THE FIRST CHARGE BY THE DVKE against Duellum.

RIght noble audience, and fellowes at armes. I haue inuited you hither to day for your good company, which I can neuer be weary of: and partly also out of the aboundance of my heart, to impart vnto you some­what, that may stead you hereafter, wheresoeuer yee become. Yee haue beene pleased ere now, to heare your Generalls voyce halfe an hower together. And it hath beene I thinke for your good. My words concluded then with commanding, but now with intreating, and mutuall imbracing. Men of peace may bee to seeke in time of warres. So you, that come new­ly from the warres, may bee to seeke of your carriage in time of peace. Yee were men of sort, and noble, the most of yee, before yee came hither. And yee haue lost no repu­tation by your comming, but shall returne into your coun­tries (I doubt not) with much increase of honour. Honour in regard of your owne approoued valour. Honour in re­spect of the cause, and quarrell yee haue spent your time in, and much of your blood. For what more Honourable, then to fight against the great deuourer of Christianity, the vp­braider of Jsraell, and blasphemer of the Sonne of God, Christ Iesus? Yea, how much more honourable this, then to waste our Jrascible part vpon one another at home? Not onely to fight and kill, if we can; but when we haue done our worst, to beare malice, and deadly feud still, and some­times, [Page 2]as long as we liue. A very bad vse in our countrey. Euen family against family, and man against man, without all moderation. Those whom God gaue his life for, we will take life from. Those whom he suffered paine for, we would put to paine if we could, or to shame if we cannot. Those who by generation, or regeneration, should be our brothers, and all one with vs, all selected children of one God, and parteners of one blessing; we seeke to dishonour by word, or deede, vpon euery light occasion. We that should beare one anothers burthen, and doe as we would be done to, we doe the contrary, heape coles one vpon another, deeme the worst of euery bodie, as we list, neuer reflect vpon Gods Law, or mans Law, but how to wreake our anger, and make our humors therein both Iudge, and hangman.

Thankes be to God, our hand hath not bin hitherto in our neighbours bloud. We haue spent our anger, and fury, where it can neuer bee ill, or better bestowed, vpon the grand-enemies of God, our new Philistims. Whom to strike is duty, to kill is Honour, and to bee killed of them a sacri­fice. There to fight, wee are sure is Gods battell; there to bee valiant, is true valour; there, feare wee no iniustice in the worst wee can; nor neede to bee ouer scrupulous to thrust our swordes in vp to the hilts. There to turne our backes is cowardize; there to bee afraide, is to bee white liuered; there, to shew pitty, were impiety; and they that should bee fainting, or faulty therein, might be truely char­ged with dishonour. The cause iust, and honorable; the quarrell Gods, not ours; commanded by lawfull authority, not by humane leuity. The honour ours, if wee winne; no dishonour, if wee loose, so we doe our indeauour.

There bee men, too fewe for ought I see, to bee imployed in that honourable seruice. And yet wee fight, and wrangle, and kill vp one another at home, and robbe the Christian common-weale of their interest in vs, without mercy, pitty, or true manhood indeede, as I shall prooue vnto you. If our idle spirits at home did but see, what we haue seene, the inundation of hell-hounds, that haue come downe vpon vs by hundreds of thousands at once, their noise of armour, [Page 3]horses, and howling; their pride, and fury against vs, the ayre filled with trumpet, fife, and drum, as if it were doomes day; our voyce crying out the whilest to God, and Chri­stians, to come helpe vs: men would not bee so idle and home-bredde, as they bee (for want of an enemy to poke and push at one another as they doe; but would couet to fight where men fight, and dye where men dye, and shall haue glory, and renowne for it.

When yee come in your countrey againe, yee shall finde those, euen such as yee left behinde you, when you came hi­ther; that neuer sawe army in their life, and yet will giue lawes of chiualry; know not how to trayle a pyke like a souldier, and yet will braue a souldier to his face; were ne­uer officers in the field, and yet if they haue beene at the Vniuersity a while, and haue read a little of Liuie, or Plu­tarks liues; and then come new to court, or Innes of court: they thinke themselues straight to bee Scipioes, or Hannibals, and fall to practising; and doe as they see others doe; learne to giue the lye brauely, or to vse the fist, or poynard at the entring. It is the fault of youth, and of the times; and there bee too many of them at this day, but I hope there will bee fewer. Yeares, time, and better knowledge of themselues, and of their owne woorth, will bring them more discretion. Meane time, I would there were not so many also of iudge­ment sufficient, and of elder sort, that thinke it valiant to bee stirred quickly, a word, and a blow with them, or spit in his face, and in the field next morning, to kill or to bee killed. And this not onely they doe, but thinke it lawfull to doe, and thinke it base, and cowardly not to doe.

It is vndoubted, that Honour is a great ornament to him that hath it, and euery one seekes it in his degree, and ranke. And our countrey is as fruitfull of Honorable, and well in­dued persons, as any nation in the world; and as quickly it is seene by them, as soone almost, as they haue cast off their long coates. And as well furnished yee shall finde them with matter fitte to support their honour, when they come to yeares; as either for manhood, valour, strength, actiuity, or noblenesse of minde. All which as they bee vertues well [Page 4]beseeming gentlemen, and men may doe much to vphold them; so is it a most vnworthy thing, and worthiest of pu­nishment, that they should receiue blemish by any wrong.

The most of you (as I said before) are men of sort, and as yee haue all deserued well, and none of you the contrary: so is it necessary yee should maintaine your Honour in pla­ces where yee come. But how? In Honorable sort, without dishonour to God, or disgrace to your countrey, or Soue­raigne. And it will be expected in these corrupted, and ma­leuolous times; yea God will aske it at your hands, beeing men at armes, and neuer yet touched with the least cowar­dize, no not when they haue beene fiue to one (I will not say ten to one) that yee should shew good example to your countrey-men; and that your actions should bee their in­structions, your good experience their better learning, and your carriage their rule, that haue not such cause to know what you know, or not so well as you, in regard of the long time, and place, yee haue serued in, where questions of Ho­nour haue daily risen, and were seldome suffered by superi­ours to come to blood, if they had authority to restraine them.

The world is full of wrangles, and the good, and patient are abused, and abased euery where. Pride, and disdaine haue filled all things with debate. One backbites, another is incensed; one doth vnkindly, another taketh it ill; one meanes well, the other mistaketh it; one giues a contume­ly, another deales a blowe; and in all these is wisedome re­quired, to carry an euen hand. And because I would not wishe you to take so much wrong; nor yet to right your selues with any vnrighteousnesse: I thinke it good to let you knowe, and it is fit yee should alwaies remember your duty to God, and the world, and to forget your selues as little as yee can, in hot bloud, or in colde. By hot blood I meane all suddaine things, before wee can well deliberate. By colde I meane, when the heate is gone, but desire of re­uenge remaineth. To the first belongeth iangling, brawling, blowes, foule speeches, and multiplying. To the second be­long the dregges of the former, after they bee parted. The [Page 5]first hath commonly present execution while the fire is yet hotte. The second hath time to pause; and if hee doe amisse, the fault is the greater. The first can neuer bee without of­fence in the cause giuer, whether it come of heate, mis­taking, or scorne. For how can yee miscall one, or giue approbious words without sinne; neither is it without offence in the answerer, though not so great.

He is more then a man, or lesse then a man, that can put vp a contumelie on a sudden. Cap. 7.8. And therefore it is written in Ecclesiastes: Calumnia conturbat sapientem, A disgrace, or contumely will trouble a wise man. S. Act. 23. Paul himselfe might seeme humanum pati, when he called him whited wall, that made him be smitten. What maruell then, if Achilles smote Thirsites for his foule mouth, though otherwise a man, that was not easily mooued. The best men will not soone giue cause. But vir iracundus prouocat rixas, A hastle man, Prou. 15. or a chollericke sir will still be quarrelling, and prouoking; euer vrging, euer misconstruing, neuer without a caprich, or two in store. An other man as good as hee, will neuer doe it, but leaue it to scouldes in allies, and alehouses. Hee will alwaies keepe himselfe in compasse of manhood as neere as he can, and neuer debase himselfe to such vnworthy do­ings.

And there is a plaine precept for it, Nolite prouocare, Eph. 6. If I may not vrge my childe, or seruants to anger, how much lesse my fellowe, or my better. The law giues fauour to man slaughter, if he be prouoked. But there is not a greater infamy to a noble person, then to prouoke or to be accoun­ted a quarreller. It is vnbecomming a woman, much more a man at armes. Quippes, girdes, flauntes, tauntes; farre be they from yee I beseech you. They are but seedes of scoul­ding, the scumme of a womans witte; though some women delight in it, and thinke it worth printing euery word they speake. Words breede quarrels, and of quarrelling comes blood-shedde. An old Coronell of ours reioyced on his death bedde; that hauing beene in many broyles in his life, and many times prouoked, he neuer gaue cause of quarrell by word or deed, and yet he would not turne his face from any [Page 6]man breathing.

To detract, or reueale a mans secret, if it be not against the state, or much hurtfull to his friend, is very vnworthy a gentleman, and breedeth much quarrell. A man of sort would be loath to be thought a blabbe, or tell-tale. It begins with idlenesse, and endes with damnation. Granado saith there be multitudes in hell for nothing else, but this. They say there would be no theeues, if there were no receiuers. And surely there would be no picke-thankes, or slanderers, if there were no hearers to delight in them. Possid. S. Augustine had written about his dining bord these verses:

Nemo sine crimine viuit, No man liues without a fault. But he that proclaimeth it, is worse then he, Abhominatio hominum detractor, Prou. 24. the backe-biter is holden abhominable; and to be shunned as a venemous thing. And for this cause onely it hath beene allowed in Italy, that the wronged should giue the wronger a Cartella, to fight with him. How iustly, I will not now speake. Neither speake I of the sinne to God-ward; which I leaue wholly to preachers. I touch it onely in point of dishonour, and as they be aspersions to reputation; which both the wronger is bound to recompence, and the wrong­ed may iustly require. I touch them as they be make-bates, and leaue a staine behinde them in anothers coate, beeing slanderous, and scandalous to fame, and sooner raised, then remooued, if not repaired in time. Conturbat sapientem, It troubles a right wise body, to haue the lye, or a foule word giuen him, which we vse to our Page, or varlet. Conturbat sa­pientem, To haue a frumpe, or a scoffe, or a bore in the nose; much more a stripe, or a trippe at his heeles; and no maruell if it cost bloud, or sound blowes, ere they part. These mat­ters [Page 7]are holden as small with vs, as they be common. But the Romanes held them very shamefull, and censors taxed the cause-giuer with ignominie, and shame, which they vsed not to any man, but vpon great cause, Plut. vit. besides losse of his horse.

To you my deere countrey men, and friendes (I must tell you) it is the principall scope of my speech; that howsoeuer your sudden occasions of heate may carry you at any time somewhat further then vpon aduisement you would, to breake the peace or bond of charity with any; and for which I can giue you no other rule, then the measure of Gods grace in you: yet vpon time of deliberation, and space be­tweene; that is to say vpon cold blood, which was the o­ther part I spake of, I doe wish much, and if I might I would command you, as we doe in the warres, that ye nei­ther challenge your opposite into the field vpon any occa­sion; or if ye be challenged; that ye doe not accept it. Be­ing a thing, both heinous in the sight of God to doe, and no lesse then heresie to thinke yee may doe. This may bee newes to some of you. But not so newe, as true. Euill fa­shions driue olde folkes to Schoole againe. And the eldest of you is not too olde to learne, if any of ye be possessed with that pestiferous opinion. That it is heinous, and sinnefull, it appeares by this, for that it is against the lawe of God, of nature, and nations. If against the lawe of God, then he­resie also to holde it lawfull. This is in short, but I will make it more plaine to you, because it is a thing, yee must informe your selues in, and it is grosse to bee igno­rant of.

Single combate is honourable, if it bee in iust warre, or commanded by the Prince, or common-weale. As Dauid did against Golias, for auoiding of blood-shedde of many by the blood of one. Many in this kinde we finde in histo­ries, of one to one, or more to more, to weaken or discou­rage the contrary; and wee reade them willingly in our bookes. And God hath fauoured it so, that it hath saued the liues of many for the time. Wee haue also an ancient tryall for title of land, or appeales of felony by single com­bate, [Page 8]where matters bee so obscure, or otherwise carried, that common lawe or iustice can hardly decide them. And the forme is yet in vse, but seldome suffered by Magistrates to take effect, as sauouring more of heathenish times, when such customes began, then of Christian lenity, which thanks be to God hath almost worne it away. This kinde of com­bate also is needfull sometimes, and men be forced to it in defence of ones person, or purse, or honor, to auoide a ba­stinado, or such like disgrace. But this must be as the lear­ned say out of Saint Augustine, in delicto flagrante, vpon assault, Nauar. or a waite; and cum moderamine in culpatae tutelae, In­tending onely their iust defence, and not otherwise. It must not be, if any meanes else be by flying backe, or stepping aside sayes the Lawe. But I holde it probable with others, that if one assault me, let him stand to his perill; he forces me to fight; I meete him not of purpose, nor vpon chal­lenge, which I may not doe, nor any authority vpon earth can giue leaue to doe, nor scarce conniue with, against the law of God, thou shalt not kill.

The learned hold, Exod 20. that by killing heere, is vnderstood mur­ther. And this difference is betweene killing, and murthe­ring, as betweene an act done of authority, and of our owne head. Killing is lawfull for Iustice, and for example. Mur­ther alwaies vnlawfull, and damnable. And not onely the act of murther, but all that tends to the act is hatefull to God, and his Angels. Your challenging, or accepting, your proui­ding weapons, and preparing them, your going out of dooers, and entring the fielde; the drawing of your sword, hitting, missing, wounding, maiming, killing or not killing; euery one of these is detestable, and abhominable; euery steppe you set forward in this businesse, is a steppe to hell, and irreuocable woe. And that this is true which I say, or shall say, I could bring you excellent authorities out of di­uine writers, that handle these matters in particular, and purposely; in their titles of Homicide, duellum, and tempting of God.

But my purpose is not to reade you a lecture, or to make you any long discourse with vouching, or proouing. And if [Page 9]yee thinke me wrong, or that I grate ouer hard vpon any mans distemper, aske any that haue learning, and cure of your soules, and they will tell you as much, and will shew it you out of their bookes, if yee will beleeue them. And yee ought to beleeue them in their owne art, as yee will be beleeued in yours. You know best, how to vse your wea­pon; they know best when yee may drawe it. And this was that Saint John Baptist taught souldiers, and gaue them di­rections in, both for iustice, and charity, when they came vnto him, to know, what they should doe. The Church liues now by the same breath it did then, and the spirit of the Precursor perished not with his person. His doctrine, and directions doe still remaine in the breast of our pastours, with whom I haue conferred ere now, and haue read some­what my selfe; and what I finde by some studie, and con­ference, I willingly impart vnto you out of my loue. Euen that which hath cost mee many howers, and daies, I lay be­fore you, as court keepers doe, in an howers charge; both what yee must know in this businesse, if ye be ignorant; and what ye must practise, and are bound to forbeare, when yee know it.

The law of God is directly, you may not kill. And Christ addes a curse to it, Qui gladium acceperit, gladio peribit, Hee that shall take the sword in his hand, shall pe­rish by the sword. Virum sanguinum, & dolosum abhomi­nabitur dominus, God will detest him, and holde him abho­minable, Mat. 6. Psal. 5. that will steale the sword out of the magistrates hand: for what is this virum sanguinum, & dolosum here, the man of blood, in guile; but hee that steales reuenge, and rights himselfe so as publike iustice shall not know of it? Yee see what the Psalme saith of him. God will holde him ab­hominable. And in another place if I bee not much decei­ued, wee are forbidden directly to doe it, with a grieuous curse annexed thereunto by the Holy Ghost it selfe, the words bee these: Cum audace non eas in desertum, Eccl. 8.19. Goe not out with an audacious body into the desart, (saith hee) Goe not out alone as Duellers doe. For heere bee both parties touched very plainely as I take it. First the cause giuer by [Page 10]this word audacious, or foolehardy; so called heere, Quia quasi nihil est apud eum sanguis, Because bloodshed (saith he) is as nothing to him. Likewise, the wronged by this word [non eas] Goe not thou, or bee thou not audacious as hee is. Goe not into the field with him. ‘ Vbi non est adiutorium elidet te, God will giue thee ouer for thy temerity, that hee shall kill thee, though thou bee a better man then he. Thou hast withdrawne thy selfe from man, and God hath with­drawne himselfe from thee. Non est adiutorium, How canst thou speede well, that hast neither God, nor man on thy side?’ These Scriptures and many more, beeing so euident against it; I doubt not to adde, and inferre vpon it, that it is not onely sinne to doe, but also heresie to holde. What is heresie, if this bee not heresie? Wee neede not a councell to make it heresie, when Scripture is contrary to it, as blacke is to white. It is heresie to holde fornication lawfull, swea­ring lawfull, stealing lawfull, and so killing lawfull. And he that seeth not this to bee sinne, his opinion herein may well be his punishment for his sinne.

Haply they will distinguish and thinke it heresie with me for wilfull murther, but not for this. It is one thing to come behind a man, 1 and kill him cowardly, another thing to goe into the field with him vpon equall tearmes, with like wea­pons, like health, and strength, to trie their fortunes by man­hood; and this they will not be perswaded to be heresie in holding, or scarce sinne in doing. ‘What shall a man dare me, and thou me to my face (say they) and bid me meete him if I dare; and shall I not dare to meete him without heresie, 2 or sin? grace they say helpeth nature, not distroyeth it, and the nature of man is gloriae appetens, desirous of honor, and differs from a beast in nothing more, then in this. Take honor, and reputation from vs, and take away our life. They goe forward also, and tell of many worthy persons, that haue lost their liues thus for their honour; and it were impietie to Iudge them of heresie, 3 or damnation, beeing otherwise known while they liued, to haue many good parts, and ver­tues in them, which made them gratious in the world. Nei­ther doe I hate my enimie say they, when I aske my due with [Page 11]my sword; no more then plaintifes and defendants doe in their suites of law. They sue for their goods, and wee for our honour.’ And then they fall to reckoning; 4 what good hath come of it sometimes, when the impostume of their stomacks, and courages hath beene broken with some blowes, they haue beene greater friends after, then euer e­nemies before. And this is commonly the effect of their Argument, the summe of all they can say. And it is no hard matter to answer.

I will not speake of the dead, they bee gone, and God forbid I should iudge them. 3 Many braue men haue pittiful­ly perished that way. And what time they had for repen­tance, or how farre their ignorance might excuse them, I know not. Gods mercies doe so farre preuaile with his iu­stice; that wee must leaue it to him. I speake of those, and to those, that be liuing. 4 Neither like I that friendship they speake of, that comes of sinne, Luk. 23. like Herod and Pilate made friends by killing of Christ. Wee are forbidden expressely, not to kill at all. How can they thinke that they may kill, but it must bee heresie? God saith they may not, they say they may. Their distinction betweene wilfull murther, and this, is somewhat, but not for this purpose. 1 It shewes the one sinne to bee more beastly, and cowardly then the other, not that the other is no sinne; or not heresie to hold so. They may prooue aswell fornication to be lawfull, so they meane to marry after; lawfull to steale, so they meane to restore, when they are able; lawfull to sweare idlely all the oathes of God, so they doe not forsweare; yet all this is sinne to doe, and heresie to holde; and such distinctions will not saue it either from Gods law, or from mans. And for graces hel­ping of nature; that is nothing to our matter. 2 Grace helpes nature in good things, not in badde. And it is blasphemy to vse the word grace in that sort, as to animate vs to sinne, or to breaking of charity, or to get honour so dishonourably.

They say they hate not their enemy. I answer, they shall not bee iudged by their sayings, but by their doings. If they doe the actes of hatred, their sayings are but colours. Make the best of their case, that they goe not to fight, that they [Page 12]goe not to kill, but to defend if neede bee, and to shewe themselues onely, that they dare meete their enemy in the field, and bee as good as their word. If he draw (say they) I will drawe. If not, I haue nothing to say to him. I will neuer assault him. But this is too mathematicall. How many bee there that goe so into the field? and yet most of vs know two noble young gentlemen now dead; my Lord of Digion, and Count La-vall. This latter had beene some­what wilde, but much reclaimed of late. These two had beene at high words, and comparisons, and Digion challen­ged him, and they mette next day accordingly with either of them a Page. La-vall threw off his cloake, and his rapi­er after it vndrawne; and tolde Digion hee would not fight. Why commest thou hither then said hee? ‘because I promised thee said La-vall, and my word slipt from mee by chance. And yet I feare thee not (said hee) but I will not displease God, for a better man then thou. Thou hast done mee wrong, and I haue done thee some; and so hee fell a dancing, with a turne and a halfe aboue the ground.’ Digion was angry, and tolde him hee would disgrace him, and make a boy of him, if hee would not fight. And there­withall came towards him with a light thrust. La-vall put it by with his dagger, and followed it quickly with a close. Digions foote slipt, and fell, and La-vall vpon him, saying: ‘now I could send thee to the diuell: but thou shalt goe to the Bishop first for absolution, and so gaue him a kisse on his cheeke, and returned both friends, and did great seruice heere against the Turke after that;’ where they lost their liues with as much honour as might bee, as the world doth know. But how many be there, that goe so scrupulously in­to the field as he did? And yet this going is sinfull, and vn­excuseable, and by God forbidden, though yee make the best of it yee can.

When God forbids murther, he forbids three things. The act, the intention, and all manner of concurring. The act is damnable, the intention of killing is damnable without act; and the least concurring that is, comes little short of it. And there be nine manners of concurring, as may appeare by [Page 13]an olde disticke.

Here be nine words according to the seuerall waies of con­curring either to murther, or any other notorious sinne; as the learned doe define. And it is heresie to defend the least of them. Ye would thinke consensus, and palpo, were but small matters; the one for consenting that a couple should fight, the other for animating, and incouraging them to fight, by praising it, and soothing them vp. These be the least, and yet very grieuous matters, and common-wealths, and lawes take hold of them in case of felony, or treason, and they are punished little lesse then principalls. Euen so in Gods court, the curious looking on, or negligence in parting, is inuol­ued in the same sinne, and censure. 1 Reg. 4. Heli was pittifully puni­shed for wincking at his sonnes abuses, and not punishing them. Consentientes, et agentes pari pena plectentur, saies the lawe. And Saulus erat consentiens neci eius. Saul was as deepe in the murther of Saint Stephen for standing by, and keeping their cloathes, as others that stoned him. Act. 8. This is the lawe of consenters, this the lawe for counsellours, and abetters; this for flatterers, and incouragers, how much more then for acters, and deede-doers.

More then this I haue knowne, where the partie could neuer be prooued to know or consent to murther, and yet hath iustly suffered for it. As it happened lately in Tholosa, where a great iustice was done vpon Madamoisella violenta, a yong woman of good breeding, beautie, and comelinesse, if shee had bin honest. But shee was kept by two, a mer­chant, and an Augustine fryer. Who to colour their lewd­nesse, put a husband to her. This husband deceiued their expectation, and sent her into the countrey twenty mile off, that he might haue her alone to himselfe. But this cost him his life. For he was murthered on an euening in the backe­side of the towne as he was crossing the fieldes. The pro­curers, and one or two more were executed for it, and the poore woman for company, that knewe nothing, as I said. [...] [Page 16]sed, for my reasons aforesaide. What should I speake now of the commonest practise at this day? their bowe bent, their stomacke pent, till they be at it. Their doings bewray their intentions. They say, and sweare sometimes, that they will kill, or be killed. They search one another to the skinne, that there bee no let of speeding; runne at tilt one at ano­ther, to be sure to speede; two courses make an end of one, or both. And if one of them chance to be scrupulous, how long will it last, if a wound begin to smart once, or the blood to couer their eies? how can these escape the vengeance of God, that goe to kill, or bee killed, and glory in it, when they haue done. He shall be praysed of men for it; shall be called stout, a man of his hands, a braue man; and why? he hath killed two or three. So prophane we bee growne; not satisfied with doing ill, but we must glory in it. Diabo­lus est homicida, 1 Ioh. The diuell is a murtherer, and wee will bee next cosins to him.

Can any thing be more against God, then this? Is it not strange in a Christian, to thinke this honourable, or good, that dishonours God so much? Bee there any heretikes in the world, if these be not heretikes? Be they not iustly ex­communicated by holy Church, iustly forbidden buriall in Church, or Church-yard? and not onely they; but their abetters, ayders, and incouragers, and lookers on? so hate­full is it in the sight of God, and the Church our mother; and so dangerous to the soules of the poore Combatants, that are all excommunicate in terrorem, euen to the stander by. The party slaine is forbidden buriall for two causes, vnlesse he had time to repent him, and gaue good signes of it, and denied not his enemy forgiuenesse. The one is, because hee dies excommunicate: the other because hee kils himselfe, and is in case of felo de se, by reason aforesaide. Marke my words well I beseech you, and be well aduised on the mat­ter; especially, if any of yee be of that opinion, ouerswaied with the time. The more ye wade into the businesse, the tru­er you shall find my words. Blinde not your selues with ill custome. Let not the new nesse of it, (if it be new) diminish the credite of it in your greene conceits. The lawe of God [Page 17]I am sure is not new, how new soeuer in our practise. What should I say more to Christians?

Yet somewhat I should also say of the lawe of nature, or nations, which was long before this. The law of nature was quicunque effuderit sanguinem humanum, Gen. 9.6. fundetur sanguis illius, His blood shall be spilt, that spills the blood of ano­ther. This is the booke of Genesis. And if a man will haue a reason of it, a reason is there giuen. Ad imaginem quippe Dei factus est homo, He that kills a man, kills the image of God; Why should I spite him, or malice him? Hee is my owne Image, though neuer so hatefull in my eie; why should I strike him, except God bid strike, or the common weale? But note I beseech you the punishment annexed to it. Blood will haue blood. Fundetur sanguis illius, ibid. 18. It shall cost him his life. And the Hebrew hath per hominem. As he killed a man, so a man shall kill him againe. That is to say the magistrate, or executioner, by lex talionis. And this hath beene the practise of all nations. No hiding would serue their turne, but they were mette withall at one time, or o­ther, as heathens themselues haue noted, and haue admired Gods prouidence in it. And if some haue escaped, yet this breakes no rule, but among Epicures; who attribute all to fortune, while God (they thinke) is a sleepe, or neuer mindes vs.

Against whom I remember a graue saying of Isocrates in his Oration de pace; wishing them if they be wise, not to hope of impunitie, because some are not punished. ‘For if there be some that escape (saith he) yet the most doe not. And therefore it were wisedome to prouide for that, which is most common, and likely. And it is most fond (saith he) when God is knowne to loue Iustice, to thinke that hee cares not for the iust; or that the wronged shall haue worse fortune then the wronger.’ Thus he. And tru­ly it is an olde tradition of the Iewes, that Caine himselfe, before euer there were Magistrates, could not escape this heauie iudgement, to be killed by man, although he had a marke set on him, that none should kill him. But such was Gods iudgement, as he could not auoide it. Blinde La­mech [Page 18]slue him by meere chance. And this traditiō is affirmed in effect by scripture in Lamechs owne words, saying: Occidi virum in vulnus meum: septuplum vultio dabitur de Caine; J haue killed a man to my owne wound, Gen. 4. seauenfold reuenge will be giuen to Caine.

