terrarum nist Romanum imperium esset Philippum Nabin expugnatos se tertium peti Ut quisque proximus ab oppresso sit per omnes velut continens incendium pervasurum That the Romans came to pull down all Kingdoms and to make the State of Rome an universal Monarchy That Philip and Nabis were already ruinated and now was his turn to be assailed So that as every State lay next to the other that was oppressed so the Fire perpetually grazed Wherein it is well to be noted that towards ambitious States which are noted to aspire to great Monarchies and to seek upon all occasions to enlarge their Dominions Crescunt Argumenta justi Metus All particular fears do grow and multiply out of the Contemplation of the general Courses and Practice of such States Therefore in Deliberations of War against the Turk it hath been often with great judgement maintained That Christian Princes and States have always a sufficient Ground of Invasive War against the Enemy Not for Cause of Religion but upon a Just Fear For as much as it is a Fundamental Law in the Turkish Empire that they may without any other provocation make War upon Christendom for the Propagation of their Law So that there lieth upon the Christians a perpetual Fear of a War hanging over their heads from them And therefore they may at all times as they think good be upon the Prevention Demosthenes exposeth to scorn Wars which are not Preventive comparing those that make them to Countrey Fellows in a Fencing-School that never ward till the Blow be past Ut Barbari Pugiles dimicare solent it a vos bellum geritis cum Philippo Ex his enim is qui ictus est ictui semper inhaeret Quod si cum alibi verberes illo manus transfort Idum autem depellere aut prospicere neque scit neque vult As Country Fellows use to do when they play at Wasters such a kinde of War do you Athenians make with Philip For with them he that gets a blow streight falleth to ward when the blow is past And if you strike him in another place thither goes his hand likewise But to put by or foresee a blow they neither have the skill nor the will Clinias the Candiaen in Plato speaks desperately and wildly As if there were no such thing as Peace between Nations But that every Nation expects but his Advantage to War upon another But yet in that Excess of Speech there is thus much that may have a Civil Construction Namely that every State ought to stand upon his Guard and rather prevent than be prevented His words are Quam rem fere vocant Pacem nudum inane Nomen est Revera autem omnibus adversus omnes Civitates bellum sempiternum perdurat That which Men for the most part call Peace is but a naked and empty Name But the truth is that there is ever between all Estates a secret War I know well this Speech is the Objection and not the Decision and that it is after refuted But yet as I said before it bears thus much of Truth That if that general Malignity and Pre-disposition to War which he untruly figureth to be in all Nations be produced and extended to a just Fear of being oppressed then it is no more a true Peace but a Name of a Peace As for the Opinion of Iphicrates the Athenian it demands not so much towards a War as a just Fear but rather cometh near the opinion of Clinias As if there were ever amongst Nations a Brooding of a War and that there is no sure League but Impuissance to do hurt For he in the Treaty of peace with the Lacedemonians speaketh plain language Telling them there could be no true and secure Peace except the Lacedemonians yielded to those things which being granted it would be no longer in their power to hurt the Athenians though they would And to say truth if one mark it well this was in all Memory the Main Piece of Wisdom in strong and prudent Counsels To be in perpetual watch that the States about them should neither by Approach nor by Encrease of Dominion nor by Ruining Confederates nor by Blocking of Trade nor by any the like means have it in their power to hurt or annoy the States they serve And whensoever any such Cause did but appear straightways to buy it out with a War and never take up Peace at Credit and upon Interest It is so memorable and it is yet as fresh as if it were done yesterday how that Triumvirate of Kings Henry the Eighth of England Francis the First of France and Charles the Fifth Emperour and King of Spain were in their times so provident as scarce a Palme of Ground could bee gotten by either of the Three but that the other Two would be sure to do their best to set the Ballance of Europe upright again And the like diligence was used in the Age before by that League wherewith Guicciardine beginneth his Story and maketh it as it were the Kalendar of the good dayes of Italy which was contracted between Ferdinando King of Naples Lorenzo of Medici Potentate of Florence and Lodovico Zforza Duke of Milan designed chiefly against