Kings themselues, that are heades of magistrates, could not auoide this animaduersion. 1 Reg. 22. Saul for killing the foure-score Priests, lost his owne life, and his sonnes life, and a kingdome besides. Dauid lost his childe (when hee had rather perhaps haue lost his life) for murthering Vrias. 2 Reg. 11. Queene Iesabell, and Achab both slaine, and seauentie of his sonnes for killing Naboth. And although our Duellors fault were not so cowardly, or tyrannicall as these: yet our An­cestours haue holden it a great vnhappines, to kill one by chance, or with least fault; and that many disasters belong to it, if they pray not the more earnestly all the dayes of their life. How much more then, if the chance were by no­table negligence, as fencing, wrestling, throwing a stone at a dogge, and hit a childe, coyting ouer a house without warning to passengers. Scholia Raym. These, and such like, had a seauen-fold curse, as it was vpon him, that killed Caine, though it were by casualtie. And hereof I thinke it was, that seauen yeares pennance was inflicted by the olde Church for such actes. Where now it is brought to one; besides imperiall lawes for the outward offence. How much more yet, if the chance were of an vnlawfull acte; but most of all, if of a bloody, or of a reuengefull minde, as it is with Duellors. King Dauid saith; Psal. 54. their dayes shall be cut into halfe. Viri sanguinum non dimidiabunt dies suos.

But to returne to our matter; and to leaue the Scriptures, and Church lawes; because they be not altogether our pro­fession, and the word, and the sword seeme contraries, and they that be ill disposed haue no skill of it: Mat. For as St. Hilla­rie saith: Sermo Dei carnalibus tenebrae sunt, & verbum Dei infidelibus nox est, Scripture is darke to the carnall, and night to the vnbeleeuing: Let vs stirre vp therefore the light of nature in vs, and see what nature tells vs, and the practise of worthies, that is receiued, and commended of all. Wereade [Page 19]of noble heathens, that killed themselues; But they are not commended for it. Some others had other vices, and are condemned for it by good writers. But what they haue practised, and are commended for by the best, is likely to bee good; and what they vsed not, neither is written of them that euer they did, is likely to bee naught, and vnwor­thy the worthiest.

The trumpets of nature, and vertue, are Philosophers, Po­ets, and histories. These acknowledge no such tryall of man­hood, when they discourse of fortitude, and magnanimity, the two vertues, that gentlemen so much ayme at. They talke of honour, ignominie, contumely, and disgrace. They will not haue a stout man put vp iniuries basely. They touch many particular behauiours belonging to him. His speech sober, without a word vnbeseeming; his actions aduised, Arist. eth. without touch of temerity; his carriage graue, and staide, without leuity; in righting himselfe, not ouer hasty; if an­gry, yet not forgetting himselfe. They descend particular­ly, to tell how hee must goe, and with what composition of body, on horsebacke, or on foote, in all things worthy of themselues, and not a word of combate; vnlesse it were for their countrey, or common-weale. Yee shall not finde such an instance in Plato, Plutarke, Seneca; not in Aristotle the prince of Philosophers, Strabo. and was himselfe a souldier also in the battell of Corronea. Not in all Homer, who was (as a man would say) the light of nature speaking, and the setter out of all heroicall vertues, in the practise of great Princes. His worke was Alexanders looking glasse, and was neuer out of his hand. Tully sayes, hee that can repulse an iniury and will not, offends as much as if hee forsooke his friends, and kinsfolke. But hee talkes of no repulsing by fight. He bids vs pugna pro patria, Fight for our countrey, but not for our priuate.

Many priuate grudges yee shall reade of vpon malice, and emulation amongst them. But wisely carried, and neuer breaking out to this enormity wee speake of. Agamemnon wronged Achilles, to take his mistresse from him, and some bitter words past betweene, them for it; but neither blowe, [Page 20]nor challenge. Many iarres betweene Palamedes and Vlisses alwaies, but no challenge. Some betweene Fabius and Mi­nutius, betweene Aristides and Themistocles, and betweene Cymon and Pericles, Pompey and Lucullus, Craterus and E­phestion, Comines. Castinus and Boniface, Bellisarius and Narses. And of later times, when the Earle of St. Paul gaue the lye to the Lord Himbercourt; and the Duke of Orleans gaue the like to the Prince of Orange, all braue men, and knights of the field, and a multitude besides, which were tedious to recite; yet none came to challenge; but either they thought it enough, to haue giuen their opposite as good as they brought, or haue left reuenge to God, or iustice, or to me­diation of friends, as cause required, or haue yeelded to time, person, or place, for their greater honour afterward; as Achilles and Metellus did; or tryed their valour against their common enemy, as Valerius and Cecinna did vnder the Emperour Vitellius.

And yet vpon accusation of treason in great persons, Suet. where other proofes bee not pregnant enough, as it was in Richard the seconds time betweene Hereford, and Mow­brey. Dictis writes of Palamedes that hee challenged all his peeres to fight with them one after another. But they would not, beeing all fellowes and collegues with him. No more would Otho Duke of Bauaria with his accuser Egino, though much vrged thereunto by the Emperour Henry the fourth; and yet the historie calles this Duke Prudentia & rebus bel­licis admirabilem. Naucl. But hee chose rather to lose his Duke­dome, and so did. And yet I must tell you; as this Empe­rour was greatly blamed by his owne mother, a most wor­thy woman, and by all the Princes, except a few, who set him on to this iniustice: so can I not but maruell at two of our later Kings, the one of France, the other of England; the one so prudent and pious, as he was, that he gaue way so easily, to a combate betweene two noble gentlemen Sir Iames Parker, and Hugh Vaughan vpon a farre lesse quarrell then false accusation; wherein the knight was run through the mouth at the second course by fault of his helmet, and his tongue borne backe to his necke, whereof hee instantly [Page 21]died. The other of France began his raigne with blood; gi­uing way to a combate between Jarnac and Chastenroy, vpon no great matter, but to grace his triumph with: where Jarnac though newly recouered of an ague, defeated the other at length, & killed him in the place. Neither of the kings much fortunate by it. The one was kild by Mongomery in like tri­umph at tilting after a short reigne: the other held not his crowne so void of feare, and iealousie, as other kings after him. And yet I maruell much more at other Princes of our time, who in their triumphs and iouiall feasts, allow of those dangerous and damnable sports of Jogo de toro, and Jogo de Canna, which commonly cost killing, & cannot be auoided. It is too like that Romane custome of fencers, & swordplay­ers, & those that knew not God. Lib. 28. Who set their liues & blood to sale as Liuie saith, for pastime to their Lords, or in honor of some feast, or generals fortune; where they spared not at sharpe, to kill one another, if they could. And so they conti­nued many hundred yeares; and was not quite abolished by Christian Emperors til the time of Honorius, as Theod. writes. in Hono. Steph. in Aphida. Iust.

Yet nothing more frequent in histories then single fight, as that of Patroclus and Hector, Hector & Achilles, Xanthus and Melanthus for the kingdome of Athens, Codoman and another for the kingdome of Armenia, the three curiates and Horaces in Rome, Tullius & Metius, Florus. Manlius & a french man, an other french man and Ʋalerius, Alexander & Porus, Ferracutus the Sarazen giant & Rolandus, and of later times between Turkes and vs, where thanks be to God they went euer by the worst. But all these were iure belli (as I said be­fore) from contrary enemies. And of all the combates that Marcus Seruilius fought for life, & death, which were three and twenty, and he conquerour in all; Plut. in Emilius. I reade not of any to be with his compatriot, but all with publique enemies in lawfull warres. And that was neuer vpon their owne heads neither, but with consent of Generals, as we reade in Liuie. Lib. 7. Yea though a man be challenged by name from the other side, as Titus Manlius was, and where it seemed reprochfull to haue refused it, yet it cost him his life the accepting of it. I will tell you the history.

The lawe of armes is, that none should fight in the wars out of their rancke, but by direction of the commanders. Manlius the father was generall against the Latines at Ca­pua. The sonne had charge of a troupe of horsemen, and was sent to discouer the coastes of the enemy. Where com­ming within an arrow shot of the corps de-guard, which Ge­minius Metius a valiant knight had leading of, they fell to some big, and daring words, & the Latin challenged the Ro­man to breake a staffe with him. Young Manlius his blood was vp at this, and thinking it a shame to him to refuse him, hee aduanced himselfe to the busines; they ranne their horses in full careere one against the other with speare in rest. Manlius with launce aloft glided ouer, and rased the enemies head-peece. Metius gaue the other a light thrust vpon his horse necke with point of speare. Then turning their horses about, Manlius came first vpon him with a second charge, and so redoubled the push, that hee pier­ced the others horse between the eares, which put him to such paine, that he neuer left rearing, and capring with his fore­feete, and flinging downe his head till hee cast his rider. Who as hee bare his speare and shield, to raise himselfe from so grieuous a fall, Manlius ranne him in at the throat and so through the ribbes stucke him faste to the ground, killed him, spoiled him, carried the spoile away to his owne troupe, and had sentence of death on him presently for it, from his owne father, in liew of reward. The iudgement I grant was seuere. And the execution prosecuted with much compassion, and teares. Yet none could say but it was iust, and the punishment answerable to his fault. And of great example it was, to reduce broken discipline to the ancient rule, as it would among vs now, if gentle meanes would not serue. Some difference indeede there is in our cases. Theirs was in time of warres, where challenges are lawfull. Ours in time of peace, where is no challenge lawfull. Yet in this they agree. There, they might not doe it without leaue of supe­riours; heere much lesse; yet if they haue leaue, I thinke it be lesse sinnefull.

And surely if we enter but into the causes of priuate com­bate; [Page 23]which are commonly two; there is neither of both that will make the act iustifiable. The one is reuenge, the other is reputation. And first for reuenge; which is com­mon also to beasts and sauages, and is more in sauages then in men; and therefore men must not doe as they doe; so re­uenge be, they care not how it be. Men I say must looke higher then so, and then they shall finde this cause to be no cause, vnlesse they will stand in defiance with all ciuill go­uernment, and God himselfe, who tells vs plainely to the contrary, Mihi vindictam saith he, et ego retribuam. Rom 12. He re­serues reuenge to himselfe, and to princes vnder him. And who is he, dares say againe, Non tibi domine, sed mihi, Re­uenge is mine, and none of thine, I will right my selfe. And in another place it is saide, Ne dixiris, Prou. 20.21 Aug. in Steph. vlciscar de inimicis meis, Doe not so much as say I will bee reuenged of mine enemies. And therefore, if we may not say it, much lesse may we doe it. Reade all the ciuill lawes that euer were, and see whether the sword were put into the parties owne hand. It is tolerated in Italy as I said before, as the stewes be, to auoide further mischiefe, and no otherwise. As God did like­wise by the Iewes, that were a nation of all others most reuengefull; he gaue some way to their stiffenesse, that the next of kinne to the party slaine, Num. 35.19 might kill the killer when hee could. But this was abolished by the comming of Christ. Neither was it permitted him to kill, vntill the people had giuen sentence; as it appeares by the text. Vers. 24. Vers. 27. Yea so farre was the lawe from allowing otherwise this priuate reuenge; and so heauily taxed it all manner of manslaughter; that if it were but chance medly, or in defence of ones selfe, a man was not freed from the rigour of it, if he were found out of sanctuary. To say nothing now, what vicinity reuenge hath with tyranny, and cruelty; which those are noted to haue most, that are most cowardly, as the most noble and lear­ned king of England hath written of late most significantly for so few lines, where occasion was giuen his maiesty, Vpon the Pater no­ster. pag. 80. to touch thereat; and thereunto I referre you.

And as touching reputation, which was the other cause of combate, and is proper onely to man, and which hee [Page 24]thinkes is greatly hurt, if he be wronged and challenge not, or if he bee challenged and answere not, in both which ca­ses, if he be not answerable: hee shall be deemed a coward. I little weigh what they say, that are carried away with a vice regnant, Corrupt iudgements are no iudges of honour. Holofernes his followers thought it a shame to let a faire wo­man passe them vntoucht. Iudith. The vertuous thought not so. Yea: that alone is honour, which the worthiest thinke to be honour, as I shall shew anon. For this present I say no more but this. He that hath reuenge in his power, hath also iudgement of honour; let the vulgar say what they list. Psal. 71. We pray for kings and magistrates thus. Deus iudici­umregida, et iustitiam tuam filio regis, For the king, that he may haue iudgement in choice of magistrates; for the ma­gistrate, that he may haue will to doe vs right. Da iustiti­am tuam filio regis. Who is the kings sonne but the magi­strate, begotten of his greatnesse, and resembling him in po­wer? We pray for him, yet we fly him when we haue done, and will be magistrates our selues. What, must we trouble Lawyers or Lords (say they) for euery blowe or word of disgrace? it shall neuer be said of me. This is it shall right me saith he, and clappes his hand on his hilt.

But what reason haue they to say it? if the matter bee great, the magistrate is ordained for it, to heare and deter­mine. If it be small, why aduenture they their life for it, or seeke another mans? They scorne to doe as babes doe, to cry and complaine; yet will be worse then babes, to wrong themselues more then they be wronged. For if himselfe be killed, what extreame iniustice hath he done himselfe for a trifle. If he kill, he must hide his head for it, his friend may not receiue him til he be acquitted of it someway. The great nesse of his penaltie shewes the greatnesse of his crime. And we see not whom we hurt, till we need him whom we hurt, which is our Soueraign. We wrong soueraignty to right our selues, and yet we seeke Soueraigntie, to restore vs againe.

I prooued before, that it was not onely a sinne to doe, but an heresie to iustifie. Euen so in this case betweene our So­ueraigne and vs, it is not onely against nature to doe these [Page 25]things, but also against loyaltie, to thinke wee may doe it. I said it was heresie in respect of religion. Now I say, it is hurt to maiesty in point of subiection. As king Alexander might seeme to take it, who was no meane Justizer in mar­tiall affaires. For comming iust to a fray betweene two of his fauourites that were ready to bee reuenged one of ano­ther with swordes drawne: hee was in great anger, and tolde them they should both dye for it, or hee that gaue the cause, if they did it againe. And this not for killing, or draw­ing of blood, but onely for the disloyaltie, and contempt of maiesty, in the very attempt. And yet yee must vnderstand mee right. I doe not say it is treason. For it is not to the person of the Prince, or estate. They intend nothing a­gainst Maiesty, yet would mince his authority. They loue the state, but they would pull from prerogatiue. They al­lowe them to bee their Iudges, but not in all things; no, not in the greatest, that belongs to their charge. What greater thing in the world then life, and honour? There be diuers markes of Soueraignty, which none can haue but So­ueraignes. And it is a great contempt in the Subiect to v­surpe them. As power of peace and warre, power of ma­king lawes and abrogating lawes, power to make money and alter money, power to make noble and vnnoble, and such like. But the greatest of all, is power of life, and death ouer the subiect. Yet this the subiect will assume to himselfe in part, and quarter prerogatiue with his Soueraigne.

And is it maruell then if Henry the fourth of France haue made it treason by parliament, Edict. 160. and haue stopt his eares to all offenders in this nature? Or can wee finde fault with the lawes in England, that a Duellor killing, is equally pu­nished with a theefe stealing? A theefe commonly hath not friends to speake for him. 1 Pet. 4. But S. Peter puts them toge­ther; Nemo vestrum patiatur vt homicida, aut fur. A theefe steales for neede, the other killes for honour. If a man bee poore, yet hee must not steale; if a man bee disgraced, yet hee must not kill. If either of both transgresse, the lawe makes no difference betweene them. Their paine is alike, therefore their fault alike.

No difference in punishment, therefore no difference in crime. No friend in parliament, hath mooued for altering the Law, either for one, or other, though the one bee the case of many a good gentleman. Whereupon as to this point, wee may boldely affirme, that your Duell, as it is vsed, and is equally punished with greatest faultes, so is it in his owne nature an euill thing, and tending to the grea­test euill. It is offensiue to God, iniurious to Soueraignty, disgracefull to the common-weale, and that which remai­neth further to be prooued, to themselues that bee the do­ers most of all dishonourable.

It is no small charge, I lay vpon Duellors; and it may be I bring a challenge vpon mine owne head for calling it di­shonourable. Yet since I haue partly prooued it by the base­nesse of the punishment (vnlesse it bee so that they holde themselues Martyrs) I hope they will pardon mee, if I prooue it further. For I haue not so many heades, as I would aduenture in making this good. Diuines do prooue it sinfull, and I must prooue it dishonourable. And this I suppose were easily prooued, if our greatest souldiers, that haue beene, had written of this matter, that wee might pro­duce their authorities. But it shall not neede. Their pra­ctise is a better testimony then any bookes. And yet wee may gather out of Cornelius Tacitus, who was himselfe a noble souldier and Historiographer; what hee thought of this businesse, when hee calleth priuate reuenge a vice. For, giuing a reason, why we are more reuengefull for a wrong, then thankefull for a benefit; he saith it is, because reuenge is a vice, and vitium in questu est (saith hee) gratia oneri, Vice makes shew of gaine, though a man haue but his will of one; where thanks is a burthen, because a man is bound to it.

And so Polibius another souldier, and an honourable per­son, companion with Scipio, in his second booke is so farre from our mindes in this; that hee calles it nefas interficere ciuem, A horrible thing to kil our countreyman any way. He commendeth single combate with a publike enemy, in his sixt booke, and extols the Romanes for vndertaking such challenges, but not inter ciues. Paul. Diac. lib. 14. Yea the practise of Aetius was quite contrary to ours; who although hee were the greatest souldier in the west, and a terrour vnto Attila whom hee draue out of Jtaly with losse of all his men: yet he fled his priuate enemy, and emulator at home, and thought it either iniust, or dishonourable; or both, to fight in that sort. And what doe wee reade of Fabius Maximus a great leader amongst the Romanes, when hee was bitterly prouo­ked by Minutius, and (as his friends thought) very intol­lerably; his answer was as I haue reade, ‘that hee thought them more cowards that were mooued with floutes, Naucl. and taunts, then they that flye their enemy.’ Loe heere what our grand Master saith, that wee ought not to bee mooued, and much lesse reuenge our selues with word or blowe. Which when such an one as hee hath saide, beeing no light headed man, but deepe of iudgement, wee must thinke his authority to be a reason sufficient.

But the onely man of Mars that hath giuen his opinion freely though somewhat sparingly in this businesse; is a ve­ry late writer, but one who for wit and education could ve­ry well iudge of honour. And yet he spares not to set downe for perpetuall memorie; ‘that no man in honour ought ac­cept a priuate challenge, beeing a thing so opposite as it is, to Gods law, and mans. The law of man (saith hee) hath appointed the Hangman to second the conquerour; and the law of God hath appointed the diuell to second the con­quered so dying in malice. Whereupon hee concludes it to bee both foolish, and base, to accept of such challenge as is so basely accompanied.’ All which hee hath reasons for, if a man will reade him. And it is not without cause that hee calles it base, and Ruffin-like, since the nature of cowardize will approoue the same.

For what is cowardize, but an acte against reason; done for feare, in matter of courage. As to runne away at sight of drawne swordes, whereof hee had no reason, but his wo­manish feare. First wee haue prooued already single com­bate to bee an act against reason; and I will prooue it a­gaine thus. It is an act against the ende of euery common­weale, which is peace; and therefore vnreasonable. It is an acte concurring with the inclination of beasts, if they could speake, and therefore vnreasonable. Wee see two dogges when they bee parted, they runne out of company to fight alone. And Pliny writes of a Lyonesse that roamed vp and downe the desart to encounter the Beare, that killed her whelpes. But yee will say, I may forbid you as well to eate and drinke, and defend your selues, because it is the in­clination of beasts. Not so, yee must make a difference be­tweene actes that bee naturall which must bee, and no law is against; and actes of passion, which reason is alwaies against, vnlesse it bee in beastes that haue no reason. And therefore I prooue it thirdly to bee an act of passion, ergo vnreasonable. That fighting and reuenging be actes of pas­sion, and stomacke, is prooued first a contrarijs. For the con­contrary actes of patience, and forbearance, are actes of reason, as I will shewe anon by examples of the worthiest; ergo, reuenge must needes bee an act of passion. I prooue it againe thus. Passion commands reuenge; delights in re­uenge, is eased with reuenge, as the olde Satyre saith.

How many haue killed themselues out of this passion; and for want of reuenge, ergo an act of passion, and vnreason­able. And to say no more it is prooued sufficiently by all their confessions that come to dye for it, or dye in their beds, as my selfe am witnesse, although their stoutnesse vntill then, would not suffer them to see it. But I must prooue it [Page 29]it now to be an act of feare also, which was the other part of my definition. And which although it seeme hard to prooue, because there is no signe of feare that appeareth, yet if we finde any feare at all, it will suffice.

There is a feare, which is of death or maime. But this they haue not, no more then vnreasonable creatures haue, when they assault one another. There is also an other feare which is a feare of shame, and disgrace with the vulgar; and that is a base feare, but yet they haue it. They feare not what the best thinke, but onely what the vulgar, and most thinke. And were it not for this feare, haply they would not fight.

They feare more euery idle breath of a mans mouth, then losse of their life. They feare more what a shoppe-keeper sayes when they walke the streetes by him, then what a Fa­bius Maximus if hee were liuing. And this is that cowardly feare which God rebuked in Ionas, when he sent him to the Niniuites, to foretell their subuersion. But he would not go for feare of disgrace by it; regarding more what the com­mon sort thought of him, then what God, or the people of God. Jonas was soone corrected for it; but people now a dayes will not see. They are ashamed, not to be vulgar, Psal. 135. and feare where there is no feare, as Dauid said, which is the ba­fest feare that is.

This the dastardly feare that another Prophet exclaimes against, saying: Nolite timere approbrium hominum. Esa. 51. Feare not what the vulgar say, or thinke of you, that seldome thinke as they should thinke. For so the word homines here signifies the common or vulgar sort of men, be they Noble, Mar. 18. or others. So Christ himselfe vsed it, Quem me dicunt esse homines? Whom doe men say that I am? and presently after but what thinke you, saith he? as who should say, you [Page 30]that are not of the vulgar, Cap. 21. Gal. 1. what thinke yôu of me? So in Saint Luke, Eritis odio omnibus hominibus. So Saint Paul. Si hominibus placerem Christi seruus non essem. If I should please men, that is to say the common sort of men, I were not Christs seruant. Must no man please God, but Saint Paul? none but Apostles and preachers? none fly the vulgar lea­uen, but these? Did not Salomon so take it also, when hee called the vulgar fooles, Stultorum infinitus est numerus? An other cals them incondîtum vulgus, the vnseasoned or distem­pered vulgar. Others ignobile vulgus, the base conceited vulgar, and insipiens vulgus, the doating vulgar, that iudge not rightly of honour, or any thing?

The last part of my definition was [in matter of courage] And matter of courage is, where a man may, and is bound in honour, to vse courage. If I see my friend assaulted; here is matter of courage to defend him. If my master, or ser­uant be in danger, and I runne away, here is want of cou­rage. If I see a gentlewoman abused, or disgraced in the streete, and I can right her with my sword, the defence is honourable; and a thousand things besides, wherein to bee fearefull, or shrinke away, is want of manhood, and cou­rage, and the party to be charged in point of honour. But to say that that is honour or cowardize which the vulgar only thinke so, that, is (as our author saith) both foolish and base. And the king of France and Princes of the blood call it brutish madnes; & haue adiudged it no true honor. For who made the vulgar iudges of honour, Edict. of 1609. that gentlemen should stand so in feare of their censures. Indeede if they were brought vp as gentlemen be, or gentlemen brought vp as they should be; their iudgement and opinion might iustly be feared; and stoute men would not dare to doe as they doe, for feare of true shame. But the ground of honour is horribly mistaken by vs, which is not altogether in bold­nesse, or hardinesse, but as it is imployed in vertue, and true prowesse.

Who is there in the world, can tell vs what is honour, if he know not what is vertue? Is it honourable to haue ones will in euery thing? Honorable to be on fire quickely, or [Page 31]giue a scoffe readily, and to thrust into euery fray? these be gracefull things with a great many. But let no man tell me of honour in action, if it bee not for some vertue, that makes the motion. I holde Hercules, and Theseus honora­ble for strength of body, and durable nature, bestowed where it should be. I holde those souldiers honourable in times past, that wonne the crownes. Liui. 5. One for entring first the enemies campe, called Corona Castrensis, another for scaling a wall first, another for bording a shippe first, Strabo. and these were of golde; another of oake leaues called Ciuica, for rescuing a citizen, as Socrates did by his fellow Xenophon; Liui. 7. Steph. text. another of greene grasse, which was best of all, and was gi­uen to Publius Decius, Fabius, and Petreius for some singu­lar exploites, and raising of sieges. All bee honourable that doe honorable things; discouer treasons, saue blood from spilling, houses, and townes from burning with daunger to themselues. Honorable Scipio, Hanniball, Pompey, Caesar, Alexander; Honourable all men at armes, Graue Senators, and counsellors most honorable of all, next vnto Princes, that rule the world in their chaire, and giue to all men their due. And these may be called heroicall honours. But the bounds of honour goe further then this. There is honour due to all kinde of Excellency. And in the meaner sort it is called praise. Each profession hath honour, or praise with it, euen to the meanest that is. And as euery one excels in the same facultie, so are they more noble, or more praise worthy then other.

Now, which of all these doe our Duellors excell in, when they make challenge or answer? which of these vertues doe they shew in it? what innocent defend they by it? what good to the common? what duty to God, or man hath drawne them to it? Ye say honour is a vertue, and that yee fight for your honour. A faire Lady is precious, and yee fight for her loue. A satisfied minde is a good thing, and ye fight for obtaining it. And if you get any of these thus, yee say it is honourably gotten. Pardon me I beseech you, It is not honourably gotten. It may bee stoutly and hardily gotten, but not honourably. Ye abase honour, when ye apply [Page 32]it thus. Friendshippe is not friendshippe, if it be to a tray­tour. Duty to ones father is no duty, if it be to ouerthrowe a city, or common-weale withall. We may say, there is met­tall, and courage in a villanousaction, and matter of honour in a rebell dishonourably bestowed, as it was in Clodius, and Catelyn. Will ye wound your selfe to shew a passion of loue? or strike him that is next you to satisfie your minde? be these good meanes to get honour? and if it were good that we desired, were it honourably gotten, to get it so gid­dily per fas et nefas? Say your meaning be good, yet the meanes must be lawfull, else the act is dishonourable. And that this meanes is vnlawfull, I haue prooued already both by Gods lawe and mans law, and the light of nature. Choose which ye will stand to, it goes against you. Wine is plea­sing, & profitable out of a cup, but good for nothing if you powre it on the ground. So courage is indifferēt to good and euill; but neuer honorable with dishonorable circumstances.

Thinke not so basely of your courage, as to spend it so vainely. Thinke not so meanely of your manhood, as to trifle it away in boe-peepe, and least be-seene. Either ye be bad Oratours, that defend such doings no better, or else your cause bad, that hath no other ground for it but vulgar errour; nor other authority for it, but a tumultuous ple­biscite (as it were) without a Senate. The breeding of gen­tlemen is such (as I said) or ought to be such, as they should neuer doe amisse for want of knowledge. Howbeit because they be ignorant in these matters, and do not as they should doe, but measure honour by hardinesse onely, and thinke they haue found their helmet, when they finde but the fea­ther, and seeke no further: hence it is that the common sort doe ill also, when they (they see) doe ill, that haue better breeding, and giue no better example.

But I may not stand too long with ye vpon a point, or ex­ceede the bounds of a charge, especially when other things are to be spoken of, that are very considerable about this this subiect. For besides the iniustice, and dishonour of it, which by your good fauours, and patience I haue prooued, and will appeare more plainely heereafter, [Page 33]wee will see next, what manner of tryall it is; to the end, that if it neither bee iust in it selfe, nor the tryall reasonable; wee may wholly exclude it from the societie of men. The tryall many times is such as a man would laugh at, if it were not so common, and many times vnhappy withall. Men be neuer souldiers vntill they fall out: and then euery country man is a caualeer. Young lawyers, and schollers bee soul­diers; the seruing-man, tradesman, and artificer is turned souldier on a suddaine. They will bee honourable in an in­stant, if they come to see fashions, and vpon their honours they will stand. The question betweene them is for honour, or honesty; who belyed other, who wronged other, and was the honester man. And they must try it by that, which they haue no skill in for the most part. They flye to ano­ther mans trade, and runne away from their owne. No o­ther tryall will serue but at sharpe. That which is peculiar to men at armes for God, and their countrey; they practise forsooth of their owne heades, and fall to thrashing one a­nother, chance it as it list. I hard a merry story once, but it was true; and a good iudgement vpon the case, by a knot of good fellowes, such as setued the turne.

Beeing once at supper in my brothers house the Duke; newes was brought vs, of a fray newly passed betweene two of the meaner sort. The one I knew, his name was Pot, a bigge fatte fellow. The other was an Ale-man, of stature small, but nimble, and desperate. These two fell out in a ta­uerne, and appointed meeting next morning at foure a clocke, in a close at the townes ende. The Ale-man had pawned his dagger, and was driuen to goe out with his sin­gle rapier, that stucke at his beds head, and came to the place appointed first. Anon after hee spied his fellow afarre off come tumbling ouer a mudde wall, with a tree on his necke to his thinking; but when hee came neere, hee saw it was a long raile, sharpened on the one side. But besides this, hee had two weapons more vnder his girdle. A long reaching rod, and a whip made of a bedstaffe. What (saies the Ale-man) doest thou think me an oxe, or a dog, or a bree­ching boy, that thou commest in this sort? and thou (saies [Page 34]Pot) doest thou thinke mee a peece of beefe, that thou com­mest with a butchers pricke in thy hand? I will lay you a­non (syrra) ouer yonder blocke, and you shall feele mee as long as these laste, and so lettes driue at him with his raile. Backe goes the Ale-man, till hee could goe no further; and then thought best to drawe his enemy into the middest of the field againe, and to runne round about him. Pot fea­ring hee would runne him in behinde, was driuen to turne round with him, till hee was almost turne-sicke, and craued parley. But the Ale-man would none of that; but spying his aduantage to come within him, Pot strucke at him with a mighty blow, and brake his rapier all to peeces, and stucke his raile fast in the ground. And while he was struggling to get it out; the Ale-man steppes to him quickly, and twit­ches his whip from him, and laide at his legges withall. The other leaues his raile, and drawes out his rodde, lashes him on the face, and almost cut off his nose. The Ale-man fin­ding his buttons couered with blood, takes the butte end of the whip, and the other the great end of the rodde, and here began a new battell; vntill Pot reaching at him to catch holde of him, the Ale-man by chance, hit him right vnder the eare, and laid him asleepe, and fledde. Next day in the afternoone, it was both their happes to meete at a blinde ale-house in an alley, and a new brabble towards, if compa­ny there had not stickled betweene them. They fell to vn­ripping of olde matters, and much adoe there was about wronging, and dishonouring. Till some of the standers by tolde them: ‘yee were both fooles (masters) to deale with weapons yee had no skill in. And if wee had beene of your councell (said they) yee should haue both of yee met fasting in a morning, with a dozen of pots a peece, well filled, and haue tryed it out who should stand longest.’ And with this, they called for halfe a dozen fresh cannes, put both their honours in a pot, and made an ende of the quarrell. But to come to my purpose.

It is an olde saying, quam quis (que) nouit artem, in hac se ex­erceat, Cicero. Let no man goe out of his element, or skill. Let mer­chants deale with merchandize, and schollers with bookes: [Page 35]euery man meddle with his owne profession. It sufficeth a man to bee honest, though not honourable. What should a shoomaker goe try his honesty in the field with a hatter, that challengeth him; but rather challenge him againe (as one did) to shewe him as good a Hatte, as hee can shewe a shooe. And this is manhood enough, if men bee not mad. What deformity were it in a gown'd man, or Alderman, or Iustice of peace, to become a cutter? Cedant arma togae. So farre is it from cowardize to refuse a challenge in that case. And what difference is there betweene these and other gen­tlemen of quality? All are bound alike for the peace, though all bee not sworne to it, as Iustices are. If any sort may doe it; the kings men may, and squires for the body, Pentioners, guard, and other neere his person; who ought to bee men of likely valour, or trust, and to feare no man: and yet wee haue prooued, that they may not doe it, when the precept is generall that none may doe it. And Princes take it not well, when persons so neere them be so highly carried away, as to transgresse so grossely. Princes themselues are sacred, and hate blood, if it bee not to saue blood, hate effusion, if it bee not to spare effusion. And if they were Gods, to know mens thoughts; a bloody minde should neuer approach our Sanctuary of peace, to stayne his house, and bring a curse vpon it, where a blessing is due.

Lastly, if any else bee, that may breake the peace, a soul­dier may, and men of honour, whose speciall profession is to handle armes, and to stead their countrey that way as occasion serues. And yet there is no warrant for them to doe it. And wee reade how Titus Quintius Crispinus a Ro­mane, would not doe it of his owne head, though neuer so much prouoked, and challenged most reprochfully by Ba­dius from the contrary army, where it seemed most disgrace­full to refuse it. And although hee vndertooke him after­ward and ranne him into the shoulder aboue his shield at the first career, and vnhorst him, and made him runne away and leaue horse, and shield behind him: yet this was vpon suite first, and with leaue of his Generall. Which hauing, he could not refuse combate without cowardize; but not [Page 36]hauing, to refuse was honourable. And I tell it you for this. That if Crispinus could put vp so many reproches as Liuie sets downe for order, Lib. 25. and duties sake in the warres; is it not much more to bee done in peace? if hee regarded not his priuate honour for the publike in warres; shall wee be­ginne a ciuill warre (for so is your Duell) and preferre our priuate before the publike in peace? if hee for those due re­spects, would breake no peace in warres, shall wee bee so rude and vnrespectiue towards the publike, as to breake peace in peace? Is not the like obligation of subiects to su­periours in peace, as it is in warres, or not rather so much greater as they haue lesse excuse for it, and more blame if it bee broken?

But to forbeare you a little, and to yeeld a little to ill cu­stome, and bad applyed courage; because yee shall not chal­lenge mee, I will challenge you first. Let any man affoord mee a sound reason, why single combate should bee a true tryall of honour, or honesty; as to say which of them was in the wrong, and which in the right; or which more hono­rable, or valiant then other; for that is all the question be­tweene them; not who hath more courage, but who hath more honour; not who more desperate, but who more wronged. That is it, they goe into the field for, to make their sayings good vpon each others body. Will conquest fall out alwaies with him that hath right? Doe the valian­ter alwaies goe away with the victory? If this were so, it were so newhat. But when it is not so, they that thinke so, tempt God, and sinne in presumption; which I shall prooue vnto you thus.

As all our actions while wee liue are humane; so our try­alls vpon difference must bee humano more. Wee must not looke to heare God speake, but by deputies and magistrates; we ought not expect miracles, nor bee our owne Iudge. Else why doe wee not fight for our lands and goods, as the law of Lombards was with short staffe and target. Why fight wee not with our trespassour, but goe to lawe with him? Before there were Tribunals, I maruell not much. But since there were lawes, and law-makers, and ciuill, and [Page 37]orderly gouernment; our learned hold it piaculum, a ve­ry tempting of God, to waiue publique iustice, and to be our owne tryers. If one call mee villaine, theefe, traytour, bastard, or periured; hee shall pay deere for it in body, or purse. If hee slaunder mee otherwise of sinne, or crime; I haue remedy in court Christian. Wee shall not neede appeale to fire, water, or sword, as they did in olde time, when other iustice could not bee had. So Tutia fetched wa­ter in a sieue from Tyberis. And some haue floated aboue water, tyed hand, and foote. The Empresse to Henry the second, walked fifteene paces on hotte iron, as o­ther haue done before her. And such an other like tryall there was litle more then a dozen yeares agone. in the East-Indies, in the kingdome of Malabar. Which because it is rare, and may be suiting to my argument anon; let it not bee troublesome to ye that I set it downe, as I finde it writ­ten.

One Jacob, Alexis. hist. and Achar his wife a faire conditioned cou­ple of the towne of Mangata after some children had be­tweene them fell at a little variance vpon suspition he had, that she was not altogether chast. And this the good woman tooke so exceeding ill, measuring the depth of the wrong, by the height of her innocency; that she demaunded iustice of the heathen king, and would be tryed by fire. Forty daies she tooke to prepare her selfe with prayer, and deuotion. When the day of tryall was come, she also came. Thither came the king, and all his nobility, besides a number of Hea­thens, Moores, Iewes, and Christians not a fewe. Before whom a harth of fire beeing made in the front of the Church; she puts her selfe vpon her knees before the king, and lifting vp her eies to heauen, Lord Iesus Christ (saide she) our true God, that madest both heauen and earth; thou knowest the truth of my innocency. Make knowne I be­seech thee to all this people heere, that Christian wiues if they follow thy commandements, commit no adulteries, nor falsifie their faithes, which they haue giuen their hus­bands. Shew to all these, that wee be not dishonest with a­ny, or thinke of any thing more, then to accomplish thy [Page 38]lawe, and to liue chastly with our husbands, in hope to haue children, and to increase thy faithfull. I adore thee my onely true God, and I keepe thy commandements. Then turning her eies to the king; Sir said shee, you that be our king; we are bound by the lawe of Christ, to render you obeisance. And here I sweare before you, and before all these, by the lawe of Iesus Christ our Sauiour, whom I worshippe; that I haue not onely not committed adultery, nor wronged my husband; but also haue not any thing thought against coniugall chastity which I owe him. And with this, she put forth her hands to one that laide greene leaues on them as their fashion is, and another tooke a red hotte Iron barre, and laide it on the thinne leaues, which she held fast, vntill it was turned blacke; and then they tooke it from her. The king, and as many as would, drewe neere, to view her hands, which they found vntoucht, and likewise the leaues vnscorcht. And the woman pro­tested, she neuer felt any heate at all, such as was likely to hurt.

This ye may thinke, made a great astonishment amongst infidels, and ioy to Christians, when it pleased God to con­curre with it as he did. Euen so againe for tryall by sword. Wee haue one notable instance amongst others in the Em­perour Henry the thirds time; Naucl. who tooke to wife a faire young Lady, the king of Englands daughter. She was ac­cused of incontinency by a seruant neere the Emperour, a man of monstrous bignesse and Giantly stature, As the Ger­man writer saith. Naucl. And there was no man durst vndertake the vertuous Ladies part, so much as to speake on her behalfe; vntill in the end, she challenged the Giant to fight with a boy of hers, which shee carried out of England with her. The time, and place was appointed. The onely comfort the Giant had in his wounded conscience, was the weakenesse of his enemy. His victory as hee thought was assured. But he was deceiued. God was greater then hee. For the boy aduentured so boldly, and with such a spirit towards him, not afraide of his bigge lookes, and scornes, and heauie blowes, (which would beare downe an oxe) that after a few [Page 39]boutes, he thrust him into the thigh, and wounded him so sore, that he could stand no longer. The Emperour at this was much confounded; and would haue had her againe. But he had more to doe for her second good will, then euer hee had for her first.

These and such like reserued tryals, wee heare, and reade of in case of extraordinary neede, and Gods particular fa­uour. Which euery one may not presume vpon as I saide. And to expect it of God, is to tempt God; and so is holden by the seruants of God, that are of learning and experience; as by the story I told you of the Indian woman, it may ap­peare. For although she escaped the fire marueilously; yet whether it was for her sake, or for conuersion of heathens vpon that occasion, God onely knoweth. And the Arch­bishoppe of Goa a very learned man, beeing then in the same towne by chance, about his visitation, would not onely not giue countenance to such a tryall with his owne presence at it, but rather misliked her that shee would take no other satisfaction when it was offered her; yea also when she came to him afterwards, hee tolde her plainely in the hearing of many; ‘that it was not for her merit that God wrought this wonder; for we be all wretch­ed and sinnefull creatures said hee, as long as we liue in this mortality.’ But it was for poore infidels, and heathens sake, that knew not the good of Christian marriage, nor how pleasing it is to God to holde onely to one (which was ve­ry grieuous to them) both in deede, and thought. By which words ye may see how little he accounted of this tryal; as of a tryall; although he gaue some way to it, because he would not abreuiate the hand of God amongst those blind infidels in an act, which otherwise he might thinke to be meere pre­sumption, and tempting of God.

And this tempting of God is a greater sinne then we are aware of, and is so called, Guicci­ardin. Comines. because we tempt him thereby to doe a miracle or extraordinary fauour vpon vs. As a Ia­cobin Fryar did a little before our age. Who standing in contention with a certaine Franciscan in Flarence, challenged him to walke with him through a great fire prepared of [Page 40]purpose in the market place, with the Sacrament in his hand. And this is called tentatio expressa, a grosse tempting. And the Magistrates punished him for such attempting. There is an other tempting also which is called Tacita; when a man intends not actually to tempt God, yet what he doth, he hath no reason for, but tempting of God, and meere pre­sumption. As one that is deadly sicke, and will take nothing, aske him why? God will helpe saith he, when he sees good. A man may say to him againe, doe you looke for a mira­cle? and in this they offend God presumptuously in time of the plague; that goe so boldly to visit the sicke, as if it were but an ague, and this for no other cause, but to visit, or to shew their boldnesse, and to boast of it afterwards that this they haue done, and how little they feare death; or how rea­dy they bee for God, more then others are. If they will needes tempt God, let them doe it where they hurt none but themselues; and they are ill aduised that animate them therein, without all manner of neede. A Bishop likewise, or other eminent persons offend heerein, that are notably slaundered, and will not stirre in it, but leaue it to God, hauing good iustice, and meanes for it.

The like of all lazie-bodies, that will take no paines for their liuing, saying God will prouide for them. Doe not all these tempt God? and say with him in the Gospell, Lord, Mat. 7. Lord; but will doe nothing for themselues? And this Tacit or silent tempting comming alwaies of sloth, or pride, prouokes God much; beeing oftentimes ioyned with repining, and banding at authority, as the Jewes did against Moses, when Moses answered them againe, Quid iurgamini in me, Exod. 17. et tentatis dominum? Why doe ye wrangle with mee, and tempt your Lord God? So Iudith to the priestes in Bethulia, Cap. 8. Qui estis vos, qui tentatis domi­num? Who are you that tempt God, when shee sawe them limite God to their lawes, and subiect him to their false feares, as Duellors doe? By which ye may see, it is no newe sinne I speake of. And wicked Achaz was so well instructed, as hee acknowledged it a sinne, when [Page 41]God bad him aske a miracle, and hee should haue it. But pretending holinesse, hee said no, I will not aske. Esay 7. Non petam said he; non tentabo dominum, I will not sinne in temp­ting thee; beeing holden euen then, a grieuous sinne, and we cannot plead ignorance of it now.

But to come neerer our purpose; our Duellors sinne this way in the grosser manner. And I appeale to their owne conscience, whether I say not true. Briefely thus. They sel­dome regard the oddes, or inequality that is between them, no more then Dauid did against Golias, or Alexander a­gainst Porus, who was two cubites higher then hee: and yet the lesser ouercame the greater, when it was an hundred to one against him in ordinary reason. Dauids victory in­deede, is attributed to Gods reuealed assistance, which gaue him boldnesse in his businesse. But Alexanders onely to his fortune, as I shall shew you anon. They care not (I say) for oddes in their person, oddes in skill, oddes of experience. His enemy haply hath beene in many frayes; or may be as strong as Pompeys man was, who mette with his challenger in the field without weapon, and brought him away into the campe with a finger: yet all is one to him. What ar­gues this, but, (I will not say) a miracle, yet an admirable conquest? They presume of setting fortune heere against nature, chance against reason. I aske whether this bee not true? It may bee, some are more wary or fearefull. But most commonly it is true. I aske them secondly what makes them so presume? They cannot say their skill, if the other haue more, not their strength if the other be stronger, not their courage when the other may haue as much. They can­not say their right, for that is the question; neither can they say their fence for their body, for they goe not out like men, many of them; but more like sauages without de­fence. Their onely fight at this day is with single short sword. The knowledge whereof if it bee right, hath aduan­tage of any other. For hee hath a whole body to hurt, and but halfe a body to defend. But beeing so, that few haue true skill of it, it is both dangerous and speeding, and hard­ly tolerable in a kingdome. I feare mee, they will come [Page 42]shortly to the case of bodkins, or the Dutchmans stabbe or cut, with either of them a whitle, all vnbraced, and vntrust, as if they went to a bacside rather, then to a tryall of life, and death. How farre is this from the ancient doctrine of manners, or manhood, now corrupted wholly, by the vp­start humours of a number of desperates; who if it were a fashion to ride out in the raine, and leaue their cloakes be­hinde them, no doubt they would follow it.

Yee thought much euen now, that I called it dishonou­rable to challenge, or answer. But as they vse it now; I may sweare it is dishonourable. For it is desperate, therefore di­shonourable. What more desperate then to bee carelesse of ones life, when it is sought; or to hazzard it for want of de­fence. They cast vs their gauntlet when they challenge, and leaue it behinde them when they come to fight. Yee may learne of Thucidides (who was himselfe a souldier also) that the right side of a man is to vse his weapon with, Lib. 5. the left to defend with. Ours goe to it like halfe men. The great Mo­narch of the Assyrians, hauing taken distast against many of his Princes and Potentates, sent them a challenge thus: That hee would defend himselfe against them all; Iudith. 1. shewing by this, that the chiefe part of a souldier is defence. Ours challenge also, but he that brings his mothers spindle with him, brings as much defence as they. Ye haue beene in fencing schooles, And the first thing yee learne is your wards and locks. Ours bring nothing to ward withall. If yee haue beene schollers, what learne yee there, but to defend, more then oppose? Hee is the best scholler, that defends his conclusions best a­gainst all that come.

Take away defence therefore, and take away manhood. A man may refuse you with honour, if yee barre defence. For the fight is not like a man, but like a beast without de­fence. And yet verily it is a wonder, to heare our Duellists talke among themselues. ‘By God hee killed him brauely say they; I say ruffinly, without defence. Hee killed him manfully, I say casually without defence.’ Hee killed him valiantly, I say fearefully without defence. All night-feares would haunt my soule, if I should kill a man so. For though [Page 43]I had my selfe no more defence then hee; yet my sin would bee the greater, the more way I gaue chance, to tyrannize without defence. Duell is sinfull euery way, but without defence, it is a sinne against nature. So farre is it from ho­nour, one naked man to conquer another, without defence.

Archidamus the Lacedemonian Duke gaue his men this rule; that when they went to fight, Thucid. lib. 2. they should prepare themselues as if they feared, and fight as men that dared, and how is this preparing, but by defence? Iliad. 13. Homer com­mends a sword-man, by his defence, not by his offence, Be­ne loricati Achiui, his bright armour, brigantine, or coate of plate. Hee commends a fighting man thus, Galea galeae, cli­peus clipeo, Helmet to helmet, or buckler to buckler, not poy­nard to poynard, or wastcoate to wastcoate, as our carpet knights doe. The old Greekes gaue them punishment that went into the field, not without sword or launce, but with­out buckler or shield. Dionis. Hali. lib. 4. The Romanes likewise appointed eue­ry one after their quality, what to haue for their defence, howsoeuer their weapons were. The best and ablest had their siluer buckler, and head-peece of steele, their cu­rat also, and steele bootes. The second had the same, all sa­uing the curat; and instead of a buckler, they had a shield. The third had like the second, but no bootes. The fourth or meanest that bare armes had their target, and might not goe out without it. They made reckoning of a mans life, and that a man was but a man; his skin is not of a Lyon, or of dagger proofe. And so should euery man thinke of him­selfe. And if hee bee a gentleman, his scutchion of armes that makes shew of a shield, doth put him in minde how to goe into the field; or at leastwise not like slingers, and car­ters, that come behinde the campe, and can reach to no higher fence, then their fortunes. If our losse bee no more then of a dogge out of the way, wee may fight like dogges. But men, I would haue to fight like men, and they are bound by nature to it, as sure as they can for the part defen­siue, howsoeuer they bee for the offensiue, as it is in the warres; and why not? Now what is it then, that makes them so bolde, and yet so naked? Surely it must needes be [Page 44]this, that they presume to haue God on their side, if it be a­ny thing; and so (to my former saying) they tempt God. Or if it bee as they say, their fortune they stand vpon, they tempt their Lady fortune, which is very deceitful. And they doe not as we do in the warres. We will not hazzard our selues vpon a notable disaduantage; and it is no dishonour to refuse battell in that case, vnlesse wee cannot mend our selues, and bee driuen to it perforce.

Now lastly; supposing equality, and that there is no oddes betweene them; but that the one is as strong, valiant and able as the other; although the iniustice of the tryall seeme better cloaked, yet it is tempting of God notwith­standing. For they cannot deny the sword to be one of the three trials extraordinary. They may not vse triall by fire, nor by water, therefore not by sword without tempting of God. For though a man expect not a wonder in conquering his enemy, as by fire, and water hee doth; yet tempteth hee God in one of these two waies. One is in presuming of Gods fauour in a wrong if he haue wronged his enemy. The other is in seeking Gods fauour inordinately, though hee haue right on his side. Hee will challenge God forsooth to right him with an extraordinary tryall, which I prooued the sword to bee, and spoiles his cause by it. For so it may bee said of him.

As if a man should giue me a Iuell, and I go picke his locke, or his pocket for it. Would this bee well taken? Haue I not lost a friend by it? This kind of presumption is towards God as vngodly, as the other to man most vnmannerly. And I shall wish you to take heed, and enquire of it further; for it will stand yee much vpon.

And yet to giue you this also, and to free you from an audacious presumption; which I can by no meanes doe: yet I may not allowe this tryall to be a tryall indifferent, and [Page 45]reasonable, but false, vncertaine, and deceiuable, as I prooue to ye thus. There is no man can make a tryall certen, whose issue is chance. But the issue of combate is chance, there­fore the tryall vnreasonable. That the issue is chance, it appeares by the many casualties that combate is subiect vnto, if his foote slippe, or sword breake, the sunne, wind, or dust, in his eies, or if his breath faile him, hee is gone. Neither is a man alwaies in best practise for his defence. King Porus looked aside a little, hearing his men in tumult behinde him, and Alexander tooke aduantage of it, and ouerthrew him. And to goe no further then my former ex­amples; Liuius ib. 7 Ʋalerius tooke like aduantage of a Rauen that flittered in the french mans face, and ouerthrewe him by it. And yet these vncertaineties our Duellours make no recko­ning of, weighing their honour in their humour, at no more in a manner then a throweat crosse and pile, or a caste at mum-chance.

The insufficiency of this tryall is also seen, by the little e­steeme is made of it by the whole body of iustice. King, Councell, Iudges, Magistrates, and all the graue heads that are in the world. All that ye haue yee holde by their wise­domes, and iudgements, the cloake on your backe, and your sword in your hand. Yet they holde such conquests of yours as nothing. They will not condemne the conque­red for the worser man, or commend the conquerour for the better man, or that he who hath the day, hath alwayes right on his side, as commonly he hath in iust warres, and so is noted by Pomponius Laetus. In com­pendio. lib. 28. Liuie. 7. But in single fight it is of­ten contrary. As we may see in Corbis, and Oswaes case, two principall men of Spaine while Scipio lay there; who would haue vmpered the matter betweene them for the principali­ty of Ibes. But they were both resolued; no tryall but com­bate, either take all, or loose all. The apparant right was in Oswa who stood vpon his spirit, and flourishing youth. The other was both older, and stronger, and stood vpon his skill. Much preparation was on both sides, and great concurse of people, and friendes. But the stronger obtained the victo­ry, and the younger paide deere for his leuity. Like case [Page 45]wee finde in king Henry the sixts time of England, how Wil­liam Cartur was trayterously appeached for a traytour by his own seruant, and in combate was slaine by him in Smith­fielde, the seruant carrying away the victory, and the Ma­ster the honesty, as it was deemed and pittied by all that knew him. And it was not long, that the seruant could escape the iudgement of God for it, being hanged soone after for another fault.

Neither will such conquests be so much as an euidence in any court of audience. As for example, one cals me theefe, or baseborne. I challenge him the fielde, and am ouercome, and he goes away with my sword. After this, I bring my action of slaunder. Hee pleades conquest by battell, and shewes my sword for a testimony, with other witnesse be­sides. Yet all is nothing. I shall haue dammages against him notwithstanding. But I leaue these matters vnto yee, to bee better considered of; as also the humours of men, from whence this vnciuill businesse proceedes. Greene heads commonly without ripenesse, courage without know­ledge, good mettall ill applyed, good signes till impolyed; and to put all in a word, the greatest aduenture that is, for so small a prize; as appeares by the fruites of it, which are two.

First a cruell repentance, if euer wee come to repent vs, but especially if death followed. Wee must remember one day, or at sometime or other, when wee set alone, and thinke of things past, that hee was our brother, whom we maliced, or supplanted so. Hee was partaker of one Chri­stendome with vs; Like flesh, one countrey, the same lan­guage with vs. Perhappes hee was our friend and louer in his heart, howsoeuer he might be ledde by humane errour, and peraduenture our kinse-man, or allie for any thing we know, or care for in our passion. If euer we come to remēber our selues, we shall rue it most pittifully, and with the bow­els of extreamest compassion. Alasse for pitty, that we can­not take warning one by another; yea that euer we should weare a sword, and vse it no better. How many bee there that perish thus of cold iron in this iron age? how wanton [Page 46]be they with their weapons, after they get a little fence, and are not at quiet, till they haue sheathed it in their bro­thers bosome, or lye breathlesse, and speechlesse vnder the surgeons hands? They passe a tryall indeede; but where­of? Truely, in my opinion of the greatest misery, and most comfortlesse desolation that may bee. Ʋictus perijt, luget victor, As the olde Oracle went, neither of them honou­rable by it, both of them miserable, and who can tell which more? Whether he that is by this time God knowes where, or he that suruiues; and though he bee in his right minde, yet cannot make amends, or bemoane it sufficiently.