a great time in the Protection of the League of France whereby they had their hands full After being brought extream low by their vast and continual Embracements they were enforced to be quiet that they might take breath and do Reparations upon their former Wastes But now of late Things seem to come a pace to their former Estate Nay with far greater Disadvantage to us For now that they have almost continued and as it were arched their Dominions from Milan by the Valtoline and Palatinate to the Low Countreys We see how they thirst and pant after the utter Ruine of those States Having in contempt almost the German Nation and doubting little opposition except it come from England Whereby either we must suffer the Dutch to be ruined to our own manifest prejudice Or put it upon the hazard I spake of before that Spain will cast at the fairest Neither is the point of Internal Danger which groweth upon us to be forgotten This That the Party of the Papists in England are become more knotted both in Dependance towards Spain and amongst themselves than they have been Wherein again comes to be remembred the Case of 88. For then also it appeared by divers secret Letters that the Design of Spain was for some years before the Invasion attempted to prepare a Party in this Kingdom to adhere to the Foreigner at his coming And they bragged that they doubted not but to abuse and lay asleep the Queen and Council of England as to have any fear of the Party of Papists here For that they knew they said the State would but cast the eye and look about to see whether there were any Eminent Head of that Party under whom it might unite it self And finding none worth the thinking on the State would rest secure and take no apprehension Whereas they meant they said to take a course to deal with the People and particulars by Reconcilements and Confessions and Secret Promises and cared not for any Head of Party And this was the true reason why after that the Seminaries began to blossom and to make Missions into England which was about the three and twentieth year of Queen Elizabeth at what time also was the first suspition of the Spanish Invasion then and not before grew the sharp and severe Laws to be made against the Papists And therefore the Papists may do well to change their thanks And whereas they thank Spain for their Favours to thank them for their Perils and Miseries if they should fall upon them For that nothing ever made their Case so ill as the Doubt of the Greatness of Spain which adding Reason of State to Matter of Conscience and Religion did whet the Laws against them And this Case also seemeth in some sort to return again at this time except the Clemency of his Majesty and the State do superabound As for my part I do wish it should And that the Proceedings towards them may rather tend to Security and Providence and Point of State than to Persecution for Religion But to conclude These Things briefly touched may serve as in a Subject Conjectural and Future for to represent how just Cause of Fear this Kingdom may have towards Spain Omitting as I said before all present and more secret Occurrences The third Ground of a War with Spain I have set down to be A Just Fear of the Subversion of our Church and Religion Which needeth little Speech For if this War be a Defensive as I have proved it to be no Man will doubt That a Defensive War against a Foreigner for Religion is lawful Of an Offensive War there is more Dispute And yet in that instance of the War for the Holy Land and Sepulchre I do wonder sometimes that the School-Men want words to defend that which St. Bernard wanted words to commend But I that in this little Extract of a Treatise do omit things necessary am not to handle things unnecessary No man I say will doubt but if the Pope or King of Spain would demand of us to forsake our Religion upon pain of a War it were as unjust a Demand as the Persians made to the Grecians of Land and Water Or the Ammonites to the Israelites of their Right Eyes And we see all the Heathen did stile their Defensive Wars Pro Aris Focis Placing their Altars before their Hearths So that it is in vain of this to speak further Onely this is true That the Fear of the Subversion of our Religion from Spain is the more just for that all other Catholick Princes and States content and contain themselves to maintain their Religion within their own Dominions and meddle not with the Subjects of other States Whereas the Practice of Spain hath been both in Charles the Fifth's time and in the time of the League in France by War And now with us by Conditions of Treaty to intermeddle with Foreign States and to declare themselves Protectors General of the Party of Catholicks through the World As if the Crown of Spain had a little of this That they would plant the Popes Laws by Arms as the Ottomans do the Law of Mahomet Thus much concerning the first main Point of Justifying the Quarrel if the King shall enter into a War For this that I have said and all