The second fruite if we may call it so, is an abhominable blindnesse of heart, which they bee growne vnto. Let vs speake but of one or two of their lawes, that they liue by, and dye by. Our young Solons, and Lycurgusses, what bring they? Or from whence? Not from the Athenians, or E­gyptians; not from the Romanes, or Lacedemonians; and much lesse from good Christians. Their first law is good, and is but for a shewe; to colour the rest. And that is this, ye must doe wrong to no creature liuing. But they keepe it ill. For if they carry a spleene against one; they will giue him a iustle, or a scorne, or somewhat else that the other will not take, and raise a brawle presently. The second is if yee happen to wrong one, or that the other take it for a wrong, it is base to cry him mercy for it, or yee must doe it coldely, or rather stand to it, and iustifie it, and adde wrong to wrong, and word vpon word to the defiance. No place left for curtesie, but a curteous scoffe. A third is, if one throwe duste or salt in your face, or disgrace you in any sort: if yee be not a cowe, ye are bound to challenge him.

A fourth is, that if a man doe not answere his chal­lenge, the other may stabbe him, or pistoll him for it, wheresoeuer he meetes him. Lesse then his life cannot satis­fie the disgrace. What a horrible law is this? How inhu­mane? And yet there bee other as ill as these; but they a­gree not all in a tale. I omitte to speake of their satisfacti­ons; as what is due for the lie giuen, what for a blow [Page 48]with a fist, what with a cudgell? The satisfaction must be greater then the wrong alwaies, else no satisfaction, or rather no satisfaction will serue, vnlesse the party thinke it so. And it comes to this in the end; that he must be his owne iudge. For if he thinke it not satisfaction enough, all his friends must not quiet him. These matters I shall desire you to examine with the lawe of God, and with the pro­fessours of the same. And let no man make a puffe at it, if hee bee a man indeede, and not a very Canni­ball.

There is an eternall lawe, which to aime at, is all our du­ties, and to swerue from is frailty; but to make lawes a­gainst it is plaine Apostacie, or as I saide before, meere blindnesse of heart. For what should I call it else, when they forget God so much, forget nature, forget all ciuility and humanity? A gentleman is so called of gentlenes, and sweet­nes to all. The opposite of rudenes, surlines morositie, and hard to please. And as they be towards man, so are they to God-ward; that is to say contemptuous and base. If the king commaund a man that hee fight not, or if a man bee bound with his friend to the good behauiour, and be chal­lenged; he will refuse for feare of forfeiture, or offending man, and they hold it no cowardice. But when the king of kings forbiddeth, Heb. 1. Psal. 90.11. and his angels are our sureties, as it is written, God hath giuen them charge of vs; wee neither listen to God, nor Angell, but turne our backes to them most rudely, and therefore they turne their backs to vs, and we speed ill fauouredly with it in the end.

Neither doth it helpe the iustice of our cause, to fly our countrey for tryall, as many doe. ‘Coelum, non mores mutat qui trans mare currit.’ It saues them a penaltie, but helpes no fault, beeing both of one allegeance, which if it were seuerall, the sinne were on­ly to God. As it hapned in the time of King Edward the third, betweene a gentleman of Cyprus, and the bastard of [Page 49]France, both hired souldiers to the king of Armenia. One of these had charged the other for taking money of the tur­kish enemy. And beeing to try it by combate before some competent Iudge, that were indifferent to them both: They both agreed to goe ouer in to England, Edward 3. and to bee iudged by the king there. They would not bee their owne iudges as our Duellors are; nor steale reuenge as we doe; nor wrong their Soueraignes, as they had done, if they had beene of one allegiance. But the matter being great betweene them, they prepared themselues for all tryals of chiualry, on horse­backe, and on foote, and submitted themselues to the ho­nourable censure of the worthiest Prince in those dayes, who iudged it for the Frenchman, after a long combate.

Yee talke of daring, and what a trouble it is to a man of spirit, to be dared to his face in any thing. And why should it trouble you, so hee cannot out dare you in true honour. Neither is hee the best man that dareth most; Fortis non est qui nihil timet (saith Aristotle) Most valour goes not by least fearing. Yea a man must feare as well as dare, if he be a true souldier or professour of armes. Vulneribus didicit mi­les habere metum. And yet is not this to bee rightly called feare in him, but a necessary care of himselfe, as farre as may stand with honour. The truth is, hee is most valiant, that can, and will, and will what ere hee can, due circumstances considered. If your enemy will dare you to the diuell, must yee dare to goe with him? And I haue prooued it to bee lit­tle better. If your enemy can clime a tree like a squirrell, or swimme like a dogge, or haue other actiuities, that you haue not; as to ride a wilde bull, or cloze with a Beare, or bee so desperate as to runne vpon his swords point, or leape into a well; will yee answer his challenge in any of these for your life, though hee dare you, and dare you againe? And yet I cannot deny it to bee a great deale of courage (if a man were not drunke) to dare so.

I knew two gentlemen fell out on an euening, and they must try it presently by starre-light, with either of them a knife in their hand, and had almost killed one another if they had not beene found in the fact, and parted. Did any [Page 50]man commend them for it, or not rather laugh at them? I heard of Sir John Wallop an hardy knight of England, who when hee was olde, was challenged into the field by his ene­my. And it was no dishonour to refuse it, and our Duellors will not deny it, but will blame the challenger rather. But the olde knight did challenge him againe to bee bound in a chaire against him; as hee should bee also, with a case of Pistols in their hands, and so to try it. But the other refused (our Duellors will say) with honour enough. For, may not, and can not, are both in a ranke of things that are not to bee done. Why should a man dare then to doe that he may not without defence, more then that hee cannot without knowledge, or ablenesse to performe.

It is pittifull, that men dare so, and haue God against them. I know well, wee dare euery day against God, when soeuer wee sinne wilfully. Wee presume vpon long life, and therefore wee dare. But to dare him so neere death, and in an act, that tendes to death, I holde it most desperate, or like vnto one, that pickt a pocket as hee was going to the gallowes. But whether goes hee? hee goes where he may dye, though man good enough; and his other sinners may deserue it, though this were none. What more? He goes where none that feares God will goe with him to giue him countenance. No spirituall man will associate him, to giue comfort at his death, or dare bidde him God speede in so speedy a way to hell. Hee shall haue many no doubt of his owne spirit, that will accompany him, and animate him in naughtinesse; but no man of God to pray for him, or God to take his prayer. Let his cause bee what it will bee, right, or wrong. If it bee right, hee spoyles it with ill handling; if it bee wrong hee sinneth doubly. It is base to wrong any, but more base to stand in it.

Yee aske mee then, what remedy for gentlemen to right themselues, if they bee wronged, or dishonoured. I answer, my purpose is not to giue remedy to remedilesse humors, but to shewe vnto yee, that what yee thinke is remedy, is no remedy, and what yee thinke is honour, is no more but cou­rage. For, yee must distinguish of it thus. There is honour [Page 51]without courage, and that is harmelesse; there is courage without iustice, and that is honourlesse, or honours ape; and there is honour and courage together; and that is true va­liantnesse, as I haue said sufficiently before, and well be­comes an honourable person. They that haue breeding, will choose the best of these I doubt not. And as for righting; verily in the law of armes, and chiualry, wee acknowledge no such lawes as your Duellors talke of, but onely one, which is to doe no creature wrong. An other law we haue like to this, neuer to be our owne Iudge. For this we hold to bee childish and base. Neither is it for a mans honour, to bee so ill neighboured, or ill friended, that hee will not bee iudged by any, but by himselfe. Let these two lawes be well obserued, and men will quickly doe right, or be righted. For it is not vnmanly for a man to aske pardon, where hee hath wronged, so it bee not for feare; neither is it honou­rable for a man on the other side, to aske vnreasonable sa­tisfaction, or to aske satisfaction where there needes none; as if a blowe were but proffered onely, and not giuen, as A­styochus did by Hermocrates.

What is fit satisfaction for the lye giuen, or what for o­ther disgraces; what is a iust repulse of a wrong, and when the burthen of honour is truely cast vpon the iniurer, your Marshals can tell best, who are best acquainted with this new disease. New maladies haue new medicines. If a man haue the lye put vpon him, and he strike him for it, I thinke hee should bee satisfied. If he take a blow, and giue another, what would hee haue more? for this was Moses law Leuit. 24. Ocu­lus pro oculo, dens pro dente, An eye for an eye, a tooth for a tooth. And must wee haue two for one? No wee may not, for what sayes the law more? Qualem inflixerit maculam, Vers. 20. talem sustinere cogetur, What contumely hee hath giuen, the like hee shall bee made to vndergoe. A disgrace for a dis­grace, a blowe for a blowe, or an humble submission for an vnworthy aspersion. And yet with vs, these be no satisfacti­ons. We will haue more then the law, we will haue his blood rather. And where the law saies cogetur; whereby the ma­gistrate is appointed to right vs; wee say no, wee will right [Page 52]our selues. What a presumption is this, to teach God al­mighty what is iust? Againe, there is much quarrelling a­bout women. If two fall out about a corruptible mistresse, they must goe fight for her loue, and know not why. Were it not much more honour, to doe as Lester and Liques did of late? The more they loued the selfe same mistresse, the more they loued one an other. Yea when Liques had ob­tained her, and married her one morning, and was taken by Lester the same day in a skirmish neere Saint Omers; and shee sent vnto him to send him to her againe out of hand; hee obeyed her voice, as the voice of his generall, and sent him away the same night with honour. And why should not all men doe the like? but snarle at one another, like a couple of mungrels, more for lust, then for loue. In a word.

If yee will haue of me any remedy, I must speake out of Gods law, or no law. And then I say if one haue done me a despite, that the law will not remedy; yet by Gods law, I may not bee his executioner. Neither neede I salute him, or speake to him, or mooue cap to him, vntill hee haue satisfi­ed mee. I may deny him all points of friendship, though no point of charity. Hee hath lost my good opinion of him, which otherwise I owed him. He hath lost my loue, and good will, and the loue of all that loue me. Is not this reuenge e­nough thinke yee? but yee will laugh at mee now, all you that know not the worth of loue, and good will. I protest vnto you, if I had wronged one in word or deede, it would be to me the greatest paine that could be. For both must I make him amends, and also I am bound to seeke him, if I haue any Christian blood in mee. If thy Brother haue ought against thee, that is to say, be wronged or thinke him wron­ged by thee; Mat. 5. goe thou and be reconciled to him. Loe heere. I must goe seeke him where hee is. But I leaue this to preachers, who tell vs, and agree in this; that the wrong doer is bound to seeke the wronged for his loue, and that with all the good tearmes hee possibly can. And wee haue many examples of Princes that haue done the like.

A Prince will not wilfully loose a subiects good will for a peece of his kingdome. As we reade of Alcibiades the A­thenian Duke, who gaue to Hypponicus a Senatour a blowe on the eare, in publique place. But being come to himselfe, he grieued at it much, and went to seeke him next day at his house, offered himselfe to be whipt, beginning to strip; and so insinuated into his fauour againe, with due satisfacti­on, that Hypponicus soone after made him his sonne in law. King Agrippa likewise hearing of one that thought ill of him for somewhat, was not quiet in minde, vntill he had spoken with him, and wonne him, made him sit downe by him, argued sweetely with him, reconciled himselfe to him, and so sent him away. Who will holde these men for base, or not truly honourable, and not true esteemers of loue or good will? Onely thus much I will adde. Hee that is so rude or vnsociable, as to wrong one, and neither seekes re­concilement, nor cares what any man thinkes of him, like Mounsieur Orguiles, whom we heard maintaine, that hee had rather haue his neighbour to be his enemy, then his friend; such as these (saith Morus) haue more neede of pitty then reuenge, they are halfe way poore soules in hell already.

Neither doe I weigh the common obiection, that our enemy will set light by vs, and double vpon vs iniuries in these maleuolus times, if he feare no more but losse of our loue. Whereunto I answer, I will prouide my selfe against wrong as well as I can. And yet if he feares me not, it shall be to me no dishonour, or harme; no more then if a Beare doe not feare mee, I will see to it, that he shall not bite me. But must I challenge or answere the fielde to euery one, that baites mee, or scornes mee? So I might set vp a bul­ring, and play the Bull my selfe, when I haue done. In a word, I dare approoue no sauing of honour by fighting, nor any remedy that way. And as touching challenge, I can allowe of none at all; but to summon him to the court of honour (if they be gentlemen, and beare armes) to answer it at their perill. And the sentence there may be as great sa­tisfaction to the wronged, and disgrace to the iniurer, as [Page 54]that of the Censour of Rome was. Which Romane gentle­men stood in more awe of, then of fire or sword. And this is all I can allowe you, and no more. My reason is this. For eyther the wrong is prooued, or not. If prooued, then no combate, as all agree, because there is meanes for ciuill sa­tisfaction. If not prooued, as to say the lye was giuen you, but you cannot prooue it, conquest cannot prooue it, except it speake true alwayes, which no man will say.

Howbeit for a perfect remedy, or preuenting rather of the cause, I would wish that we were so wise as to withstand beginnings, and to temper our heate, that there might bee no brawles at all. For it is a rule in armes, that he who for­beares ill words, can neuer haue the lye giuen him iustly, nor the burthen put vpon him to challenge. Detraction behinde ones backe, and contumely to ones face, are prin­cipal bellowes to these combustions. Or to speake more in­wardly to the busines, I find most commonly mens thoughts in Duell before their bodies are. Enuy and pride in them fill their heads with comparisons. ‘I as good as he, I more wise or worthy, I more valiant or hardy, or of better de­sert then hee.’ And this is mentall Duell which breakes out into act vpon small occasion.

They say comparisons are odious, and yet they vse them as though they were gracious, and that is childish. For it beganne with childe-hood, and should ende at manhood. Quanto maior es, tanto te geras submissius, the greater we be, the more kinde, and humble we ought to bee. And we that bee Christians haue great helpes for it, ouer that heathens haue. And yet haue heathens also giuen vs excellent exam­ples heerein; and it is good for vs to learne of them, if wee will not learne of Christ. Wee may learne of Fabius Maxi­mus, as I said before, not to regard what men say of vs, so we deserue it not. Wee may learne of noble Antigonus, who ouerhearing some of his followers, talking their plea­sure of him in the next roome, came out suddainely vpon them with a staffe in his hand, and badde them get them further out of his hearing, and then talke what they list. Why tooke he not reuenge? We may learne of Philip of [Page 55] Macedon, who contrariwise, would not part with Nicanor, although he were tolde that hee was ill tongued, and spake not well of him. "I must looke to my selfe (said he) that I haue no fault, and he will haue little to talke of. So saide Tiberius before hee fell to tyranny. When complaint was made of certaine libels cast out against him; ‘Wee must haue patience (said hee) tongues and thoughts are free; I will doe nothing heereafter, but what I can account for; and if they shall hate me notwithstanding, I can but hate them againe.’ And like to these was our Lewis the twelfth, who was so quallified in this kinde; that he renued the old custome in plaies, and enterludes, to point at mens faults. with quippes, and ieastes before their faces (which is death in Ʋenice) and would not himselfe be spared, no more then others.

And to this effect said Phocion that noble Duke of Athens that he had no enemy; nor could hate any man. For if a man should wrong him vndeseruedly, he was his owne ene­my, and not his: and if deseruedly, it was a warning to him to amend. I would to God wee had the minde to learne of him; for he was full of wisedome, and manly fortitude. He helde it base to keepe reuenge in his breast to any priuate person. In so much as going to dye, one asking him what he would haue to his sonne; "nothing (said hee) but that hee reuenge not my death. And of the same minde was Ʋespati­an the Emperour, as great a souldier as hee was, hee would take no reuenge of priuate enmity. For beeing thrust out rudely (before he was Emperour) out of Neroes presence by an vsher of the chamber, with these words; ‘get you out, get you out with a vengeance, what doe you heere:’ This vsher comming afterward to him when hee was Emperour, to craue pardon of him to late; hee gaue him no more but his owne words againe, saying: "get you out with a venge­ance, what doe you heere. This is base to our young masters now a daies, that must beare no coales in no sort.

And what doe we reade of Lycurgus long before these? when Alcandar had maliciously put out his eye with a cudgell; did hee thinke of reuenge? no contrary; he tooke [Page 56]him into his seruice, and hee became his louingest seruant that euer he had. A strange thing, that heathens should practise the Gospell before they heard of the Gospell. Yea more strange, that God requires no more of vs, but what our light of nature shewes vs the way to. And most strange of all, that we who know the Gospell, set so light by it, will not heare of turning to 'ther cheeke, or of rendring good for euill; Mat. 5. neither doe Ivrge them to it now; and yet these Pagans ledde them to it, by their owne practise, and example.

Was it want of courage thinke yee, that Caesar would put vp a wrong in an instant? As when he gaue his voice for Memmius to be Consull, that called him all to naught but a little before, was pleased with Catullus in an instant; and badde him to supper, who had defamed him with libels? and who could take more temperately those biting spee­ches of Cecinna then he? Where was courage? where was reuenge? Where letters of defiance? What reuenge tooke our Constantine, when one was brought before him, that had stabbed his picture on the face? This was all he did. He called for a looking-glasse, and finding there that his face was neuer the worse for it, hee let him goe without punish­ment.

These vertues in those great Princes were admirable. And although I doe not commend them in all these things, in regard they were publique persons, and might lye open to contempt by it, if they should vse it: yet are they of great example to priuate persons, not to thinke so loftily of themselues as they doe, when such as these, and so farre a­boue them in honour and worth, could forget their great­nesse, and policie, for loue of these vertues, and in hatred of reuenge. It is commended in Cotys king of Thracia, that finding himselfe so weake as he was in resisting anger, hee shunned occasions of it, though it were but to a seruant. For which cause hee brake once a number of costly drinking-glasses, that were giuen him for a present, saying: hee had rather be without them all, then be angry with his man for breaking but of one. Yet much more commendable it had [Page 57]beene, if hee had spared the glasses, and watched his anger better: which wee that be Christians may more easily doe then he, by helpe of grace, which he had not.

Gentlemen should bestow some time, their idle time I meane, vpon morality and laudable histories, that they may see and make choise of the worthiest actions, and imitate Princes if they will. Princes I say, that were not greater (some of them) in their outward conquest ouer others, then in their inward ouer themselues. How much better should they im­ploy there time thus, then vpon loue bookes, and poems of idle subiect, which haue multiplied, and swarmed of late to­wards the end of the world, to light a candle before the di­uell, and to intoxicate mens heads with matter of imperti­nent fiction, and such as Duellors are most beholding vnto.

For to speake a word or two of the originall of this vice before I leaue it; how it sprung, and grew to this greatnesse: I take it, it comes two manner of waies. One, by some likenesse it hath to vertue; And Similitu­do mater erroris saith Galen, All the world is deceiued with Similies. Pride is like magnanimity, and therefore men bee proud; enuy like iustice, and therefore men be spitefull; gluttony like naturall appetite, and therefore men bee rauenous; letting of money like land letting, and therefore men bee Vsurers. So Duell vpon priuate quarrell, like combate vpon our countries command, and therefore they will fight, when their humours command. The other is a multitude of idle bookes and ingenious deuises as I said, but much naughtinesse in them, to in­vegle the minde of man, and wrie our vnderstanding quite on t'oue side. Such as Amades, and Ariosto, Ʋalentine and Orson, and the knight of the Sunne; that are full of these challenges, and brauadoes, and such like vnchri­stian stuffe, which some of the Authors haue repented them of since, and so haue professed at their dying day. These and such like, men teare, and weare with continuall rea­ding. Euery one will haue one of these, or a play booke in his hand, and what men delight in, they are made like vnto.

An other way how Duell comes in, may be our badde in­clinations alwaies to make good ill, and to corrupt any thing that is good. Religion slides easily into superstition, deuotion to scrupulosity, honor to insolency, ciuill manhood into ranke, and wilde manhood; as hearbes, apples, and flowers doe, which for want of culture, and kindly mould, degenerate in time to weedes, and wildings. The true soyle where manhood growes, is lawfull hostility, or iust defence; for want of which, and through idlenesse together in peace­able countries, it growes ranke, and rammish, and workes vpon it selfe for lacke of the true subiect. Like fire, that cares not what it burne so it burne somewhat; or like a ston'd-horse, that for want of a Marrow falles a kicking, and leaping his fellowes, to vent his courage.

But to speake more historically; the very beginning of Duellum, and the lawes thereof came first out of the North if wee beleeue Bodinus. In Meth. The Scythians first, a strange people, and of large dominions, who liued all vpon sword, as olde histories make mention, and doe yet at this day. Iniurias il­latas rare iure, sed ferro vindicant, saith Munster, They sel­dome right themselues but by sword. And this was so agree­able with their horride nature; that Anacharsis, their owne countrey Philosopher, was killed by them for attempting to alter it. After these, the olde Germans, as Tacitus repor­teth, ‘The magistrate (saith hee) determines nothing either in publike, or priuate, but by sword.’ And as this people not knowing God, or his lawes, ouerranne the South with many notable incursions; and hath left a print of it yet in old Im­periall lawes: so carried they their fashions with them, and infected all countries with their inciuilities, which would neuer bee quite abolished to this very day. ‘And this is such an iniustice (saith my author) as I know not a greater; that a weake body cannot bee righted of any wrong, but hee must fight for it, though it be with his farre ouer match.’

Italians and Spaniards, the one diuided into Guelphes and Gibelines, the other in Moores and Natifes, were also much to blame in this businesse. And from them it came ouer the mountaines to vs, and wee as forward therein as our ma­sters. [Page 59]All bordering countries likewise, that liued most vpon sword, rapine, and spoyle, as professed outlawes, infected the inlandes in time with their disorders, and outlawe so­ueraignty, as the nature of man is, prone to learne that which is euill. But what is the ende of it? See whether it were of God or no. Those nations haue almost left it now, and are fallen to worse, to priuy murthers with long needels, and poysoning, where they beare grudge; and so shall wee also if wee bee let alone, and a man shall not know who hurt him. All artes and sciences are come at this day to the toppe. Nothing almost can bee added. Euen so it is with the malice of man, as by this very sinne is easily seene. One thing it is to sinne of frailty as I said, or vpon suddaine oc­casions, where mans reason hath no time to discourse: but to say wee doe well, and are bound to doe it, where we doe ill and will doe it againe, is to forget God quite, and to re­signe our interest wee haue in our Christendome, or shall haue in his kingdome.

There be lawes against this vice in some places. But what should there neede lawes to men of honour and armes, who ought to bee their owne lawes, and other mens. Lawes be needfull to those of ruder fashion. But bee not you like those feeble women the Miletian virgins, Plut. apoph who neuer left killing their owne selues, vntill an act past against them to bee carried out naked when they were dead, for euery man to looke on. Yee haue but one life, and yee haue it not for your selues alone, but for many: your friends, and kinsfolke, and countrey haue part in yee, saith Cicero. Nay, what saith Saint Augustine? Quid tam non tuum, quam tu? What so little thy selfe as thy selfe? As who should say, others haue more in thee then thy selfe. How vnworthy is it then to adventure thy selfe so vngloriously? Your neighbours, and countrey-men haue part in yee, why should yee robbe them of yee? Your kindred haue interest in yee, why doe yee depriue them? Your Soueraigne may neede you, why deny you him his due, and hazzard the best blood yee haue in obscurity? Will other men rise of your blood thinke ye, when yee are gone? how basely doe yee thinke of your [Page 60]selues in your highest conceits.

A man is borne for many, yet wee will ieopard our selues to doe good to no body. One man may kill many in his countries defence; yet wee will bee lauish of our life in hope to kill but one, and him as good a member (it may bee) as our selfe. And what doe wee in this, but worke a­gainst our selues? If a man possesse any thing, there is none but will haue as much as hee can for it before hee depart with it. Onely our life shall wee set so little by, as to ad­uenture for little, or nothing? Doe we not know the worth of our life, and what a iewell it is? how neuer to be had a­gaine, when once gone? how soone forgotten? how little care of vs when we be dead, and put into a hole, to reuenge our quarrell? euery one is not Patroclus, who had an A­chilles to reuenge him. It hath beene comfort to many, that their death should cost many deaths. Epaminondas died ioy­fully of his deadly wound, when hee heard that hee had wonne the field. Wee neither winnne field, nor shield by it, but content our selues with a little fearefull honour, which is no honour. Wee little remember, that our life is all our stocke; and what merchant will aduenture all at once, to make but owne of owne. If I kill, I kill but one, if I be kil­led also, I loose two. What is gotten by this? if a man had many liues, hee might hardly spend one idlely. Ha­uing but one life then, and to spend it so prodigally, I would thinke he had too much of one.

And I cannot but here (while I thinke of it) digresse a lit­tle from the matter, although not much. And great Princes I hope will not blame me, if I remēber them of an intolerable abuse of their Jrascible part, if they take not heede. And their fault therin is the greater, and commoner, the more absolute their authority is, where no man is to controle them in the power that is giuen them by Gods assignment. They are ap­pointed by God, or rather put in trust to bee his vindices ad iram, Reuengers for God to execute his wrath vpon those that bee euill, Rom. 13. and wrong doers, ijs qui mali sunt. I speake not of the power they haue ouer their subiects, which is meant directly in this place; but of that they haue ouer their equals in other countries, if they or theirs be wronged & may right [Page 61]themselues by the sword if cause require. It is seldome seene, that right is on both sides. And therfore how many battels we reade of, or heare of, so many wrōgs most cōmonly, yea so many massacres, or wilfull murthers on t'one side, which is horrible to thinke, that it should be amongst Christians.

Some goe to it with as slender pretences as may be. Some with iustice enough, but vniustly. Our Charles the eight will neuer be forgotten, who ranne through Italy like a fury for recouery of Scicilie and Naples; set townes and people on fire where he came; robbed Churches and profained them, rauished women, and cutte their throates when they had done. In a towne of Tuscane where they had nothing to do, but to passe it through; yet spared they not man, or woman, poore innocent people, till they had slaine sea­uen hundred of them. How farre was this from Charles the wise his grandfather, a most peaceable and powerful Prince. Charles of Burgundy likewise had the name of a worthy Prince; yet not to be excused for the malice he bare to them of Leodes, where he made his souldiers carry firebrands in t'one hand, and their swords in t'other throughout his army. He left not a stone of their walles one vpon an other, to wreake his will on them for a very small cause. And a­gainst the Switchers soone after, what outrage committed he, where he hung fiue hundred captiues at once without all redemption, brake promise foulely with those of Gran­son, demanded of his subiects a sixt of their goods, but they would not yeelde him a penny, vnlesse he would come home, and leaue those idle, (they might haue said) pernici­ous warres. And to goe no further then our next neigh­bours, what a diuelish fight was that betweene the Switch­ers, and some of the Cantons, because they would not leaue their league with Austria? They grew to that rancour, and mortall feud, that when they had vanquished them in a sore battel, they were not thus content, but made stooles, and ta­bels of their dead bodies to sit on, and feast vpon. And that which is more, they opened their breasts, and drunke their blood to one an other, and pulled out their hearts, to teare them with their teeth. Would ye thinke this were in Christendome? I giue but a few examples in stead of ma­ny, [Page 62]and am ashamed to tell, what hath hapned neerer our time.

The like not read of scare in all the Bible, that faithfull were against faithfull. Yet with vs daily, Christians against Christians, and suffer their faith to sleepe the whilest. There want not prelates, and clergie-men, to forward Princes in such businesse, and to sowe pillowes to euery bedde. There want not histories great plenty to extoll their doings, Ezech. 19. and magnifie their names, for executing brauely vpon their owne tribe, Pom. Let. and alliance without all respect of nature, and pitty. He that kils most is extolled most, saith one. A Chri­stian is but a dogge to him, if he be angry. And if a Prince be of quiet disposition, and peaceable, and thinkes he hath enough of his owne to gouerne in peace, and feare of God, as Numa and Salomon did; they count them scarce worth writing of, because there be no battles nor conquests in his time. Where contrary, they should thinke him wise, for sparing, and not spending so much treasure, and blood vpon that which they cannot keepe no longer, then they be stronger, and haue no more title to most commonly, then is sealed with an edge on their next neighbours flesh. It is a wonder to see, what paines and eloquence our writers bestow in this kinde, to set forth the glory they thinke, but indeed the sinne and shame of their countries, if it were not apparantly iust, and honourable, which they tooke in hand.

We reade in the booke of Iudges, how ten tribes fought against one, which was Beniamin. The quarrell was iust, the reuenge approoued of God, for a horrible crime com­mitted in Beniamin, and the whole tribe ouerthrowne by them, except a few. Yet when they had done their worst; doluerunt, they were pittifully grieued at it, and penitenti­am egerunt, Iudg. 21. their sorrow was expressed in deedes, and care to make them amends, as it their appeares. They vaunted not of their valour, nor made bragges of the blood they spilt, but lamented with teares, and with wringing of hands for that was past, and could not now be recalled. How ma­ny Princes haue wee knowne in Christendome, that haue [Page 63]shewne much sorrow for twenty or forty thousand slaine on a day of the same tribe themselues were of, and bought with the same blood? Yea, haue they not made tryumphs and bonefires for it, when they came home, and Te deum sung in Churches for them, when they had more neede of a mi­serere?

There haue beene thrice fiue hundred yeares since the comming of Christ, and the fourth is begunne. In the first fiue hundreth began our greatest Monarchies. In the se­cond they grew Christian, and were of great example. In the third they beganne to neglect religion, and to preferre their owne ends, pulling from each others greatnesse, and abiding no equals, which caused much warre. What will be­come of this fourth fiue hundreth, we know not yet. But if the rest holde out like the first of it now last past, we must looke for a generall reuolt from God and all goodnes, 2. Thes. 2. our sinnes deseruing it, and our contempt of his lawes. I pray God my feare prooue greater then the euents. I haue read an old prophecy, that Europe shall burne, and it hath prooued true in this last age. The rather through difference of opinions, and those both great, and many in matter of Religion. By reason whereof so many haue beene slaine in a few daies space, as would haue driuen the Turke out of Hungary, Walachia, Transiluania, and out of all Germany home to Constantinople; and in a few yeares so many of our Christian brethren haue beene slaine by our fire, and sword, as would haue wholly vncrowned him, and cast him out of all commerce with vs, beyond the Caspian sea, from whence he came.

Ispeake not of older times then this last hundreth, wherin it bad beene better (if it were Gods will) that Flanders and Netherland had beene vnder water, Milan swallowed of the earth, Naples flat with the ground; then so many liues had beene lost about them, and so many soules either dam­ned, or indangered by them: the turke looking on the while, and laughing at vs; giuing praise to his Mahomet, and cry­ing, blessed be our confusion. The day is now come I thinke, which Christ foretold vs, that malice shall abound, and cha­rity [Page 64]waxe cold. Mat. 24. It could not else be, that wee should bee so ready to strike our brother or neighbour as we doe vpon so slight occasions most commonly, or not so great as Benia­mins was, and dye vnrepentant for it. It is no new saying; but begotten of long obseruation in most countryes, and ages, especially, in former times, and for this onely sinne.

I list not illustrate it with examples, what vntimely deaths haue followed Princes for it. Or if not death, yet cruell ren­ding of their kingdomes, or translating them out of their lyne to some worthier then themselues, and sometimes to their enemy. Psal. 67. Dissipa gentes quae bella volunt saith king Da­uid, Let them be confounded that seeke warres. And the Emperour Martianus who had beene a warriour all his dayes; yet this was his saying: ‘let no man haue warre, that may liue in peace. Pax vna triumphis innumeris potior, saith an other.’

And yet I would not haue them loose what they be true­ly Lords of, nor put vp incroachments, and vnworthy dis­graces, for which they may honourably right themselues, if some things concurre. For first the cause must be iust, and so resolued by reuerend men. Secondly (if long out of poses­sion) that it cost not more then it is worth. And thirdly, how like they be to holde it, when they haue gotten what they would. lib. 1. c. 16. Our Phillip de Comines, who was in the bo­somes of many great Princes addes this also; ‘that where there are many Princes of equall degree, and cannot agree: if they will be sure to doe well, they must alwayes haue some superiour amongst them, to aduise them, and ouerrule them in matter of quarrel, and anger between them.’ What a thing is it, that two Princes both of them wise, should [Page 65]leade their armies into the field, Lib. 3. cap. 3 and inuade one another so boldely, and bloodily as they did, and knew no cause why, but the cunning of contriuers, and make-bates, as the same author affirmeth of his owne knowledge. Who sheweth al­so what deceits they haue vsed, and striuen who should de­ceiue the other most in their accords, with more then Pu­nicke fraudes, murthers, and paricides, when they gaue scope to their humours, and would be ruled by none? The danger whereof is so great to them, and to their posterity, cap. 28. that hee exhorts them in his first booke more like a Di­uine, then a Statist; to thinke of hell often, and of the tor­ments there. I say no more; but humbly wish them to reade it, out of the booke it selfe, and marke it well, as the Emperour Charles the fift I thinke did, for the booke was neuer out of his hands. And yet it is no more then Eccle­siasticus aduises them, Memento nouissimorum, cap. 18. & desine inimicari, Remember the last things, and thou wilt haue no minde to make warre.

Lastly, touching this point of warres, if wee beleeue Di­uines; a demand of recompence must precede for sauing of blood-shedde, before the enterprise be vndertaken. Against Turkes and heathens, wee neede not bee so scrupulous, so touch bee kept with them, and the law of armes. If a king goe personally against infidels, it is impious to trouble him at home, before he returne; though some haue practised it, and defeated good enterprises by it, to the sorrow of Chri­stendome, and the enemies great aduantage. I cannot but wish, and pray, that God would touch the hearts of Princes with zeale of propagating the name of Christ; and if they loue wars, to shew their valerous minds where they may shew it, and not broyle in ciuill discord, and aduance broken titles, and vengeance at home, while the bounds of Christendome in Europe grow narrower, and narrower. But what hope of making Christians, if they haue no scruple of killing Christi­ans? I will returne to my matter againe. As Princes haue care of many liues, that they be not lost, or cast away: so ought Subiects not to be prodigall (as I said) of their owne life, or their neighbours, though neuer so enemy to them.

God hath made vs little lesse then Angels, Psal. 8. as wee reade in the psalme, and the world hath beene in trauell with vs, fiue or sixe thousand yeares, to bring vs forth for Gods seruice, and our countries. And what seruice haue I done, to kill or hurt my brother, or but to aduenture my selfe for a shad­dow? What honour gotten by mayming him, or drawing blood of him, which euery beast can doe better then I? Yea, what if he deserued ill of mee? What if he deserued death by wronging mee, and that hee fall into the hands of iustice for it? The sentence which graue Iudges pronounce not without heauinesse, shall I goe, and preuent with triumph? That which Gods people behold not without teares, shall I execute with vaunting? and therefore as my case is, the Psalme is changed in me; and I haue made my selfe so farre off from Angelicall, that I am little better then a diuell, if I dye in that estate. O how great wee be in our owne sights, and yet how pleased to aduenture our selues abiectly, and to deserue ignominiously in the last act we doe?

This one life which God bestowed on vs at length before the world were quite ended; is it not a dreadfull thing we should waste so idlely, spend so carelesly, and end so despe­rately? That which our worthy friends had care to leaue vnspotted to vs, vntouched with infamy, vnstained with wrong doing, memorable some of them for their countries good, honourable for their deserts, and dying in Gods fa­uour; shall wee alone bee foolish, and vnworthy, and as we ledde our life vnprofitably, so shall wee leaue it I know not how? that which King, Councell, and communalties haue care of to preserue with peace, shall we frustrate with a gid­dy fancy, and finish with a fatall blow? That which God and nature haue conspired to produce with consent of stars, firmament, and all heauenly influences, shall we rashly bring to nothing with a bloody thrust? That which our noble an­cestours haue holpen to bring to light for their honour, and to inrole in their descent, shall wee vnrole with some base attainder, or patch vp with a purchased pardon, which none will thinke honourable, but our selues?

What will the world, or they that know vs, say of vs? [Page 67]Surely no better then thus; we haue good riddance of him, or I would wee had; hee was but a quarreller. What will Pagans say, if they can speake for laughing, to see vs quell one an other as wee doe? What will our Soueraigne say? Hee would neuer haue beene our friend, that was not his owne, farewell bee. What would his ancestours call him, if they knew him, but an abortiue, vnprofitable, Esay. 14.19 one that came for naught, and is gone for naught? But aboue all wee should feare the iudgements of God, what hee will say of vs. Sorrow, and vnluckinesse goe with him, Psal. 13. because he would not know the way of peace. Nay, what will himselfe say if hee dye out of Gods peace? Woe is mee, woe is mee, I sought honour, I finde horror. Tell mee now I beseech you, what worth is your enemy of? how dangerous a person? what monstrous Gorgon or infectious Dragon doe ye make him, that yee dare vndergoe all these censures for him, from God and his worthy creatures; and hauing but one life, will boldely ieopard it in such a quarrell?

THE SECOND CHARGE BY THE CIVILLIAN AGAINST AVARICE.

THe noble Philosopher, and States­man Plutarke hath such a saying: De ira cohib. that lust, selfe-loue, and cupidity do prouoke much anger in vs, and breede in our bosomes a neast of Bees. As much to say: they put sowre in our sweet, gall in our plea­sure, a sting in our hony; and our best contentments worldly are subiect to a frette. And to prooue his words true as touching lust; what gall it is mixt withall, wee neede not seeke so farre as the destruction of Troy for the rape of Helena, and the warres that were made for loue of her. Wee haue examples enough at home, of those that haue lost their liues, and limmes for women. And for the other part which is Couetousnesse, or Cupidity; and what matter it giues for anger, and vnquietnesse; we may well perceiue it, both by courts of iustice, that are full of quarrelling for thine, and mine; and also by them that haue more then they can spend; yet rest not so content, but still will be adding more water to the sea.

Of anger or the part Irascible (right worthy friends, and gentlemen of great hope) it pleased my good Lord to speak very nobly yesterday; and there is nothing to bee added, though all be too little that can be said, if the concupiscible [Page 2]also be not well qualified, and made to know it selfe. Of this therefore it comes to my course to speake to day, though very vnable for it: and where the last daies charge was to quench the fire of anger with coole water; now shall it be my endeauour to pull away wood from it also, and all combustible matter if I can, that there may bee nothing to kindle it.

And it will no doubt be worth my labour; since there is nothing hurts vs more then anger, nothing stirres vp anger sooner, then euill guided Concupiscence, whereof I shall now intreate. And yet of lust and luxurie, which is t'one halfe of it, I will not speake, those being such knowne sinnes, and ha­uing so little excuse for them, that their apparant deformi­ty doth shew it selfe sufficiently, without my labour, and your trouble at this time. And they that are entangled with this vice, if they would refraine it as well, as they know it well to be sinne; they would not (sure) bee farre from the kingdome of heauen. My charge shall be to you, the other part called Couetousnesse, a desire of other mens; in latine alieni appetentia. And not of all that neither, as of vsury, theft, or vniust bargaines, by cheuance, practise, cosmage, or deceit, such as lawes doe punish and take note of. All these are likewise so manifest to a mans owne conscience, that he needes no other tutor, then himselfe to instruct him, nor yet an heauier iudge then himselfe, to condemne him.

My purpose only is to speake of one thing, and that is the desire we haue of too much, which is called superfluum; the vnstinted desire (I say) of more by much, then is ynough, or competent to our estate. And for this, as there is no law against it, nor can well be, but ones owne will; so the will is commonly in infinitum, if there be meanes to feede it. It is true, there is no law against this, and therefore we must be our owne law; the euill of it being as dangerous to our soule, as it is vnmarked: and yet we run on with it as moules doe vnder the earth, vntill we be catcht in a ginne, and lye sweating in our moulten mettall for it in hell, ere we be a­ware. God requires it therefore, that we should be our owne law, and that we be carefull herein. The nature of common [Page 3]good requires it. Charitie, and brotherly loue in that we be euen Christian, doth also require it, and challenge it at our hands. For otherwise how come publike weales to allow of priuate possessions; how doth God restraine his hand from the common good, to the good of a few; if he put not a trust in those few, as in his faithfull stewards, to dispence his bountie, and deuide it againe when they haue it; and to dispose it to his fellowes, as cause, or neede requireth.

Gods is the earth, and the fulnesse thereof. Psal. 23. Psal. 113. And when God made vs, he gaue it vs to liue of. Terram dedit filijs hominum. He gaue it not at the first to one, more then to another, but to the sonnes of men indifferently. And as he gaue them the earth, so he gaue them the fulnesse withall, that euery one might haue full ynough, and no more. And the earth is a large field, and was alwaies able to feed them all that liued on it, and more. And so common-weales began with equality, and equall distribution of outward fortunes, and none to haue more then other. Noe, Sem, Cham, and Iaphet, had all betweene them, and their posteritie after them. The Israe­lites had there partage in the land of promise per funiculum distributionis, part & partlike, as it is written in the Psalmes. Psal. 77. And that which they had thus, the law was so carefull to pre­serue equalitie, that they could not morgage, or sell the same, but it must reuert againe to them in the yeere of Iubilie. Euen so amongst gentiles a while. And when this equalitie was bro­ken, they laboured still to restore it, and reduce it if it might be, as by the practise of all estates throughout the world, and the consent of law-makers accordingly, it may appeare. Such as Bocharis, Licurgus, Draco, Solon, Romulus, all tending to this, to cut of superfluum in many, and to helpe pouertie in the most, who haue bodies as well as the best, and must haue maintenance as well as the rich, and are the Maior part of the common-wealth, yea the principall strength of the same.

For the taking away of extorsion, oppression, and misery in the multitude, and that all sorts might liue in comfort, and their Common weale happie, and prosperous; they laboured in the beginning to bring it to equalitie, thinking nothing so fit for their purpose, as that. And Licurgus herein went [Page 4]further then the rest, or else had better fortune. For in what estate hee left the Lacedemonians, in that they continued fiue hundred yeares after, no nation stronger, or more in­uincible then they. But when gold and siluer came in againe, which hee had vtterly banished; they lost both valour, and greatnesse together (as is noted by good authors) and they were no better then other men. When they fell to gathe­ring, and heaping once, equality was gone, and the strength of the Comminaltie was dissolued with anguish and care. For like as the streame of a riuer goes quietly away without noyse, and seekes the leuell without murmure, if it haue no shelues to trouble it vnderneath, nor narrownesse of the bankes to stoppe the course of it: euen soe it is with the streame of a common-wealth. The channell are the com­mons, or vulgar sort, who are easily mooued, and runne not euen towards their happinesse, if the bankes on both sides, which are lawes, and magistrates, stand not firme to them, and haue not care to keepe them in their ancient boundes, with paring and sewing them, as they ought, where golden sandes lye clottering in heapes to gull them vp.

Equality I must say had beene good amongst vs, if it were possible to holde. But it is indeede so like to heauen, that earth cannot holde it long. It hath such affinity with Angelicall perfection, that it will not well relish with hu­mane corruption. And therefore in vaine they sought to establish it in any worldly Estate. Saint Austine beganne a course of equality or community with some of his compa­nions, before hee was a perfect Christian; but it helde not long; his designe was dissolued. Euen so those Law-makers, they began well, but it would not continue. The sequell of subsequent ages tels vs, that they consumed themselues the most part of those great wise men, with vnprofitable labour. If mindes bee contrary, how can possessions bee agreeable? If affections bee opposite, how can effects conspire in equall tearmes? And yet I holde well with their ground, and most certaine it is, equality there must be one way or other, else no common-wealth can stand. And this equality I seeke for, which heathens could not, and we must finde, that are Chri­stians, or no people in the world.

A thing which our great master of conscience Saint Paul exhorted, and directed the Corinthians vnto, 2. Cor. 8. for disposing their abilities to them that were in neede, vt sit equalitas, that there may bee equality saith hee; as vpon occasion I shall tell you anon, when I shall speake of Superfluum. For there is a rule of conscience, which among the vertuous is instead of a law, and in liew of equality, and that is this; to cut away Superfluum in all men. Keepe your lands, keepe your possessions to yee, bee they neuer so great, or more then others haue; yet put your Superfluum out of your handes, and others are euen with yee, that haue lesse. Put not away what yee neede, but what yee neede not. Doe but imploy it well what yee may nôt holde, and all will be well. This way and no other, will soone make equality; euen that which our Law-makers haue sought for, and could not attaine.

The Spartans would haue all men bring in there money, Plut. in. Lycurgus. and to deuide it amongst many. But when rich men liked not that, they banished money quite; gold and siluer made no payment, but lumpes of yron in liew of them, fiue pound of ours in their new coyne, was a horse load. And as long as this held, there was equalitie; but when siluer came in againe, equalitie went out, and could tarrie no longer. The Romanes to auoide inequalitie, and extraordinary greatnesse in some, ouer other some, which they saw was by incroaching, and buying vp all, that others would sell; Liuie lib. 6. whereby some grewe mightie, and the greater part in misery; they made this law: that none should haue more then fiue hundred acres at once. For so much was thought enough for the best man in Rome to spend in his house by the yeare. The law was good, but it held not. And Licinius Stolo, that made it, brake it, lib. 7. and was in premunire for hauing a thousand. Their leges a­grariae also were without number, but their couetousnesse brake them. By Caesars law a will was not good, where no­thing was giuen in common; but this beeing forced, and in­uoluntarie, it came to little purpose, and the Emperour An­toninus was driuen to abolish it, and left it altogether to mens good willes.

Other countries haue other lawes to fetch it away againe, what others draw to them, and hold so fast when they haue. And those be, to rate mens possessions for contribution to the poore, and other publike charge, as they did also in Rome. Yet this doth but little good neither in most places. Rich men fauour one another, and conceale there estates; and so hardly comes any thing from them, and with so euill a will, that it can haue no blessing, and the poore especially haue little certaintie of it, but chuse rather to trie their fortunes abroad with begging, then like to attend an vncertaine cur­tesie at home. Many lawes might be reckoned in this kind, but none like the law of conscience, for true working, and benefite, both to ones selfe, and others; and to conscience it must be left, when all is done. Which law, because it cānot be done before it be knowne, and is most necessarie to bee al­waies in vse, and fresh in your memorie: I will open it briefely vnto you, and exhort you to it in the end; cra­uing nothing of yee for it in liew of my paines, but your best attention.

Diuines whom we ought to follow in matter of consci­ence; Heb. 13. ipsi enim peruigilant, these be they that watch for vs, and haue charge of our soules, that we may doe the best, or not the worst for want of instruction: they tell vs many things, that are good for vs to know, if we desire to bee se­cure of our safety, and profitable to others. They tell vs first, we must loue God aboue all things, and this not with loue composed of words, but inward, reall, and effectuall; breaking out per actum elicitum, as they call it, as fire out of a flint, by expresse word, or thought, that may testifie to our selues, our inward feeling. Some such touch had the Hea­then Philosopher, Plato. when he cryed out in a sweet admiration, saying: O ens entium, miserere mei, Haue mercy vpon mee ô thou maker of all things: as if hee had seene what hee in in the Canticles saw, Cant 4. when he said; All faire art thou my loue, there is no spotte in thee. Or what King Dauid saw in Io­nathas (which is by interpretation the gift of God) saying he was to be loued more then the loue of women. 2. Reg. 1. Psal. 6. Or when he saide in the Psalmes; How admirable is thy name ouer all [Page 7]the earth. And in another place: 2. King. 1. Psal. 6. Psal. 83. How inticing thy tabernacles ô my Lord: my heart doth leape to thinke on thee, and my flesh exults after my liuing God. When shall J come and appeare be­fore the face of my God: and such like. Some writers holde, that if a child doe dye after vse of reason, and neuer raised to God-ward any act of loue, either little, or much; he can hardly be saued. And their breeders are infinitely to blame that put them not to it. For if nothing on our part do bring vs to heauen, but loue; and this loue be so cold in a capable creature, as neither inward eie of faith can mooue him, nor howerly benfites can stirre him to loue the bestower; how can such a spirit aspire, where God hath to doe?

They tell vs next, we must loue our selues next. And in our selfe, are two things conteined. Our soule, and our body. Our soule we must esteeme aboue all creatures, and we must not aduenture the losse of it for ten thousand soules. Our third loue is to our neighbour, both body, and soule. His soule I must loue more then my life, and goods; especially if I be his pastour, and haue charge of him ex officio. His life also I mây preferre before my owne out of friendship, if not out of charity. And so I may loose my life for him, or in defence of the weake, or innocentbody; and this is a great vertue, but we are not alwaies bound to it. Wee are taught also, how to loue our parents, wife, children, & which more, if it come to be shewne, as in case of necessitie. There is a loue and care due to seruants, that they want no neces­saries; to masters that wee faile them not in our duty, or charge. They teach vs to loue our benefactours, both bodi­ly, and ghostly, and which more, if it may not be done to both alike. There is a iustice, and truth in all these. And it is not idle to aske, and know our duty in all. And yet these latter may seeme more curious then necessary; but I come to greater matters, and more neere to our pur­pose.

They shew vs further our duty to the publique, and where the common good is to bee preferred before priuate; and where it is in our wils to preferre it or not. And first for life, or member, if twenty doe assault mee, I may kill them [Page 8]all rather then be killed; so it be in my iust defence, and not against lawfull authority. And yet if a man be so charitable, they doe not deny, but he may suffer himselfe to bee killed, rather then kill. Whereof there haue beene noble exam­ples, though very few now adaies. And therefore men are deceiued when they thinke they are bound to kill rather then be killed. It is not so. They may kill, but they are not bound. Yea on the other side, if he that assaults mee vn­iustly bee a publique person, as the king, or any of his chil­dren, I am bound to flye him, as Dauid did Saul: but if he follow me so hard, that I must kill or be killed, I am bound to loose my life, and it lyes not in my choise. So of a Bishop, or some other eminent person, whom the Common-wealth cannot spare; if one boate will not holde both, I am bound to slippe out, and leaue my selfe to God. Yea they say fur­ther, if my life be sought maliciously in France, and I flye into England for succour, and there is like to be warres for mee, or breach of amity betweene Princes: although the State may not deliuer mee, for that were tradere iustum sanguinem; Yet am I bound to render my selfe to my ene­mies before publique peace should be broken, or any league in hazzard for mee. Such high regard must be had of pub­lique good, that a mans priuate is almost nothing to it. And with this we see how the law of nature concurres. He­sione was commended for it, and so was Curtius the Romane, for exposing themselues as they did; the one to bee deuou­red of a monster, the other to be swallowed horse and man in a gashfull pit, to stoppe the plague, that was then in their citty.

They teach vs also touching goods and possessions, or any worldly thing we haue, that tendeth to our being, or well being: they be all either necessary, or superfluous. Ne­cessaries a man must not be negligent to prouide. And it is lawfull for vs to loue them so farre forth, as we cannot bee without them, no more then without life. And these be in two sorts, as either necessaries of life, meate, drinke, warme cloathes, which euery one must haue, the poorest that is: or necessaries of estate that a man was borne to, or liueth in. [Page 9]As if he be a yeoman, thus; if a knight or gentleman, thus; if a nobleman, thus; and the greater the persons are, the more things are necessary, which to the inferiour are ex­cesse. And all these may haue a proportion in our loues. We loue a new hatte, or garment, a faire gowne, or hand­some cloake, or what else is fitting for vs to weare within our compasse or degree. Wee loue a good dish, and com­petent fare, proportionable to our meanes. And euery man knowes what is meetest for him, and best suting to his ability; euen that the ciuilest sort of his ranke doth vse with decency, and without ostentation, or incroaching vpon the rankes aboue him, eyther man or woman.

A great many delight, yea too too many in excesse, but such loue is naught, and vicious. The backe and belly haue made much worke for Parliaments, and Lawyers euery where. It is an old fault, and the Lacedemonians so preuailed against it, both for diet and wearing, that the subiect neuer excee­ded. The Romanes likewise had many lawes about expen­ces, called sumptuarie; as the Aemilian, and Licinian lawes, what they should spend ordinarily, and what vpon Calends, and festiuall dayes. By the lawes fannia, and didia, prin­cipall men were bound to spend but so much in meate, and no more, besides hearbes, bread and wine, and that must be of the same country, and no other. To say nothing of the Anthian lawe, that was made to barre suppers, and other lawes without number, which their outrage of excesse gaue occasion of. There was also the law Oppia for apparrell, e­specially for women, that they might not exceede in their settings out, nor be carried in litters. Yet Solon would not haue them walke the streetes in solemnitie out of coach; neither might they weare in their eare aboue seauenty graines. Their excesse ye must thinke was very strange, and monstrous, that caused these lawes; and there be many sta­tutes in our daies for wearing, but no reformation. I know no good comes of them, saue that they argue vs of our pride, and giue vs a learning what is fitte for euery one to weare. Other fruite I see none of them, neither force I much.

I speake onely of the law, that should be within vs, the law of a good conscience, which is, to know, and doe, and to cutte off excesse in all. It shewes a weakenesse of minde, and poorenesse of soule, that powres it selfe out so exces­siuely vpon outward vanities, and pride. For what is it els? they would be great, and are not great, they would bee Queenes, and are not Queenes, yet leaue no ornament for Queenes, but their crowne. I haue heard of a lawyers wife that came before Queene Elizabeth in a gowne, and kyrtle of needle work, set forth with strawberries, and pescods of silke, and siluer. The Queene asked her name; which when she had tolde her, the Queene laught at her, and called her Queene N. I cold giue our women some good examples to imitate, which were better then any lawes, if they will. But as the cause of this excesse is meere pride, and want of witte, so the nature of it is, to be worse for counsell. Them­selues would be all others patternes, and will haue no para­gon. Yet men should bee wiser then they, though womens doteries doe befoole them too much. For what women de­light in, they must weare, and draw women the rather to vnderpeere them. But my purpose is not to amend all in o­thers, that haue faults ynough of my owne to amend. Yet these things fall within compasse of my charge; and where they be, they must be amended betimes, or deerely paid for.