that followeth to be said is but to shew what he may do The Second main Part of that I have propounded to speak of is the Ballance of Forces between Spain and us And this also tendeth to no more but what the King may do For what he may do s of two kindes What he may do as Just And what he may do as Possible Of the one I have already spoken Of the other I am now to speak I said Spain was no such Giant And yet if he were a Giant it will be but as it was between David and Goliah for God is on our side But to leave all Arguments that are Supernatural and to speak in an Humane and Politick Sense I am led to think that Spain is no Over-match for England by that which leadeth all Men That is Experience and Reason And with Experience I will begin For there all Reason beginneth Is it Fortune shall we think that in all Actions of War or Arms great and small which have happened these many years ever since Spain and England have had any thing to debate one with the other the English upon all Encounters have perpetually come off with honour and the better It is not fortune sure She is not so constant There is somewhat in the Nation and Natural Courage of the People or some such thing I will make a brief List of the Particulars themselves in an Historical Truth no ways strowted nor made greater by Language This were a fit Speech you will say for a General in the Head of an Army when they wére going to Battel Yes And it is no less fit Speech to be spoken in the Head of a Council upon
most general good of people may justifie the Action be the people more or less Civil But Eupolis I shall not easily grant that the people of Peru or Mexico were such brute Savages as you intend or that there should be any such difference between them and many of the Infidels which are now in other parts In Peru though they were unapparelled People according to the Clime And had some Customs very barbarous Yet the Government of the Incae's had many parts of Humanity and Civility They had reduced the Nations from the Adoration of a multitude of Idols and Fancies to the Adoration of the Sun And as I remember the Book of Wisdom noteth degrees of Idolatry making that of Worshipping Petty and Vile Idols more gross than simply the Worshipping of the Creature And some of the Prophets as I take it do the like in the Metaphore of more ugly and bestial Fornication The Peruvians also under the Incaes had magnificent Temples of their Superstition They had strict and regular Justice They bare great Faith and Obedience to their Kings They proceeded in a kind of Martial Justice with their Enemies offering them their Law as better for their own good before they drew their Sword And much like was the State of Mexico being an Elective Monarchy As for those people of the East Goa Calecute Malaca they were a fine and dainty people Frugal and yet Elegant though not Militar So that if things be rightly weighed the Empire of the Turks may be truly affirmed to be more barbarous than any of these A cruel Tyranny bathed in the blood of their Emperours upon every Succession A heap of Vassals and Slaves No Nobles No Gentlemen No Free-men No Inheritance of Land No Stirp or Ancient Families A people that is without Natural Affection and as the Scripture saith that Regardeth not the desires of Women And without Piety or care towards their Children A Nation without Morality without Letters Arts or Sciences That can scarce measure an Acre of Land or an hour of the Day Base and sluttish in Buildings Diets and the like And in a word a very reproach of Human Society And yet this Nation hath made the Garden of the World a Wilderness For that as it is truly said concerning 〈◊〉 Turks Where Ottomans Horse sets his Foot people will come 〈◊〉 thin Pollio Yet in the midst of your Invective Martius do the Turks this right as to remember that they are no Idolaters For if as you say there be a difference between Worshipping a 〈◊〉 Idol and the Sun There is a much greater difference between worshipping a Creature and the Creator For the Turks do acknowledge God the Father Creator of Heaven and Earth being the first Person in the Trinity though they deny the rest At which Speech when Martius made some pause Zebedaeus replied with a Countenance of great Reprehension and Severity Zebed We must take heed Pollio that we fall not at unawares into the Heresie of Manuel Comnenus Emperour of Grecia Who affirmed that Mahomets God was the true God Which Opinion was not only rejected and condemned by the Synod but imputed to the Emperour as extream Madness Being reproached to him also by the Bishop of Thessalonica in those bitter and strange Words as are not to be named Martius I confess that it is my Opinion that a War upon the Turk is more worthy than upon any other Gentiles Infidels or Savages that either have been or now are both in point of Religion and in point of Honour Though facility and hope of Success might perhaps invite some other Choice But before I proceed both my Self would be glad to take some Breath And I shall frankly desire that some of your Lordships would take your turn to speak that can do it better But chiefly for that I see here some that are excellent Interpreters of the Divine Law though in several ways And that I have reason to distrust mine own Judgment both as weak in it self and as that which may be overborn by my Zeal and Affection to this Cause I think it were an Errour to speak further till I may see some sound Foundation laid of the Lawfulness of the Action by them that are better versed in that Argument Eupolis I am glad Martius to see in a Person of your Profession so great Moderation in that you are not transported in an Action that warms the blood and is appearing Holy to blaunch or take for admitted the point of Lawfulness And because methinks this Conference prospers if your Lordships will give me leave I will make some motion touching the distribution of it into Parts Unto which when they all assented Eupolis said Eupolis I think it would not sort amiss if Zebedaeus would be pleased to handle the Question Whether a War for the Propagation of the Christian Faith without other cause of Hostility be lawful or no and in what Cases I confess also I would be glad to go a little further And to hear it spoken to concerning the Lawfulness not only permissively but whether it be not Obligatory to Christian Princes and States to design it Which part if it please Gamaliel to undertake the point of the Lawfulness taken simply will be Compleat Yet there resteth the Comparative That is it being granted that it is either Lawful or Binding yet whether other things be not to be preferr'd before it As Extirpation of Heresies Reconcilements of Schisms Pursuit of Lawful Temporal Rights and Quarrels and the like And how far this Enterprise ought either to wait upon these other Matters Or to be mingled with them Or to pass by them and give Law to them as inferiour unto it self And because this is a great part and Eusebius hath yet said nothing we will by way of Mulct or Pain if your Lordships think good lay it upon him All this while I doubt much that Pollio who hath a sharp Wit of Discovery towards what is Solid and Real and what is Specious and Aiery will esteem all this but Impossibilities and Eagles in the Clouds And therefore we shall all intreat him to crush this Argument with his best Forces That by the Light we shall take from him we may either cast it away if it be found but a Bladder Or discharge it of so much as is vain and not sperable And because I confess I my self am not of that Opinion although it be an hard Encounter to deal with Pollio yet I shall do my best to prove the Enterprise Possible And to shew how all Impediments may be either removed or overcomen And then it will be fit for Martius if we do not desert it before to resume his further Discourse as well for the Perswasive as for the Consult touching the Means Preparations and all that may conduce unto the Enterprise But this is but my Wish your Lordships will put it into better order They all not only allowed the Distribution but accepted the Parts But because
into them yet they mollifie even Tyranny it self As Solons Laws did the Tyranny of Pisistratus And then commonly they get up again upon the first Advantage of better times Other means to perpetuate the Memory and Merits of Soveraign Princes are inferiour to this Buildings of Temples Tombs Palaces Theaters and the like are honourable things and look big upon Posterity But Constantine the Great gave the Name well to those works when he used to call Trajan that was a great Builder Parietaria Wall-Flower Because his Name was upon so many Walls So if that be the Matter that a King would turn Wall-flower or Fellitory of the Wall with cost he may Adrian's vein was better For his mind was to wrestle a fall with Time And being a great Progressour through all the Roman Empire when ever he found any Decaies of Bridges or High-ways or Cuts of Rivers and Sewers or Walls or Banks or the like he gave substantial order for their repair with the better He gave also Multitudes of Charters and Liberties for the comfort of Corporations and Companies in decay So that his Bounty did strive with the Ruines of Time But yet this though it were an excellent Disposition went but in effect to the Cases and Shells of a Common-wealth It was nothing to Vertue or Vice A bad Man might indifferently take the benefit and ease of his Waies and Bridges as well as a good And bad People might purchase good Charters Surely the better Works of Perpetuity in Princes are those that wash the in-side of the Cup. Such as are Foundations of Colledges and Lectures for Learning and Education of youth Likewise Foundations and Institutions of Orders and Fraternities for Nobleness Enterprise and Obedience and the like But yet these also are but like