All other excesses, in hunting, hawking, feasting, and dis­portes, which haue little restraint by law, belong all to my argument; being as they are, Cupidities inordinate, and vn­doing loues, if they draw vs to much cost, and to wast our estates. The estate of all men is much regarded and fauou­red by learned Juristes, and Casuistes, and therefore they hold two or three things hereabouts, that would be noted. As first for almes, that although the precept be generall to all, for giuing to the poore, and needie, that are neere them: Yet this is onely vnderstood, if a man haue superfluum. It must be out of some aboundance, or ouerplus that a man hath. He must not weaken his estate with giuing; which if he doe, it is sinne. For if Charitie bids, yet iustice forbids, vnlesse the neede be extraordinarie: for vertues are not [Page 11]contrary, but complying with each other, if they be true ver­tues, and vsed with discretion. My meanes is a thousand crownes a yeere, and I haue wife, children and family to maintaine in frugall sort, not denying the reuersion of my table to the poore. This is my daily charge, and of this I may not diminish to giue larger almes. And if I go further, it is indiscretion, and vicious. Excesse in vertue is a vice, how much more in euill things.

They hold further, if I be in debt, or decay by losse, or want of some prouidence, which all haue not alike: I am bound to pay Creditors assoone as I can without notable impayring of my estate, and not before: and the Creditour is bound to stay for it, if there be no fraud in me or intenti­on to deceiue, nor need in the money lender; or if there be, yet they distinguish of neede. For there is grauis necessitas, and there is extrema. Extreame necessitie is of life; as if both of vs want meate and clothing, and I owe him as much, as will buy but one of vs our dinner, so as one of vs is like to starue; I am not bound to pay it him. For the vse of all things is common in extremities, and the law of nature they say must be prefer'd before the law of nations, and pro­pertie. Yet this case is rare, but in a siege, or famine.

The case of great necessitie (which is the other sort of neede) hath beene somewhat more common; as if creditour, and debtour be both in like danger of arrest, the one if he be not paide his owne, the other if he paie. Some say the deb­tour must paie, some say he is not bound. I thinke he is bound if he borrow it gratis, but this case also is not often, that both necessities alike should meete so iust. The com­mon case is, that the debtour cannot paie suddenly, and the creditour is able to stay for it. This is the case that troubles many, and wrings the multitude, as we see by daily exam­ples. All our learned hold, the creditour must forbeare, and haue patience, patientiam habe, omnia reddam tibi, Mat. 18. as he in the Gospel said to one that he owed money vnto, and because the creditour would not forbeare, he was deliuered to the tormentours. The Sauiour of the world might seeme to call it a choaking sinne, Tenuit, & suffocauit eum, he arrested his [Page 12]fellow, and choked him vp in a Iayle, and yet as his case was, he had some reason to doe as he did, and to importune his owne debtour for his owne, being himselfe in neede, and in danger to his Lord for a great deale more. But my purpose is not to proue my conclusions, which would aske much time; but onely to informe you of these verities; which your learned can instruct you in, better then I, if you be as ready to follow them in all your doubts, as they will be ready to guide you, and gouerne you.

Take heed I beseech you, and you cannot be too heedy of this kinde of sinne. For though lawes were made for the rich, and this was not alwaies law, that all extremitie should be vsed but hanging, for recouerie of debts; no cessio in bonis will serue but a mans flesh, and not a groat sometimes left him to releeue himselfe and a poore familie with; which yet the law of nature and nations prouideth for, that a mans person should not want out of his owne goods; and yet notwithstanding, I would not blame lawes or policie for it, if there were store of conscience in lenders, or if lenders would lend gratis, as they haue done: Yet remember still the old saying, that extreame right is extreame wrong. Is there no meane amongst Christians? For want of a Tyrant to raigne ouer vs, shall we tyrannize one ouer another, or haue power in our hands to do it, if we list? If our goods be in our hands, let vs vse them as we may; if they be out of our hands, let vs get them in as we neede; but let it be done with all Christian lenity; let no choaking or throtling be heard of amongst vs which will hurt our poore brother, and doe vs no good.

The Lord I spake of in the Gospel, Math. 18. had to do with a deb­tour, that was able to pay, yet gaue him day to make mo­ney: we deale with many that be nôt able, and haue nothing to helpe them with but their labour and paines, and yet we cast them in prison, take all their meanes from them, and al­low them nothing to keepe them. I said before, if there fault were fraud, fraus nemini patrocinabitur: there is no reason to spare them, that liue by practise and cosening. And yet we are not so scrupulous altogether, but that we may de­ceiue our deceiuer. If one steale from me priuily, or deceiue [Page 13]mee subtilly, or extort from mee vniustly, I will steale, and wring from him if I can, and doe him no wrong in it. ‘Fallere fallentem, violat neque ius neque gentem.’ Prouided alwaies, this bee done without scandall, and that we haue no other remedy at hand. But as the case of com­mon debtors is, that haue no fraude at all in them, and grow behinde hand not by riot or vice, but for want of heede, or best aduice; the difference is very great. All that shoote come not neere the marke. Some bee fortunate, but more are vnfortunate. Some their good nature hurtes, some their negligence, some bee ruled where they should not, and false hopes deceiue many, without either malice, or euill minde; and may rightly say by their outward fortunes, as Dauid said by his inward, ad nibilum redactus sum, & nesciui, Psal. 72. I am wasted and consumed to nothing, and was not aware. Yet such as these wee punish heere, as if they had cosened vs; and if wee durst bee so bolde, we would not spare the great­nesse of any man.

Wee are at losse by such I grant, but why then did wee trust? what hope of gaine drewe vs to it? or if not gaine, yet all things wee know are in aduenture; nothing certaine in this world. Wee loose by sea, and say nothing; we loose by land, and cannot helpe it; wee loose by friends and kins­folke many times, and looke for no amends; wee are sub­iect to losse daily, and more to losse, then gaine. And why haue wee not patience then with one that is poore, and not so wise in the world, or not so thriuing as wee? Wee are bound sometimes to pardon when wee can right our selues. Why forbeare wee not then, when reuenge will not right vs? For what is it else but reuenge in vs when wee bee so greedy? It is not seeking our owne by it, which will hardly bee had that way, and therefore what can wee make of such violent courses, but reuenge? and there wee bidde them lie till they rotte.

O let vs not stand so high vpon the ruffes of our fortunes, or coffers thoroughly lined: let vs not conteme our debtors, [Page 14]lest haply wee contemne our betters. God blesseth not all alike to the world. Who can tell what will betide the best of vs in time to come, or any of ours? Wee are no better then one of the sons of the Prophets in the fourth of Kings, who dyed in debt, cap. 4. and his children seized, and like to bee sold for it: and yet vir timens Deum, Hee was a man that feared God. It is no signe of reprobation to owe money, but not to pay when wee haue it. Mutuabitur peccator & non soluet, Psal. 37. The sinner indeede will borrow and not pay, and is worthily punished. But how many doe we know, and could name, that haue beene sunke ere now, and shrunke in their fortunes; which yet with liberty haue risen againe to giue contentment, and could neuer haue done it in prison?

If reuerend antiquity had foreseene the hardnes of hearts, and conscience that now is; they would neuer haue giuen way to such Lawes as they did, that one should tread another vnder foote as they doe. The person of a man hath bin much more precious of olde, then now it is, and still is in Spaine, e­specially if he be a gentleman. It was not subiect to restraint for debt, no not for debt to the king, but by later lawes. And though Emperours also had like law for recouering their debts with more speede; Baronius tom. 3. yet Constantine tooke it away quite, so as none could haue their persons touched but for felony, or contempt of maiesty, or magistrate. And thus it was in the best common-wealths that euer were, the Egyptians, the Athenians, Spartans, Romans, France, England, and o­thers. And the noble king Seruius Tullius, gaue a reason of it, who set the olde law on foote againe, ‘that creditours should goe no further then mens goods, and lands. For why should they loose liberty (said he) who preserue the common liber­ty with their liberty?’ And yet much ado there was about it after that, for the space of two hundred yeares. Creditors as they preuailed in credit with great men (which they did too much in our countrey, or in time of peace, when there was no neede of men) got lawes against debtors, sometimes to imprison them, sometimes to make them serue for their mo­ney. Liuie. 8. Which held a great while, till that foule matter fell out between the vsurer Papyrius, and his poore bondman young [Page 15] Publius, whom he had so torne with whips, and rods for not yeelding to his abhominable voluptuousnes: that the matter be­ing knowne, there was present order taken by publique de­cree, that none should be in prison, or in bondage againe to Creditours, for time to come.

I heare of some now adaies, whom we haue knowne of good merite in their time, some of them walking the streetes continually in danger of arrest, and some that suffered long imprisonment, fiue, seauen, tenne, and some twenty yeares for no greater fault then misspending themselues when they had it, and no man I see takes com­passion of them. Much better it were for them, to haue all their paines at once, and their Carcasse deuided amongst the Creditours, as of old it was among the barbarous; then so to languish in ineuitable misery, beeing stript out of all meanes. And what is this but reuenge vnder colour of iu­stice. They say nine hornets kill a horse, and two vndoe a man. That is to say the ale-wife and a baylife; or if he bee a gentleman, the vsurer and a sergeant. How much better is it in Scotland and Ʋenice, Holland, Flanders, and many other places, where men bee set free at the yeares ende, if they prooue vnable; and the Creditour in some countries beares the charge of the Prisoner. Better in Gran Cayre the head city of Africke, where the prison-keeper paies the debt, Leo. Afer. if he take in a prisoner that is not able. The roote of all this is extreame couetousnesse; which hauing lost the sword, would beate a man to death with the scabberd. Iustice hath denyed her the one, yet lets her tyrannize with the other as heauily as shee can. But I will proceede with our greater matters.

Two things more our pastours teach vs as touching our estates; the one is of our bettering it, the other is of our carriage in it towards the Common. In both which there is a great deale of iustice to be followed, and much iniustice is practised, that lies vnseene. And first for amending our meanes, they holde it a thing to be good, and lawfull, but that we are not bound to it. I holde it a sure way to bee al­waies mending it a little, if wee can, without abating our outward Countenance, or necessary charge. If it so increase [Page 16]and in such wise, as hospitality increase withall, it is com­mendable and vertuous; if otherwise, it is naught. It is snudging and niggardly and vnworthy a gentleman, or man of sort. And to this end I approoue their opinions, that spend but halfe in house-keeping; that is to say, in meate, drinke, and wages: and of the other halfe, by that time we be competently cloathed, and haue paid our duties to the King, Church, Poore, and other necessaries, to furnish and better our stocke, there will be but little left for much idle expence.

Neither am I forgetfull of children or of bestowing them when they come to age; which is also a necessary duty, and worth our care. Some exceede in it, and some come short. To giue great portions with one daughter, & little with the rest, is not as it should be. Some there be that straine them­selues ouer farre, to match them ouer high. I am no Solon. But out of the soueraignety that a man hath ouer his chil­dren, it were good he made two lawes to himselfe, and if they were binding, it were all the better. One is neuer to giue aboue a yeares reuenue with any daughter; and this were enough to marry them honestly, if not honourably. It is a sufficient proportion, if pride be not; but where pride is, a great deale more is too little. I would not haue them so strict as Solon, Plut. vit. or Lycurgus, who allow no portion at all for women, more then their cloathes, and some other necessaries. The other law should be for sonnes; neuer to pay the sonnes debt, that were riotously spent, hauing meanes sufficient allowed him, and such as he did accept. Or else the lawe of Claudius were good among vs, Tacit. li. 11 Suet. and the like was made by Ʋespatian, to auoide all bonds, especially of interest, which any should make, or enter into, who were at their fathers finding or liuing in house with him. This would be a great preseruation of houses, and a stoppe to young men for running riot; nor would there be such chea­ting vpon them as there is vpon presumption of payment. Good nature is against this, as it may seeme; but lesse good nature to ruinate ones house with vnlooked for leakage. Some prodigall child will be against me also. Luc. 15. But we reade [Page 17]not in Scripture that hee spent any more but his owne, his father paid no debts for him.

Increase of our estate is many wayes, and euery way vici­ous, if we looke not into it narrowly, and be not somewhat furnished with good counsell, and conscience. For auoi­ding of which danger, it is good for a man to informe himselfe of truth, and iustice in euery businesse; and he that flatters himselfe heerein, thrusts a sword in himselfe, and sets on fire his owne house, though hee liue not to see it. They that grow rich on a sudden, shall want blessing in the ending. Prou. 20. And it is very suspicious that they come not right­ly to it, vnlesse it be by merchandise, or offices. Land and mony can seldome doe it suddenly without wrong, and iniu­stice. It were wisedome neuer to purchase without store of Superfluum. It were charity to lend first (if the man be poore) before we buy his land of him. But we haue no precept for any of these. A man is bound to neither; and therefore I leaue it. Yet charity and iustice exact of vs, that we defraud no man of his full price in the purchase. Hee is driuen to fell; and when he hath solde, hee neuer comes to it againe. God forbid we should beguile him of aught, or make vse of him so farre, that instead of lending him, we should worke vpon his neede.

The learned make three prices of euery thing, which they vse to call summum medium, and infimum. The highest lowest, and middle price; each price exceeding other by one at the least for land: as if twenty be the most, eighteene the least; the middle price must bee nineteene yeares pur­chase. Heere they tell vs, wee are bound to giue him eigh­teene for his land: and no lesse; and the other may take twenty, and no more. I speake after the ordinary course of things. For times and circumstances may be; vpon occasion of warres, scarcity of mony, or fewnesse of buyers; and the contrary of these make it deare. Ordinarily, there bee two notable faults in buying and selling.

The one is in the buyer, the other is in the seller, and both proceede of griping, and couetousnes; and men must looke to answer for it in an other world, howsoeuer they [Page 18]doe vaunt themselues of their fortune heere. I speake of no darke matters, but what euery one may know, and shall haue no excuse for, when God shal one day charge thē with blood-sucking one of another. We are bidden to doe what we will be done to, Mat. 7. that is to say, wee must nôt doe, as wee will not bee done to. The law of nature teacheth vs, how abiect and base it is, and I may say vnchristian-like, to lye vpon aduantage as we doe one of another. Cap. 27. There is a saying in Ecclesiasticus: Qui quaerit locupletari angustabitur peccatis, Hee that striues to be rich, shall be pinched with sinnes. And he compares the buyer, and seller, to a poast in a stone wall that cannot stirre for the stones that sticke so close round about it: euen so (saith he) stands Couetousnesse betweene buying, and selling, that can hardly stirre any way for sin­ning, and pinching our brother. I pray thinke of it seriously, it is no idle thing I tell you of.

The fault of the buyer is, to giue but the one halfe for it, or three parts of foure at the most. Heere is a whole quar­ter purloyned from the owner. Hee denies not the profite of it, hee mislikes not the tenour, or assurance, or honesty of the seller. But his reason is, ‘I haue bought for twelue, I neuer gaue more then fourteene. A bad reason; I haue done naughtily, therefore I will not amend. I haue holpen to vndoe some, therefore I will vndoe more. But if hee wisht his sonne would sell so, he would not leaue him a foote. An other reason.’ He was as willing to take my mony, as I to giue it. True. And so it is with him, that giues forty in the hundred. A third reason. Land may fall to a low rate, but when? All the mynes are discouered, and set on broach to the world; people increasing, neuer more, and land they must haue of them that haue it. No warres likely, peace round about vs. And if they should sell againe, what they buy so good cheape; these would be no reasons. They will not sell for eighteen, that they bought for thirteene. But the true reason is, the sweet they haue by vnlawfull gaine. Ten in the hundred at the least, & most cōmonly interest, vpon in terest now grown so cōmon, & tirannising almost euery where without controle: that who is there almost that hath mo­ny, [Page 19]and will buy land, where he shall not see his mony again, in eighteene, or twenty yeares as hee must not, if hee doe iustly. Where contrary, the vsurer dubbles his hundred in seauen yeares all saue fiue pound, two shillings seauen pence. And in twenty yeares, he sees it fiue or sixe times double. His hundred is made sixe hundred, fourteene shillings, elea­uen pence. His thousand comes to sixe thousand, seuen hun­dred, twenty seuen pound, nine shillings, eleuen pence. And if it come in halfe yearely, or quarterly, it is more. But this is his rate and rule, or no bargaine with him. Hee is not in neede himselfe, and to'ther is, and must haue it at any rate, bee it neuer so vnconscionable. Banish therefore this mon­ster, or common-wealths worme, and twenty pound land wil be worth twenty years puchase I doubt not. Where vice reigneth, vertue sits without dores; and land beares no price, nor fishing to the sea shortly where vsury domineers.

The sellers fault is to take double for it if he can; thinking euery thing so much worth as a man will giue for it. Which is not so. The price of land is certaine within a little ouer, or vnder, as I said before, though it bee not so of stone and pearle. But the iniustice of this is, when I make a man pay for his commodity ouer and besides the highest price. It is worth but twenty at the most, and I make him pay thirty, or fiue and twenty for it, because it lyes handsomely within him, or is so necessary for him, that hee cannot bee without it: all that I take aboue the highest ordinary, they tell vs is vniust, and subiect to restitution. For I make him pay twice for it. Once for the full value, another for his commodity. As if I should make a sicke body pay double for a partridge; one for the value, another for the wholesomnesse of it. This must needes bee extorting, and vicious; proceeding alwaies of couetice, or malice, and yet is growne so common, that men will not heare the contrary. To this may bee added Monopolies, or ingrocing of needefull commodities into one or a few mens hands, to make them dearer. Likewise to buy or sell with simple or vnexperienced persons, who know not what they buy or sell, yet are no fooles. The rule is this. They may buy for the least of the three; and they may sell [Page 20]againe presently for the best of the three, and make gaine of it, but more then this will not bee warranted with good conscience.

The fault of both buyer and seller is this, that they ioy and glory in their doings. It is their daily study, and they take a pride in it. And what doe they glory in? Euen that which will worke them a great deale of woe. Happy is that man, that buyes as hee will sell, and sels as he will buy. This is the glory a good body should take; and not in pinching and pulling from his brother. Psal. 61. Mendaces filij hominum in statêris, There is complaint made to God of vs, what ill measure wee keepe to our brother. King Dauid calles vs lyars in our weights. We buy with one weight, and sell with another. Is this meant by none but bakers, and butterwiues thinke yee; and not much more by other matters, that sinke mens estates, and make them groane. Why should the poore bee defrauded a penny of the full worth, when if a rich man sell, hee will haue more then hee, by tenne or twenty in the hundred.

Aristides, who for his singular iustnesse was called the Iust; defined iustice thus: not to desire any thing that was another mans. So farre was hee from taking, or seeking; that he would not so much as couet another mans. And how farre are wee from this, who are coueting still, euen when wee cannot haue? Biblius was so afraide of this coueting hu­mour, that hee would not stoope at a purse, or any thing else hee found, for feare of beeing tempted. In generall it is good in buying and selling, to keepe euen betweene the pi­ous or least price, and the rigorous or highest price, as your Aristides will aduise you, if yee will aske. I will not per­swade you to do as Hermes Aegyptius did, a great wise man, both learned and rich. Some thinke it was hee that apologied for Christians to the Emperour Adrian. It is written of him, that hee would neuer buy, but he would giue too much rather; and would not sell, but hee would take somewhat vnder. The like wee reade of Quintus Mutius long be­fore him, who although hee were heathen, yet in compas­sion of the sellers neede, hee gaue them more for their [Page 21]houses or lands which hee bought, then they would aske.

If wee that professe Christianity were all of his minde, wee would busie our heads no doubt, with better matters, and more worthy of our selues, then how to make gaine still by anothers harme; neither doe I speake this to put scruples in your heads, which I am farre from, and I omit them of purpose. They be matters of great moment which I minde you of, and as much as your soules are worth; no lesse I say, then the breach of one whole commandement, the last of the ten, Exod. 20.17 Thou shalt not so much as couet thy neigh­bours goods, and this doth binde vs as much as the other nine. Howbeit, wee passe it ouer lightly, as if it were nothing; be­ing in very deede the summe and ground of all Iustice be­tweene man and man. In other precepts the act; here the desire onely is forbidden, as either to desire an other mans, who is not willing to depart with it, as Naboth was not; 3 Reg. 21. or to haue it for lesse then it is worth, as the Common case is at this day. And both these are directly against the Comman­dement, Thou shalt not couet. And therefore he that drawes from his neighbour in this manner, sinneth doubly; that is to say, in coueting, which is a sinne alone by it selfe, and also in acting, which is against the eighth Commandement.

It is also against the generall precept of louing our neigh­bour as our selfe, which euery man is bound vnto. For Qui non diligit manet in morte. It is damnation I say, 1 Ioh. 3. not to loue our neighbour as our selues. And who is he that thinkes he loues a man, and doth what he can to pull him on his knees? The learned tell vs, there bee foure degrees of loue, which if wee haue not, or haue none of them, it is a signe that wee haue no loue. The first they say is liquefaction, that is to say, Aquinas. 1. 2 ae. q. 28.5. a melting, or a relenting heart towards our brother. The second is a delight we haue to be where we loue. The third is a heauinesse to bee from our loue. The fourth is feruour, or a burning loue. And although it be not giuen to euery man to haue these three last, which are delight, longing, and fer­uency: yet none can loue without the first, or least degree, which is a relenting, or compassion ouer our brother, when wee see him in distresse, and sell for neede. Surely, if this [Page 22]bee loue, it is a congealed or frozen loue, which is contrary to melting loue. It is a colde loue, which is contrary to fer­uent loue. Yea, it is no loue at all; or if it bee, it is the di­uels loue, who loues vs to deuoure vs, and swallow vs downe his throat. What we giue our brother too little, would haply set him vp againe, and doe our selues no hurt. And yet wee loue him so, that wee haue no feeling in vs of the least com­miseration towards him.

Howbeit the corruption of the time so concealeth this iniustice from vs, and hath bredde such blindnesse in our hearts with continuall coueting, that it is now growne from a sinne, to a very disease. I know ye scanne vpon my words, and I doe not maruell. What? shall I not buy as good cheape (say you) and sell as deare as I can? nothing free­er then gift; if a man will giue mee his land, I will take it. But how many giue their land, that sell for neede? Ye may not deceiue your selues, nor bee Iudges in your owne case. I exhort you to repaire to them that haue skill. And this is the whole scope of my speech. Beleeue not me, but beleeue them at your perill. We will not robbe, nor steale, nor scarce tell money on a Sunday; and so long wee thinke all is well with vs. But wee will seeke a bargaine to day, that shall gaine vs fiue hundred, or a thousand to morrow; and this is iust with vs, because it is no vsury. How farre is this from the nature of bargaining, to doe as we doe. The very word of bargaining biddes vs barre gaine, and take but a penni­worth for a penny. The Merchant aduentures dangerously for that hee gets; but this man without aduenture at all, if hee meete with an honest man, and his Lawyer bee not a­sleepe. Yet thus much hee gets, and will get as much more next day if he can, by one bodies neede, or other. O where bee the bowels of charity, that we can sleepe quietly in our beds, Gal. 5.15. and our poore brother vndone by vs? Saint Paul cals it eating one another. The cry of it reaches vp to heauen, yet will it not reach to our eares. Yea more then this; men praise our fortune for it; and wishe it were theirs: and I shall not haue such fortune saith one; and I shall neuer haue such lucke saith another. A sweete peece of lucke; when we [Page 23]cannot rise so fast, but a hundred of others go down as fast. Haue care of it I beseech you; I giue it you in charge, that ye may not be vnfurnished at the counting day, nor others by your examples.

Now as concerning the things that are bought and solde; we must thinke the principal thing that is to be had for mo­ny, is land. Nothing more worth a mans mony, or more truely valuable, or profitable, then good land. Store of land makes great men. Greatnesse of lands makes kings great. Terra mater omnium, The earth is mother, and matter of all things. Whence comes all our sustenance but from crop, and vintage; whence our strength and complexion, but from maid-sweete in greene meddowes, and three leau'd grasse? bagges of mony will not bring foorth a rose; nor heapes of gold make cherries. And where goe we for shade in a par­ching day, but to the greene wood? where fetch we fire in cold weather, but from the same? whether goe wee to see our hawke flye, or follow our hounds, but to hill, and vale, and stubble field? galleries, and great chambers will not serue our turne. Land fils markets with dainties and neces­saries. Land furnishes the sea with shipping to carry out, and bring in. Fish is fatte with that comes from land, and the the foules of the aire, with all their variety, are homa­gers to land for all their feature, and food. If a man haue all the riches and Iewels in the world, what are they good for, but to buy land withall? when wee bee dead, wee shall need land, and nothing else but land. Abraham was rich of gold, and siluer; but gold, and siluer would not haue buried him, if he had not bought land for it.

Wee reade in Scripture when God would make his peo­ple blessed, hee promised them land; knowing nothing so great a blessing in this transitory world, as land. Psal. 9. Pulchritu­do agri mecum est saith he, the beauty of the field is mine to bestow. Land he promised them, and land hee gaue them, to euery one some, as I saide before. What possession is there, that yeelds vs thirty, sixtie, yea an huudred for one but land, by Christs owne words. And therefore I mar­uell not at Naboth in the booke of Kings, that hee par­ted [Page 24]with life rather then his land, though it were to pleasure a King.

And I speake not this, that men should loue land too much, or desire more of it then onely competent. Neither is any thing so good; but we must loose for God, or sell to pay true debts, that euery body may haue their owne. But to set land at naught, or to sell it with losse, and to spend it riotously when we haue done, in play or misrule, without order, or honesty, as many doe now adaies; is there witte, or grace in it? Is gaudy apparrell more worth thy mony, then land? Dice and cards if they were of gold, are they more precious in thy eye then goodly lands? will thy mi­stresse maintaine thee when all is gone; or is the soking vsu­rer more worthy thy patrimony, then thy fathers child? No. As nothing so worthy price, as land, so let nothing hold vp the price like land, if we will be good to our selues, or to the cōmon, as may be easily demonstrated. To be short, there wil be alawies some that sell. And it is free for all to buy that can; vnlesse it be crowneland; Church-land, or the poores. Thus much for the best possession, which is land.

Now for other things that are bought and solde; I must giue you to vnderstand, that there is in this no smal iniustice & ignorance abroad in the world. The ignorant make scru­ple where none is, for buying honours, and offices. And the Couetous make a tush at Church-lawes, if they prooue against sence and profit. Symony they dare not auouch, but to buy and sell aduousons, and right of Patronage, eyther appendant, or in grosse, or to extort pensions or anuities from incumbents, they thinke it no sinne. There bee also that will not buy a benefice; but they will giue well to ano­ther, that shall procure it them. To take a gratuity it is lawfull, so it be without pact; but to frowne at the gratu­ity, if it bee not bigge enough, is no better then Simony. To giue money for a spirituall seruice, otherwise then by way of almes to the poore, as for praying, preaching, christ­ning, or such like, it is holden abhominable; yet not vnlaw­full to giue or take for ones paines, and trauell in such busi­nesse; or to giue yearely stipends for weekely or monethly [Page 25]duties. For though no spirituall function bee valuable with price; yet ones labour and tye to it is.

Moreouer to with holde our tithe, as it is a sinne well knowne, and to take more then is due, is also very vniust; so doe I hold it very infortunate, and ominous to our estates (if I may so say) to bee niggardly in this duty, or to giue the worst we haue. For God must needes be sparing to vs, and pinching in his blessings, if we be pinching to him, and thinke all too good, that goes that way. And to speake my conscience, although in some sort against my selfe; I know not how two things be warrantable about this businesse, and yet are very common among vs. The one is in paying Cu­stome, or composition tithe, when tithe in kinde is worth twenty times more. For though tithe in kind were little more worth when such custome beganne, and the people fewer to bee taught; yet now, the world being risen to a higher rate, more people to be instructed, tenne, or twenty for one; the clergie likewise increased, rents, and profites also aised, and all commodities at the dearest; a poore pa­stour must haue no more but a noble or tenne groats, as he had then, for that which is worth at this day a great deale more. There is a maxime in lawe, that a custome to pay nothing is a void custome; and what is it then to giue little better then nothing; twelue pence perhaps for an angell, vn­lesse our Clergie had the priuiledge to buy all things for their mony at old rates.

The other iniustice is in paying nothing at all; and there be thousands that doe not. Men of trafique, art, and trade, rich, and thriuing, who haue neither corne, or cattle, nor fiue acres land to pay tithe for, if it be a house, it is all. A­braham paid it Melchisedecke of all hee had, euen of that which fell vnto him by spoile of his enemies. Heb. 7. Lib. 20. Thucid. lib. 3. lib. 5. Gen. 28. The like wee reade the Grecians did to their Painym gods, as Thucidi­des and Iustine write of the Spartans, Crotoniates, and Locri­nes; and Liuie of Furius Camillus, to Apollo Delphicus by the light of nature. Jacob vowed to God all manner of ti­thing, not of this commodity, or that, but of all he posses­sed. Not that a man should giue of that which lies by him; [Page 26]but onely of the increase, which comes of mony, or goods imployed in any lawfull negociation. Hom. 43. in Cor. Ser. 1. de domin. 12. 1. Cor. 3. For so saith Saint Chrysostome, who freeth not the very tradse-man, or artifi­cer, nor Saint Augustine the souldier or merchant from this bond of Tithe, if he get any thing by it, though it bee by nothing else, but by buying, and selling. For it is God who giues the increase of both alike, and must therfore haue his part in both alike. The law cannot say what this man, or that man gaines, and therfore leaues it to mens consciences. And they are called priuy-tithes, which many good men haue vsed ere now, and I lay no bond vpon you; but wish you to inquire of them that be learned; that you may not be found vnthankfull when yee shall bee summon'd before your grand benefactour.

Now for temporall offices, I am rather to note the vul­gar ignorance, then disswade any thing. When we see great offices bought and solde, which we cannot haue our selues; wee make a nodde at it commonly, and cry Omnia venalia, as if they were Church offices. Indeed where Iudges doe sell Iustice, and lye open to bribes, there is Omnia venalia. And so if they deny Iustice, or delay Iustice for mony, or if they be partiall, and accept of one person more then another, we may iustly say Omnia venalia. But there be two sorts of of­fices. The one of iudgement, the other of execution. This latter there is no question of, being meere temporall, and of profit certaine, and therfore valuable for mony, as house and land are. And such be all vnder officers of court, or of Iustice, especially if they be for life, or to ones heires. And many of these kinds are sought for, more for countenance and cre­dite, then for fee, or profit. For as Comines saith, some haue giuen so for them, Lib. 1. that they haue not seene their mony a­gaine in fifteene yeares.

Offices of iudgement also are in a sort valuable. For al­though the Emperour Seuerus were very seuere herein, and remooued them from their places when he came; yet it was rather for their deere buying of offices, which made them subiect to bribes, then otherwise. For when a fauourite of his did thinke to preuayle so farre with [Page 27]him as to keepe his office still, telling him that it cost him deare; yee therefore thou shalt loose it saide hee. They that buy deare, must sell deare. And hee would allowe him no more but one yeares profit, and away. The learned say it is not onely lawfull for the common-wealth to take money in such cases, but also necessary. Lawfull because they take it not for doing iustice; but for the profits belonging to it, which is the common-wealths to bestow, and which they may take to themselues, if they list. Necessary also for increasing the common treasury, which ought not to bee neglected, where lawfull meanes will affoord it. Yet so not­withstanding, that care bee had of a worthy choise, and mo­deration bee vsed, that they pay not too much for it; both in regard of their yeares commonly, which will not let them hold it long; and likewise of their charge, that they be not disabled by it, to giue countenance to their place, and to maintaine hospitality. Haply, the summe of two yeares pro­fit will not hurt them; and after that rate tooke King Hen­ry the seauenth of England, of the Lord Chiefe Iustice in those dayes, which I heare was fiue hundred markes.

Lastly for buying and selling honours, the question is not so much of the iniustice in bestowing, as folly in the seeking. And therefore I will giue it but a touch. Honour was ordai­ned for a reward of merit; and merit is either of act, or for­tune. If it bee of act; as for valour, or vertue; honour is due without money by iustice distributiue. If merit of for­tune, as fauour, birth, riches; it is no new thing to purchase honour or armes, as due to their fortunes, by iustice com­mutatiue. And this is called by Bartolus a ciuill honour, be­ing the Princes to bestow, where and when hee will, and vp­pon what motiue hee will, and for money if hee will, to en­able him the better for those that merit in act. Yet so not­withstanding, that the better the motiue is, the more ho­nour to the receiuer. The fault or folly is as I said, to seeke it without merit at all, or to wrong others that are better then themselues. The olde rule is alwaies true, Malo esse quàm haberi, and thus much for lesser honours. Of greater honours I say nothing. For as men are more in [Page 28]view of the Prince, whence honour comes; so better note is taken of their merit. And wee may not doubt but they are well deserued of a prudent Prince, wheresoeuer wee finde them to bee bestowed. But I leaue this matter, and goe forward with our dregges of auarice, if any thing bee to bee said else.

No doubt there is more to be spoken of, then I meane to trouble you with. Contracts for money, stocke, or cattell, let out together, or apart, are infinite. Wherin the learned discouer to vs much corruption, whether with sauing, or loosing the principall; whether with aduenture, or with­out, in nature of pawne, or morgage, or absolute, by di­rect bargaine or condition, or billes of exchange. In these and many other, are many shiftes, and deuises for profit extraordinary, which passe for currant daily, yet are vnlaw­full, and lyable to restitution. Wherein I doe not particu­larize, for holding you too long. But wee may know them partly, and shall haue cause to doubt them, and to inquire of them, by the greatnesse of the gaine; and ignorance will not excuse vs, when it is grosse. And two things make it grosse. One is if it bee like sinne, or extorsion for the exces­siue gaine: as to get a commodity for fiue, that is worth tenne; why should not a man doubt, and aske in this case? The other is when wee haue ready meanes to informe our selues by those that bee learned, and will not; but liue close, and worke by our selues. Wee aske our selues whether we bee able to deale with it or no; wee aske Lawyers for our title, and security. And where should wee seeke for the right, and iustice of it before God, but of Diuines? whom God calles his Angell by the mouth of his Prophet; Mal. 2. Ier. 18. and saieth, wee must aske his Lawe at their mouth; Et legem requirent ex ore eius. And wee should neuer aduenture vpon any thing that our Charity doubts of, without their coun­sell. Who are as ready at hand for our spirituall good, as others are for our temporall. Yet if it bee so that doctors doubt of the case, yee may practise whether ye will; though indeede the safest opinion be the best for vs.

If it please you to listen to them seriously, remembring [Page 29]alwaies what snares hang about you, as thicke as ycesickles in the chill of your Charity: beleeue me, ye will finde much good of it. They will helpe you in the very game you play at, that yee may not bee vndone by it. But they will not allow you to play away aboue the twentieth part of your commings in by the yeare. More then this they hold wast­full, or auaricious. Not that they know iust when it begins to bee sinne, but by some notable decay it makes in your e­state; and therefore will put a conscience in you to waste no more. If the twentieth part bee spent, there bee but nine­teene left. If another part, or t'one halfe bee spent, there is but so much left, and so much weaker yee grow to doe your selues good, or any of yours; and yee must come to sell land for it, which they will by no meanes allow. They holde it little lesse then damnable to play away such a deale in a night, as many doe; or to haue other ende of gaming, then for good companies sake, or passing away the time. And if yee intice one to play that hath no skill, or winne of a ser­uant his masters goods, or of a wife her husbands money, or of a childe that which is his parents, without consent or conniuence: all yee get thus, is none of yours, but must bee restored.

They giue vs a caueat likewise against Alchumy, or chy­mike art, for the knowne idlenesse of it, and the apparant hurt to mens estates, that haue followed it, and spent long time in it; whereof nothing hath come but smoake, and ex­pence, and fruitlesse effects. It is a wonder to tell, what gold and siluer it hath cost, to make gold and siluer, and how many haue bin consumed by it. Whether it were the charge of workemanship, or cosening in vndertakers, or Gods curse vpon the auaricious attempt, especially of late yeares, since common experience hath prooued it idle, and the censure of Diuines hath declared it sinnefull: which of all these is the true fault I know not. But if they bee true professours of it, they come to beggery in the ende: which our proui­dent pastours would not that wee should fall into. This art hath beene much vsed in the kingdome of Fez; Leo. Afer. where they were very skilfull both in making the Elixer, and multiply­ing [Page 30]of mettall. But they turned in the ende to coyning, and lost both their hands for it, by which marke they haue beene commonly knowne.

Two sayings more our learned haue to Lawyers and At­turnies, and all their appendants, vnder the degree of Iud­ges. For of Iudges and Clergy men I can say little, or ra­ther nothing. Psal. 81. They are Gods vpon earth. The one may say Si mei non fuerint dominati, Psal. 18. 1. Reg. 2.16 If I winke not too much at Ophni, and Phinees in my place; but haue an eye to their a­buses, that daily presse the poore subiect, tunc immaculatus ero, 1 Cor. 13.5 Then shall I bee vnspotted. The other, if they seeke not their owne, but the good of their flocke, both spiritually and temporally; what can wee aske more? But of Coun­sellors, and Aduocates it is required; that first, and foremost they take not excessiue fees, nor fee at all, but what they doe somewhat for. In a late Parliament of France, they were limited what to take, and no more: which thing so displea­sed them, that they gaue ouer their practise three or foure hundred of them at once, and men could haue no lawe for their money, vntill they were brought backe againe with a deuice. Lib. 11. It may seeme by Tacitus that the Romane Lawyer tooke no fee, vntill hee had wonne the cause. Which made them I thinke more carefull of their matters, and better stu­died. For their Clyents cause was now become their owne, and they would follow it no doubt, though their Clyent were asleepe. Neither durst they very easily entertaine a bad cause, for feare to haue nothing for their paines. Onley their fault was in taking excessiuely, hundreds of poundes for a see, and sometimes thousands, vntill they were stinted by the Emperour Claudius, to take but a hundred markes at the most, or thereabouts.

An vnworthy thing it is that Lawyers should neede Lawes. 1 Tim. 5. Dignus est operarius mercede sua. If they bee lear­ned, they deserue more, and their desert must bee answe­rable to their paines. I say no more but this. There be ma­ny of knowne conscience, and graue, of whom I would wishe the younger sort to learne conscience, as well as Law. But the second fault is the greater in my opinion, and that [Page 31]is their entertaining, and aduising of bad causes, or causes of smal moment. For bad causes, I haue known some learned men that would giue no counsell with vsurers, or bargaines of vnlawfull gaine. Likewise for slight matters, and trifling quarrels, that stood more vpon will, then reason; I haue knowne others, that would not be of counsell with such, nor take their mony by any means. But what the centumviral au­thority was in Augustus his time, to visit courts of iustice, and cull out all triuiall actions, and to force men to an end whe­ther they would or no; these haue practised before hand, that they might neuer come so far, as to trouble a court. Mat. 5. Blessed be the peace-makers. And this belongeth principally to men of law. So farre be it from them to waite vpon euery mans passion for a little gaine; and to boulster vp mens idle hu­mors with calumnious billes, and answers, and smothing of lies, more like to sophisters, then men of grauity; and all for what will yee giue mee. Hee that aides the euill in their desires, is particeps criminis. Bee hee counseller, or coursi­ter, Sheriffe, or sheriffes men, who execute for vsurers, or quarrellous busie-bodies: Your Deuines will tell you, (not I) that they sin as well as the parties, and are bound to restore.

The like may bee saide of executors to vsurers, and to wrong doers. They be subiect to restitution as the testator was, if they exact, or execute in right of his wrong. To you I may speake it; but to them, I doe surdo canere. It is in vaine to tell them of it; the world is become vncapable of this verity. And of all the multitudes that offend heerein, I can name but one that made conscience of it. For when they die, they leaue all to such as themselues, that will not part with a groat, howsoeuer it were gotten. Yet one I knew, who was executor to such a one, and refused to administer, but for mee. For I asked him whether hee knew what hee did, or no? ‘Or whether hee had not power in him now to right many? Right said he? Who can tell when all will bee righted whom he hath wronged. He is damned, if any bee damned, and I will not meddle with ill gotten goods. The more to blame you, (saide I) you speake not according to [Page 32]knowledge. How know you that he is damned, who dyed of so good a mind, as to make you executor, that wants neither knowledge, nor will to make all euen, that hee hath done amisse. And therefore I tolde him, he ought, and must, and so he did,’ and made such a restitution as hath not beene heard of in France.

I may not stand to vnrippe all things. Yet one thing more I may not omitte. The law of escheates is very beneficiall in this kingdome, both to king, and meane Lords, and re­quires in vs much conscience to free vs from iniustice. Our greedinesse after escheates is very sinnefull, especially vpon matters of life, and death. For in wishing the effect, which is felons goods, we wish the cause also, which is felony, or trea­son. Our pastours tell vs, it is not good for vs to take all we may by law. But as we be Lords, so much wee bee Chancel­lours, and haue our eye still at equity, and brotherly com­passion. He that will take all, is bound to keepe wife, and children sometimes more then his owne; or else prouide for them otherwise. For though their meanes be gone, yet they must bee fedde. I speake not of open sinnes in this kinde, as when a man shall prie into othermens doings, e­uen their owne free-holders, and tennants, for loue of that they haue, and not for iustice. The rule of Saint Augustine is, that when we be iudges ouer our brethren, we must con­dole with them. Congemiscat saith he, et ad pariter conandum seinuitet, Wee ought to sigh together with them, and to stirre our selues to amendment, by that in them was a­misse.

Much like to these are most informers, and promooters, who liue vpon forfeitures, and spoyle of others. I would haue them know their sinne, and saue their soules. I would haue them beeseruants of iustice, and not of cursed lucre. Their wages is commonly a third part, but they make it more then the whole many times. Worse then these are those who vnder colour of nullum tempus occurrit regi, Fall to searching records for olde attainders, and sleeping recog­nisances, to intitle the King, or themselues, and to trouble the subiect, so farre forth; as hee knowes not whether hee [Page 33]haue any thing of his owne, or no. But see their conscience. For I speake onely of the abuse. If it be so, that they find for the subiect, they say nothing. Luk. 3. The Scripture bids vs disquiet no man, neminem concutieritis, Liue not vpon thy brothers spoile. But what saith hê? I will not spare my father, if I can get by it. Non eris criminator, nec susurro in populo, Leuit. 19. Thou shalt not raise a crime, or a whisper among the people. Let them looke to it and inquire whether this bee not meant by them; Mar. 2. Luk. 5.7.15 Cap. 2. and whether these bee not the Publicanes the Scripturespeaketh of, when it ioyneth the Publican alwaies, and sinner together. A publican is called a Publicando, that is to say of confiscating; as we reade in Daniel, Domus ve­strae publicabuntur, Your houses shall be confiscate, and these be the instruments of it. Many Princes, when they haue come to their estates, haue laide their first animaduersion vpon such as these, and haue driuen them out of their Do­minions with many stripes. Herodian. Suet in Tit. Domis Titus moreouer to the ende there might be no vse of them at all, made these two lawes. One was, because there were many lawes for one thing, therefore if a man had beene sued vpon any one of them, he should neuer be touched for the rest. Another was, that if the ancestour were once dead, and a few yeares past, the heire should neuer be charged with old matters.

I could inlarge my selfe much further vpon this subiect, if I would open the iniustice of euery particular estate. But partly, they may all be reduced to some of these I haue spo­ken of; and partly are touched in the penall lawes of euery countrey, which are giuen in charge at assises, and sessions, for all men to take notice of, that will liue by a law. And therefore let this suffice to make you see your danger, and the neede yee haue to aduise with some body; and often to aske about your priuate affaires, be­fore your account growe too great, and your clogge too heauie, in the sight of God. And how doe yee know but these may be the secret sinnes, which the Prophet teacheth vs to pray that we may be clensed of; Psal. 50. yet cleaue so close to our loue, and are so warranted by the practise of the richer sort, that when we should looke at our fault, we [Page 34]looke quite ouer it, and cannot finde it of our selues? Igno­rance is the mother of sinne. If I haue brought you out of the one, ye may auoide the other with more ease. And thus much in briefe, for our priuate estates.

Now for our carriage towards the common, wherein a great part of our duty consisteth, and is much-what forgot­ten, or neglected: I must haue a word or two. Where I can­not forget that noble saying of Leonidas King of Sparta; that more we owe to our countrey, then to our owne life. As he approoued right well by himselfe, and all his actions. I haue tolde you, what your learned thinke belongeth to a good Christian: now heare what they say becommeth good citizens, or common-wealths men. That is to say such as are good to the common, loue the common, delight in com­mon good, and preferre the same before their priuate, as I will briefely shew you. Yee haue heard what they thinke of life; how little it is to bee regarded in respect of common well-fare. Euen so they tell vs of our goods, and estates, and giue vs one rule in stead of all; which I beseech you to marke whether it be not of God, and most worthy our fol­lowing. 2.2 ae, q. 26.3. Jn all worldly things (say they) which we are bound to wish to the common, and to our selues, we are bound to preferre the common before our selues. They do not say we may prefer; but we are bound, and sinne if we doe not.

Out of this rule comediuers noble conclusions, and fitte for euery man to know. I will remember you of some few in stead of many. I may preferre my selfe before the com­mon to this house, or that manner, because I am not bound to wish these things to the common. I may saue my owne horse from drowning before the kings horse, if other danger insue not, but losse of a horse. It is a common case to defende our right against the King in lawfull sort, and to hedge in our groundes from the purlieus, if wee haue right so to doe, though his game haue re­straint by it. Otherwise, it is of his house, or palace where hee dwelleth, which I am bound to defend with losse of my owne house in danger of fire. If my store­house adioyne to the publique granary, I must saue this [Page 35]before my owne. My single dammage must not weigh with the publike; I am bound to ruine mine owne house, to stoppe a fire from going further. All statutes and by-lawes made for common good, wee are bound to ob­serue. And there is a curse due to wilfull breakers, as is to them that digge vp dooles. Some thinke they satisfie with paying the penalty. But lawes were not made for the penalty, but for conformity, that all may draw by a line. Lawes intend not the punishment of a few, but the good of all. And therefore all that bee of one common-wealth, must haue one spirit, and the same the Law-makers had. They ought not to set light by lawes, nor break them as they list, so they bee not spyed. Yea more then this, we should rather worke our selues, and bee still deuising for common good, and for them that come after, though wee liue not to see it.

But it is a wonder to see, how crosse and contrary wee be on this behalfe. As if lawes belonged not to vs, when they bee made; or if wee keepe them, it is more for feare, then loue of the common. What a flourishing common-wealth should wee now haue, if lawes had beene as duely obserued, as grauely prouided. Or how would it yet flourish, if wee would yet begin, and leaue to bee children in this kind? Where one makes conscience to keepe a good law, twenty breake it; and then as good no law. There is none will take benefit sooner then wee, of a high way mended, or a bridge new builded, or repayred. But when wee come to contribute, wee drawe backe; or if they fetch grauell for it out of our grounds, wee resist, and sweare, wee will bee euen with them another time. How far is this from common-wealths-men, or good men either? I will approoue it, hee loues not God, that tenders not common good to his power. Aquinas. 1. 2 ae. q. 92.1. ad 3. Aqui­nas saith, (and other Diuines after him) Impossibile est quòd homo sit bonus, nisi sit bene proportionatus bono communi, Hee cannot bee a good man, that is not in good proportion to common good. That is to say, that rates not himselfe, and rankes not himselfe for common good, in proportion to his meanes. And our nation hath beene accounted most zealous [Page 36]in this kinde, though few care now, but for their owne time. Wee may learne of Moores and African merchants another while; Leo Afer. who I heare are so forward for common good, that wee scarce haue the like of them now adaies amongst Chri­stians. Yea who so opposite to God herein, as wee that be Christians?

Saint Paul saith, 1 Cor. 9. Omnia omnibus factus sum, I am become all things to all men. What would hee haue done if he had beene rich? Col. 3.11. Eph. 1. Hee that made himselfe common to all mens seruice, should not his purse haue beene common also to the common good? Christ himselfe was omnia in omnibus. And surely he that was so liberall of his blood, that all of vs haue part in it; would hee haue beene sparing of his goods to­wards vs, if hee had profest to possesse much? would hee haue preferred himselfe before the common, or taken from commons as wee doe, without amends to the poore? Wee are made like to God saith Leo, Ser. 2. that wee may haue in our selues a patterne how to imitate him; yet see how different wee bee from God heerein, who was all for euery body, and wee nothing for any body, but our selues. The very Sunne (I thinke) that shines to all, we would ingrosse to our selues if we could, and make rent of it. How doe we imitate Christ in this? and yet wee doe in this, as we doe in all. We make our selues strangers to his Lawe in all things. Wee carry his imitation in our hands to reade of; but wee haue it not in our hearts to make vse of. Verily, if it were no more, but for imitating of God, and of Gods knowne seruants; and though ability were not great in vs, yet our good will wee should shew in this duty, and our inclining that way in what wee can. The common-wealth should not bee so ready to aske of vs, as wee ready to giue. Common-good not so rea­dy to require our seruice, as wee ready to proffer, and per­forme, and glad that wee may stead it in any sort. And this hath beene the practise of our fore-fathers, and ancestours, that haue gone before vs, as by the publike workes they haue left behind them, and our Chronicles are full of, and euery towneship can giue testimony, it may appeare.

And this if wee cannot doe after the best imitation; yet [Page 37]me thinke we should doe it for our honor, and reputation, Lib. 5. de ciu. cap. 15. as Saint Augustine tels the Romanes did. Priuatas res suas pro re communi, hoc est pro repub. & pro eius aerario contemserunt, They despised their owne for the publike good, and com­mon treasury. And all their industry was, (if they were good) vt aerarium esset opulentum, tenues res priuatae, That their trea­sury might be rich, though their priuate were poore enough. And with this agrees Salustius in catelinario, and Ammianus Marcellinus in his fourteenth booke.

And the contrary of this, was base, and odious in those daies; especially in great persons; who should bee others examples, as that one instance may serue instead of many. Where Valerius Ruffinus was put from the senate by the Censour Fabritius, for buying eight score ounces of plate to his priuate vse. And thus it held (saith Saint Augustine) vntill corruption came in, and brought in with it the contra­ry, publice egestatem, priuatim opulentiam, Aug. lib 5. de ciuit. dei. cap. 12. Weakenesse of common treasury, and greatnesse of priuate estates. Heere began forgetfulnesse of God, and of his blessed imitation; forgetfulnesse of honour, and of all good order; which will not haue the head to stand at curtesie of the hand or foote; or the common to bee at the mercy of the priuate, vpon e­uery neede or occasion: but rather the contrary, as they that will reade, and marke, shall see; that the richer the com­mon was, the richer were euer the commons; vnlesse it were vnder Tyrants; and the richer that Princes were out of their prouidence, without cause of exacting, the richer were the subiects, or at the least, lesse wanting.

It is for euery ones good that the common good thriue; and for this good, wee bee all borne officers. No reasona­ble creature is exempted from this bond. His sword in time of warre, his purse, or other abilitie in time of peace. The poorest can haue no excuse, as farre as in them doth lye; much lesse they that be of meanes. Who although they be not so wholly for the common, neither is it required as the Romanes were: yet most pittifull it is, if not sinnefull, how hardly any thing comes from them, either for towne charge at home, or for the Church, or King. Touching all which [Page 38]as it were our part to bee so forward of our selues, as wee should neede no rating: so they that be learned holde, that when it comes to rating, wee may not hide our estates to lessen our charge, or to lay the more vpon others; which is a common sinne amongst vs. And when it comes to paying, it is done so vnwillingly, and vnreadily, as if they had mighty wrong in it. I knew a merchant of late, whose a­bility was inferiour to none, his good will was lesse then most mens. I haue heard officers complaine of him, how much they had to doe, and how often they haue attended him for a marke charge, and could neuer get it of him, till they were ready to distraine a fatte oxe for it, and then hee turned to his man, and bid him pay the knaues.

It is a shame to tell what shifts we make to put of taxes, and subsidies when they come, bee they neuer so needfull. Diuines tell vs two things about them. One is on the sub­iects part, a readinesse to performe. The other on the Tax­ers part, that it bee not out of couetousnesse, but of neede. And if of neede, yet it must bee regarded; that the burthen light not vpon the poorer sort, as the taxe of salt did, which Philip de Valoys imposed, making euery man pay as much as the rich. Or to lay tribute vpon country necessaries, which wee cannot bee without, or vpon seruants wages, or labou­rers earnings and such like. And if a taxe be doubtfull, whe­ther it bee iust or no, or not certaine, wee are bound to pay it, and the publike is to bee preferred (some say) though o­ther say no; that melior est conditio possidentis, as it is in o­ther cases of doubt, betweene party and party. But my pur­pose is not to trouble you with doubts, and questions. Ly­sten I beseech you to knowne truths, which learned men of the best, doe all agree vpon, and will resolue you in.

And because wee speake of publike estates, and priuate; it is to bee deduced out of the grounds aforesaid, that both common and priuate, are to attend their Soueraignes estate; beeing a thing the whole good of a kingdome dependeth on, as much as may bee. And therefore where they holde it dangerous to our soules, to haue much lying by vs, as I will shewe you anon: Yet otherwise in kings, to bee rich and [Page 39]well stor'd with treasure, it is both honourable and necessa­ry, & they can hardly haue too much. Nauar. Pom. Let They must multa pos­sidere, that must multa impendere, as one aduised Cōstantine. So manifold be the charges that presse them daily, so infinite the pipes, that sucke still, and drawe from their cesterne, to make it dry: especially in this age, and these times, when all things are at the higest; and the wisest that are, and that liue most prouidently haue somewhat to doe to keepe out of debt. Kings much more in their Chaos of occasions, which the subiect neuer feeles, nor thinkes of, vntill the Soueraigne bee in debt, and their aide bee required for contribution.