Plantations of Orchards and Gardens in Plots and Spots of Ground here and there They do not till over the whole Kingdom and make it fruitful as doth the Establishing of good Laws and Ordinances Which makes a whole Nation to be as a well ordered Colledg or Foundation This kind of Work in the memory of Times is rare enough to shew it Excellent And yet not so rare as to make it suspected for Impossible Inconvenient or Unsafe Moses that gave Laws to the Hebrews because he was the Scribe of God himself is fitter to be named for honours sake to other Law-Givers than to be numbred or ranked amongst them Minos Lycurgus and solon are Examples for Themes of Grammar Scholars For ancient Personages and Characters now adays use to wax Children again Though that Parable of Pindarus be true The best thing is Water For Common and Trivial Things are many times the best And rather despised upon Pride because they are vulgar than upon Cause or Use. Certain it is that the Laws of those three Law-Givers had great Prerogatives The first of Fame Because they were the Pattern amongst the Grecians The second of Lasting For they continued longest without alteration The third of a Spirit of Reviver To be often oppressed and often restored Amongst the seven Kings of Rome four were Law-Givers For it is most true that a Discourser of Italy saith There was never State so well swadled in the Infancy as the Roman was by the vertue of their first Kings Which was a principal Cause of the wonderful growth of that State in after times The Decemvirs Laws were Laws upon Laws not the Original For they grafted Laws of Grecia upon Roman Stock of Laws and Customs But such was their success as the Twelve Tables which they compiled were the main Body of the Laws which framed and weilded the great Body of that Estate These lasted a long time with some Supplementals and the Pretorian Edicts in Albo Which were in respect of Laws as Writing Tables in respect of Brass The one to be put in and out as the other is permanent Lucius Cornelius Sylla reformed the Laws of Rome For that Man had three Singularities which never Tyrant had but he That he was a Law-Giver That he took part with the Nobility And That he turned Private Man not upon Fear but upon Confidence Caefar long after desired to imitate him only in the First For otherwise he relied upon new Men And for resigning his Power Seneca describeth him right Caesar gladium citò condidit nunquam posuit Caesar soon sheathed his Sword but never put it off And himself took it upon him saying in scorn of Sylla's Resignation Sylla nescivit literas dictare non potuit Sylla knew no letters he could not dictate But for the part of a Law-Giver Cicero giveth him the Attribute Caefar si ab eo quaereretur quid egisset in Togâ leges se respondisset multas praeclaras tulisse If you had asked Caesar what he did in the Gown he would have answered that he made many excellent Laws His Nephew Augustus did tread the same steps but with deeper print because of his long Reign in peace Whereof one of the Poets of his time saith Pace datâ terris animum ad Civilia vertit Jura suum legesque tulit justissimus Author From that time there was such a Race of Wit and Authority between the Commentaries and Decisions of the Lawyers and the Edicts of the Emperours as both Laws and Lawyers were out of breath Whereupon Justinian in the end recompiled both And made a Body of Laws such as might be weilded which himself calleth gloriously and yet not above truth The Edifice or Structure of a sacred Temple of Justice Built indeed out of the former Ruines of Books as Materials and some Novel Constitutions of his own In Athens they had Sexviri as AEschincs observeth which were standing Commissioners Who did watch to discern what laws waxed unproper for the Times and what new Law did in any branch cross a former Law and so Ex officio propounded their Repeal King Edgar collected the Laws of this Kingdom and gave them the strength of a Faggot bound which formerly were dispersed Which was more glory to him then his Sailing about this Island with a potent Fleet. For that was as the Scripture saith Via navis in mari The way of a Ship in the Sea It vanished but this lasteth Alphonso the Wise the ninth of that Name King of Castile compiled the Digest of the Laws of Spain Intituled the Siete Partidas An excellent Work which he finished in seven years And as Tacitus noteth well That the Capitol though built in the beginings of Rome yet was fit for the great Monarchy that came after So that Building of Laws sufficeth the Greatness of the Empire of Spain which since hath ensued Lewis the eleventh had it in his mind though he performed it not to have made one constant Law of France Extracted out of the Civil Roman Law and the Customs of Provinces which are various and the Kings Edicts which with the French are Statutes Surely he might have done well if like as he brought the Crown as