It hath beene an old prayer amongst vs; that wee may liue out of debt, and deadly sinne. But a vaine prayer, if our selues put not to it our helping hand, and the best in­deauour wee can. Wee are bound to pray it for our selues, wee are bound to pray it for the common. And particularly for the head of the comon. For soule businesse as I saide before, wee must preferre our selues before all men. And therefore my rule was, in all temporall good, wee must preferre the common. Peace and prosperity which are temporall blessings, wee must wish to the common, before our selues. Pouertie, and debt are temporall euills in all; but in Princes most intolerable. And therefore a kings e­state herrein must bee preferred before our owne, whenso­euer it happens. There, must euery mans hand, and heart worke together; there must duty, and loue contend which shall out-strippe the other; there must we apply our wittes, their our abilities, euen for Gods loue, if wee owed our Prince none. How much more if he bee mild, and clement, and one according to our harts, good to all, hurtfull to none. And in so doing, wee doe good to ourselues; the King of heauen will reward vs, though kings of earth neuer heare of our names.

And I speake it the rather to informe your consciences against this eating euill of the west. For it is hardly mat­ched all ouer the world besides. That which heathen prin­ces compell, and commaund, we haue much a doe to be in­treated. [Page 40]That which out of Christian knowledge wee are bound to offer, we make dificultie to be drawne to. That which our tenants doe for vs most readily, though it cost them their best cowe in their yard, to vphold their Land­lord at a neede; we thinke much to do to him, that is Land­lord to vs all. We should teach heathens obedience, and they teach vs. It is absurd to see how we bee haled to com­mon good. We were yesterday rich, and made our brags. To day when we come to be assest, we are poore, and make beleeue we haue nothing, or not a foote of free-hold; as one of the richest subiects in our nation I heard say once, when he was charged with a couple of launces.

‘O how sparing would such men bee of their bodies and blood (saith Boccace) if their country should need it, Lib. 25. that are so neere themselues in their worldly pelfe. They stretch themselues farre to bestowe their daughters magnificent­ly, rather then ciuilly, and to furnish a bride chamber for a Prince, rather then for a priuate body. They spare for no cost to set out themselues with sattens and silkes, their wiues with bracelets, an borders of gold, and pearle. Their horse with trapping, and furniture of the best. Their hawkes, and hounds shall want no cost of keeping, and manning, yet can they finde nothing for the common. Fooles, that we are, what will become of vs if the com­mon weale be in shipwracke? What will great kindred a­uaile, if the common-wealth faile? How will peace bee maintained, wrongs righted, or priuate good secured? Who will there be to giue vs iustice, Quis dabit iura, si publicum cessabit subsidium; Take away common aide and subsidie, and take away all owner-shippe from all men.’ Thus farre he, and more to like effect. It is absolutely against duty, and policy, to doe as we doe, and God will plague vs for both at once. That it is against duty, I haue tolde you al­ready, and if ye will aske your learned, they will tell you much better, 1. Pet. 2. regem honorificate. What honour is it wee doe him, or our selues, to deny him publique aide, or to shrinke in our heades, or to make such beggarly suites as we doe, to be discharged?

It is also against policy; for wee must allow them to bee Kings, and full of Prerogatiue. Both Gods law, and mans law giues it them. They are patriae parentes, and what the childe is bound vnto towards his parents, we are bound as much to our Princes, and they say more. And therefore if we forget our selues towards them, when occasions bring them behinde hand, and they are loth to vrge our vnwilling­nesse: can we blame them, if they doe what they can out of their prerogatiue Royall, to helpe themselues? In places where Kings haue no lands, yet they liue like Kings, by their prerogatiue: and if they haue lands also, yet they loose no prerogatiue though they vse it not alwayes, but at a neede. And moreouer, if subiects bee vnkinde, they spoile their Princes, and will make them doe many things, that they may, and would not; take all forfeitures and escheates, close their hands to all pardons and immunities, inclose for­rests, and chases, and all their wastes to themselues, giue eare to all informers, and promooters, that shall any way intitle them, and that which is worst they will make them sell and alienate the reuenues of the crowne: which is so vn­fitting a thing to a kings estate, that subiects ought to take notice of it, and make meanes rather for his releefe. Much lesse ought they to robbe kings, and pull from kings; espe­cially if they bee officers in any sort. It is next to sacri­ledge, and robbing of Churches, to supplant a King. A kings officer had neede to be one of his ioynts, if it might be. For nothing so consolidates the greatnesse of a king, as trustie, and true officers; and nothing soooner sinks the same, then to bore holes in his ship. Remember I forewarne you, if yee chance to beare office.

If a king be poore and vnable, can the subiect be secure? Is he not a prey to his enemies, and we with him? Or doe we not know by our selues, and our owne debts, how immense will his be quickely, if they be not quit betimes? Hee that sees a king in debt, sees but halfe a king, to that he is, and would be if he were free. His bounty is stop, his rewards stopt, and much grace stopt, that would flowe like baulme from him towards his subiect; and many a good thing vn­performed [Page 42]by him, that would helpe and inrich many. If a king be in plenty, all the care hee hath, is, that his subiect may haue also plentie. But if otherwise, all his care will bee for himselfe, and all the good a king can doe is hindred, or rather buried before it be hatcht. I cannot speake too much of the sores that doe ensue the indebted estate of kings. Our flourishing France had a costly tryall of it once or twise in my memory, and was in great hazzard by it, if timely ayde had not come. Her head-ach made her cry heartily, caput meum doleo, 4. Reg. 4. caput meum doleo; and if God had not helped her when time was, she could not haue beene raised againe with­out miracle.

Two great faults I note in the subiect about this affaire. One is an vnworthy tergiuersation, or backwardnesse in him towards the common good, with a base conceit he hath, that all is too much that goes that way, neuer reflecting vpon his duty to God, and his countrey, nor to the ease of those that bee not so well able as hee. Hee will lay all vpon his tenants if hee can, and haue all his rents come in cleare to him. And the richer they be, the further off most of them, as may bee seene by their carriage. The other fault is de­lay; where if that were done at the first, which must be done at the last, when it is growne double and trebble with linge­ring; it would haue beene much better; where now it is scarcely seene. Interest increaseth, and new charges grow, before the olde bee discharged; and by that time one sub­sidie bee paide in, two more will not suffice. Which puni­shes also the subiect more, then had hee drawne his purse wide, and cleared all at the first. And therefore I commend them of Ʋtica, when Julius Caesar came, and imposed a great matter vpon them, to bee paide at sixe payments in three yeares; they made him answer out of their loue, or height of minde, that they would pay all downe, and so they did the same day. Naucl. I thinke three hundred persons paide all.

Once well done, is twice done. But as matters be handled, tenne times done is scarce once done. Before the kingshould fell land, or diminish his estate; who would not make the [Page 43]hundreth part of his meanes, and giue it him downe, rather then make an euery yeares charge of it, as wee doe, and the king not much the better by it? And this would quit a mil­lion or two suddainely for once in a kings life time, and doe no man hurt. And how much better this, to giue part ra­ther then all, or halfe, or a third part of ones Rents, as they did to Ladislaus king of Boheme, and Hungary; and as in ex­tremity wê are bound, though God defend it should bee needed. But I haue read of the like in other countries; namely once in Rome, vnder the Consuls, Liuie. 26. Florus. Leuinus and Mar­cellus, when there was not a man from the highest to the lowest, who brought not into the treasury all his golde and siluer hee had; and left themselues little else, but what they wore on therr belts and buckles, and rings on their fingers. An other time, they of Marseiles did the like vnasked, Iust. 43. to aide the Romanes at a need, and left not themselues a peece of golde, either in publike, or priuate.

Neither is it fit for vs to iudge the State at our pleasure, when matter of burthen is propounded, our Soueraigne be­ing wise, and bearing conscience towards vs. They sitte neere the Sunne, and know what must bee, better then wee. They are wise, and more experienced then wee, and their part is in the burthen, as well as ours. It belongs to vs to listen willingly, and performe gladly. 2. Cor. 9. Hilarem datorem dili­git deus, God loues a cheerefull giuer, and blesses him no doubt accordingly. And the reason why our ancestours thri­ued better then wee, and liued more plentifully, Saint Au­gustine imputeth to this, Quia deo decimas, Hom. 48. de Sanctis. regi censum da­bant, Because tithes they paid to God, and tribute to the king. Others pay also at this day, but they doe it not wil­lingly, and God regards more what the heart doth, then what the hand doth.

And therefore whosoeuer bee Iustices, or Assessours on the bench; our loue and conscience must bee of the quorum. Let mutiny and turbulency finde no place with ingenuous spirits. Christ himvelfe made meanes to contribute to supe­riours for our example, hauing himselfe neither lands, nor goods. And so would wee, if we had but loue in vs. A dead [Page 44]horse is no horse; no more is dead loue any loue. And where should wee shewe it more, then to our Prince, in whom all causes of loue concurre together most commonly? Some weare their kings in their hat, some in a iewell about their necke, and wee set vp his picture in our eye where we eate, and drinke; we praise him, and set out his vertues, and run out to see him, and bidde God saue him, as if wee had neuer seene him before. Wee pray for him in priuate, and pub­like; and hee is all our glory till wee come to part with a­ny thing; and then the king knowes not mê say they; I shall neuer haue thankes of him, I haue children and charge, the king had more neede giue mee. Some say it, some thinke it, and wee see not who lookes on the whilest. Euen he that iudgeth both subiect, and Soueraigne, and will not suffer his annointed vnreuenged of any indignity. But I will goe forward.

I come now to your Superfluum I spake of. A thing that is not ill in it selfe, if men doe not loue it too much, and seeke it not so eagerly as they doe. I will tell you in a word what your Pastours thinke of it, and then conclude. The scripture bids you; Tobit 4. If ye haue much, giue much. Abundanter tribue. If yee haue little, giue little, but let it bee volenter, willingly. Christ saith, Mat. 25. we shall be damned for not doing some things. Which all the fathers vnderstand to be the workes of mercy, both spirituall, and temporall. The spirituall are compre­hended in these verses.

All which sixe, as well temporall persons, as spirituail, are bound to doe; especially the second, which is brotherly correction. No man may forbeare to admonish his neigh­bour of his offence, if yee bee not more likely to doe hurt by it, or bee likely enough to doe him good, and no body else will.

Which rule alone I must tell you, when I well conside­red; it made mee the bolder to aduenture on this daies [Page 45]charge, though better becomming other manner of persons then my selfe, if they were at hand. But beeing so that my happe aboue others hath beene heere to speake about such businesse; although I haue no cause to admonish, or touch in particular any one for the enormities aforesaide; yet by the way of praemonition I giue a brotherly warning to all, (as by this rule I thinke my selfe bound) that they fall not into the same. For according to this rule I finde it written in another place, vnicui (que) mandauit Deus de proximo suo, Eccl. 17. eue­ry man hath charge in charity ouer his neighbour. That is to say, either by preuenting euill before it come, as I doe now; or by correcting euill if it bee past, which I haue no cause in any of you. And this I holde to bee the chiefe, or onely spirituall worke, that all persons alike are bound vn­to. But as for temporall workes which was the other part of my diuision, wee are bound to more. And therefore for our better memory, they are put into verse thus.

All set downe by our Sauiour himselfe, but the last, Mat. 25. which is buriall: and all these or most of them wee must doe vpon paine of hell fire. Ite in ignem eternum saith hee, Goe yee in­to euerlasting fire. For yee visited me not, ye cloathed me not, &c.

Of spirituall workes more then I haue said, I say nothing; they belong to Diuines and Preachers; who are the best in­struments with learning, and spirit, to mannage our soules. Of corporall workes also I haue not much to say, more then of the instrument and meanes for them, which is gold and siluer; and which we either haue, or lay for more then they, and therefore are bound to doe them more then they. For there is not a corporall worke except that of visiting, but re­quireth some charge, and outward ability. Euery body can­not redeeme prisoners; yea who make prisoners but rich folke. An hundred dye in a yeare sometimes out of one pri­son, as many ready to starue without shirt to their backe, or [Page 46]bread to eate. Many are ashamed to begge, or to complaine and bring in their winding sheet when they come in, vnable to buy necessaries, and much lesse to pay debts. But this is their manner of redeeming prisoners, to lay them faster if they can, or to abridge them any comfort, that a prison may affoord. Let rich men and prison-keeprs take heede of this, if euer they looke to prosper with that they haue. For if any should perish thus through their wilfullnesse, it is murther before God; and if they want maintenance, they are bound by this precept to maintaine them. The rich men (I say) for deteining the vnable, if they think them so. Prison keepers for looking no better to their hospitalls; for euery Iaile is an hospitall, as well as a prison. And if begging will not serue, they must finde them bread, and drinke at least, or giue vp their office.

God will charge vs one day, that wee did not some of these things, which wee were able to doe, and had good meanes for. Ʋnicuique mandauit Deus, as I said before. And [mandauit] implies a duty. It is not as we will, but wee are bound to it; as it appeares by the penaltie which is laid v­pon it. Else why should wee be damned for not doing, if we were not bound to performe? I would haue you to vn­derstand these matters rightly, beeing the maine point of my this daies charge, which I haue, and am to deliuer you. Ye haue one notable errour amongst you, that if yee haue hundreds, or thousands lying by you, you thinke all is your owne, that is left at the yeares ende; and if the world doe follow you a little, yee thinke God loues you streight, and ye beginne to follow it. Then comes in hourding, and hea­ping, and loathnesse to depart with it. And this, because it is not vsury, or theeuery, and we come well by it; wee thinke it all our owne, when it is not. Remember that saying. Qui festinat ditari, non erit innocens, Hee that hasteneth to bee rich, Prou. 28. can hardly bee innocent. For eyther hee comes not well by it as hee should, or vseth it not well when hee hath it, or thinkes all to bee his owne, and forgettes his Stewardship.

We thinke all to bee our owne I say, and so it is against [Page 47]all men but God, and the poore. If the poore want, it is none of ours. Howbeit, such be the times, and so far be we growne from the true conceipt of this duty, that wee com­monly make but a tush at it. They knew it better in the primitiue Church, then now we doe; as appeared by the vo­luntary contributions, and often gatherings for the affli­cted, and them that wanted. They were called Collectae, and were paid most readily without long asking. But afterward as deuotion grew slacke, Bishops were driuen to send out their warrants to compell them to charity. And in these lat­ter times, there be temporall lawes to inforce vs to so need­full a worke. Wee are driuen to pay by the acre, and yet it comes full hardly from vs for want of true knowledge of our bond on this behalfe. Which necessary knowledge, e­uen so necessary as any can be, I would resuscitate as it were, and raise againe in our soules, and spirits, that wee may not perish for want of this loue, and pious affection. Which God himselfe not counselleth but commandeth, not requi­reth but exacteth, not aduiseth but strictly chargeth vs, that it doe not decay in vs, but bee alwayes burning.

Saint John saith there is no loue in vs, 1. Ioh. 3. if we haue the sub­stance of the world, and will see our brother want. Be­holde heere a flat iudgement against vs, and yet wee thinke our selues secure hauing store by vs, and will not part with it. We cân helpe, and will not, wee haue the substance of the world, and yet wee will see him want. Yee haue heard already, that whatsoeuer our profession be, wee must not be ashamed of the Gospell; our Glory must be in Gods holy word. We are biddē to loue one another. Saint Iohn the diuine of diuines saith plainely, Wee loue not, if wee haue the substance, and powre it not forth. And what followes then but losse of our soules. It is not I that giues the censure, but the written word giues it, and it will not be auoided. If wee keepe our substance to our soules, we loue not, 1. Ioh. 2.1. if we loue not we shall not liue. And this S. Iohn himselfe saith, he writes vnto them, to the ende they may not sin. What glory now in your superfluum? what glory in your abundance? what glory in your substance, if it be prouided you to damne you?

Let vs come now to our deuines, and best expositers. And see whether thêy will helpe vs? No. They sing all one song. The word of God is eternall, sooths no man, is subiect to no mutation. It was so in the beginning, and must be so to the ending. They tell vs first out of the prophecy of Scrip­ture, Mat. 25. that the poore we shall haue alwayes with vs. And there be reasons for it, besides authority. The first reason is natu­rall. For the poore come neerest the nature, and fashion of the first age, when all were in equality, all cladde alike, all in like businesse of husbandry, and bodily labour, without distinction of nobility and popularity, riches and pouerty, as was most congruent to the law of nature; and so haue con­tinued from age to age to this very day, the truest patterne of our primitiue estate, or golden world. And therefore we may not contemne them, Thucid. 2. or thinke their estate shamefull. For it is no shame to be poore (said Pericles) but to be idle, and doe nothing whereby to liue.

An other reason is the corrupt nature of man, who striues to drawe all to him, and would leaue his fellowes little, if he could. Like them that play at dice, where one gettes all with his fortune or falshood, and leaues the rest pennilesse. A third reason is morall, or politicall. For the poore are pro­fitable, and were it not for them, wee should doe our worke our selues. Also many of these be weake, lame, blind, aged, or sickely, and cannot worke. A fourth reason is supernaturall. For if there were no poore, there would not be such matter of charity, or such store of it, as there is dayly amongst vs. And charity is one of the Theologicall vertues commended to vs often in Scriptures, and without which we know not whether we loue God or no. For it is a notable signe that we loue God, when we loue the poore for God.

In which respect, not to deny the poore also their due commendation, and to acknowledge the good wee receiue by their meanes; there needs no other testimony of it, then the promised blessings belonging thereunto, out of holy writ. Psal. 40. Beatus homo, ‘Blessed is he, that lookes vpon the poore, and needy; God will deliuer him in the euill day. God will keepe him from his enemies, and will help him, at his houre [Page 49]of death.’ These be high benefits. And in another place, Pro. 11. Qui diuidunt propria ditiores fient. Loe here a temporall blessing also. They that distribute of their owne, shall be richer by it. And in another place; he that giues to the poore, Prou. 28. shall neuer want. Besides this, which is greatly for the glory of pouer­ty, Mat. 25. God makes himselfe free of their company when hee names himselfe among little ones, saying; ‘what yee haue done to these little ones, ye haue done to me. And what yee haue nôt done to these little ones (whom hee called needie before) ye haue not done to me.’

Verily, the poore in some sort may bee compared to a Merchants ship, that is kept most part vnder water. And the more ye put into it at your launching, the more profite yee make at your landing. Psal. 112. They are like a fatte soyle about a citty, called in the scripture, soyle and manure, the more siluer yee sowe in it, the thicker it comes vp againe. 2. Cor. 9. Esay 48. They that sowe in blessings, shall reape in blessings. The Prophet Esay compareth pouerty to a furnace of fire, because it dryes vp the marrow of a man with care, and thought, and scorches the very intrailes of him with extremity of want: this fire al­so, the more meate yee hang on, or lay downe before it, the better ye shall fare, when ye come to sit.

I say nothing heere of the good of poore mens prayers, which God is inclined to heare in all our businesse. Psal. 21 & 101. Psal. 10. Non spre­uit, neque despexit deprecationem pauperis, God despises not the poore bodies prayer. Oculi eius in pauperem respiciunt, his eyes are fastened on the poore. Yea as the poore doe liue by the rich, or should doe; so the rich doe liue by the poore, or may doe; that is to say, by their good prayers. For the rich giue earthly foode out of their aboundance: and the poore giue heauenly foode out of Gods ordinance; Luk 16. who hath made them our entertainers in his kingdome (as silly as they seeme heere) to receiue vs, and welcome vs to those heauenly tabernacles, when wee come there. Neither doe I speake what wee loose by them, if wee neglect them. Prou. 28. For qui despicit deprecantem, sustinebit penuriam, Hee that despiseth him that askes of him, what is his reward? hee shall come to be poore himselfe, he, or his in the end. Which [Page 50]I wishe with all my heart that euery good body would take heede of, before they come to make proofe of. The poore we shall alwaies haue with vs. And this is our first ground.

An other ground is, that this want of theirs must be sup­plyed out of our Superfluum. Luc. 11. Vers. 40. Luk. 3. ibidem. For it is written quod superest date, Giue of that which remaines to you ouer and aboue your necessaries. So, qui duas habet tunicas det non habenti, If you haue two coates, giue to him that hath not. Et qui ha­bet escas similiter, Doe the like by your meate, giue of that you haue to spare. And this is not a counsell, but a precept, as may appeare by S. John Baptist in the same place. Where if wee doe not these things, hee compares vs to a tree, that beares no fruit, and must therfore be cut down, and throwne into the fire. And which to preuent, he that hath two coates (saith he) let him giue one. And for this cause Saint Augu­stine tels vs plainely. in Psal. 47. Res alienae possidentur cum superflua reti­nentur, All that we haue more then enough, he saith direct­ly is none of ours. He chargeth vs in a manner with stealth, and theft, if wee keepe our ouerplus from the poore. So Saint Chrysostome, and Saint Hierome interpret the words God, and Mammon. Wee may not serue God and goods gathering (say they) more then wee neede. And pretence of neede will not serue. To the hourder also it was said, this night shall thy soule be taken from thee, Luk. 12. vers. 20. quia sibi thesaurisa­uit non deo, because he heaped for himselfe, and not for God; that is to say, not for the poore.

And yet in this, your pastours fauour you in what they may; and doe not tie you to the supplie of euery need, that occurres. For they distinguish of time, person, and place. In time of Scarcity, and dearth, more care is required, then when there is more plenty. For person and place, our country man must be preferred before a stranger, our kinseman before an other not of kinne, our owne parish before an other pa­rish, and this by law of neighbourhood, and vicinitie. And in all these, regard must bee had of them that bee of Gods housholde, or housholde of faith, before them that bee without, Gal. 6. by Saint Pauls own rule. Lastly they distinguish of [Page 51] Superfluum, as they did before of necessaries. For as there bee necessaries of nature, for keeping one aliue onely, with broken meate and patcht cloathes; and necessaries of estate, which are cloathes, and dwelling conuenient: so bee there also superfluous of nature, when a man hath more then will suffice nature; and superfluous of estate, and person, when hee hath more then hee hath present neede of for his estate, and person.

A poore man for example hath meate, and torne cloathes about him, but not to keepe him sweete, and wholesome; here is nature serued, but no conueniency. An other hath con­uenient cloathing and abode, but wantes worke, or meanes to set vp trade; heere is another necessity supplyed, but not the third, for he must not liue idlely. The first is most-what supplyed at euery mans dore out of their Superfluum of na­ture. And if they cannot supply it otherwise, they must make Superfluum, and eate lesse, rather then a poore creature should starue at his dore. The second is a great necessity al­so, and must bee supplied out of some little Superfluum of our estate; and some haue giuen their cloakes off their backes at such a neede, and haue beene greatly blest for it. The third which are ordinary necessities, they holde we are not bound to supply, vnlesse wee haue some store of Super­fluum. So as if wee haue more then enough for our selues, wee are bound to supply those ordinary necessaries in thêm, whom wee see, or heare doe neede. Idcirco te voluit abunda­re Deus (saith Leo) vt per te alius non egeat.

This is the doctrine which your learned vpon very good grounds doe holde, and teach. And when they speake thus of Superfluum or ouerplus, their meaning is of that onely which we possesse ouer and aboue that which is needefull to our most decent estate we liue in. All that, they say we can­not call ours, and it must not bee retained, but it must bee imployed in some good and pyous vses, or to supply the or­dinary wants of others. Neither doth this bond of ours a­rise they say, out of the necessity of the poore onely, as in almes it doth, where the neede is extreame; 2. 2 ae. q. 32. ad 5. but out of the very nature of Superfluum, and Iustice distributiue; whereof [Page 52]By this onely title wee become dispensers, because it is more then we neede our selues. And so much Saint Augustine in­sinuateth vnto vs, Tract. 50. in Ioh. both by the place aforesaid; and also in another place, saying: tibi superflua, domino necessaria. As who should say because thou needest them not thy selfe, they are God almighties, who hath infinite vse of them in his mem­bers. Many a younger brother borne to little or nothing, would bee thy champion, or beadsman, for a little of that which thou couldest spare. Many a poore gentleman decay­ed by losse, or misfortune, would hold vp his hands day and night for thee. Some ruinated house might rise againe by thee, and giue thee the stile of her founder, and rayser. Much euill is in the world, and many badde, courses attend good natures through onely want; which a cast of thy pittifull eye might easily helpe to thy eternall comfort. And if any of these workes bee too great for vs, hee will not aske so much of vs, but onely in proportion to our abundance; and by no other title, but of our abundance.

And it standeth greatly with naturall reason, if we marke it. For as the waters of Nilus doe ouerflowe, and diuide themselues once or twice a yeere vnto all the vallies, and meddowes thereabouts, to make them fruitfull out of their abundance; euen so it is where superfluum is, and where plenty ouerflowes the bankes of our owne neede, it is made for the leuelling, and making vp of lowe places; and poore mens wants either publike or priuate, are but channels, and trenches to direct it, and leade it where it should goe. And no doubt, but if God out of his Lordly power ouer vs, should but vse the ministery of an Angell about this so need­full a leuell; his iustice would fetch it out againe, as fast as we hold it, that euery man and woman might haue enough, and yet the owner neuer want it.

God did the like once, as we reade in Exodus, and it had beene our case right, Exod. 16.18 if Manna there had beene money, and and not meate. For he that gathered most of that Manna, had vse of no more, then he that gathered least; and he that gathered least, had as much as he. Wherein God shewed vs then, in a figure, what hee would nôw haue vs to doe with [Page 53]our money. He shewed it vs then indeede by miracle. But this miracle in the old law, Saint Paul would haue vs supply by conscience in the new law, to make this equalitie between rich, and poore, as I touched in the beginning. The thing which he requires of vs, is this, and no more; voluntas promp­ta secundum id quod habet, 2. Cor. 8.14 A readie will (saith he) accor­ding to that we haue. This is the conscience he requires of vs, and commands. And as it was with them that gathered Manna, He that had most, had not Superfluum, and he that had least; wanted not, Qui multumhabuit non abundauit, & qui modicum, non minorauit this is Saint Paules owne allusion: ibid. euen so it must be with vs. Our will is the miracle must do it, to make a leuell betweene the poore, and vs. Our readie will is it that must deuide it. Our compassionate heart must be Gods Angel heere, to distribute it, before it come to rust.

For as Saint Basill and S. Ambrose say very well; Ser. ad diui­tes auaros. Ser. 81. Aquin. q. 66 art. 7. If they that abound, were not bound, to bestow it againe vpon them that are needie, and poore; God were vniust in his di­uision of things amongst vs, to giue some more then yn­ough, and to some nothing, or lesse then ynough, when all had ynough in the beginning, and none had more then o­ther, but all was common. And of this minde I verily think, there is not a couetous man in the world but would be of, if he came to taste once what pouertie is; whereupon the learned argue thus: No man can say that God is vniust; therefore no man can say, that this is his owne, if it be more then ynough. Not that any man can take it from him per­force; for that were villanie, and theft; but that the owners are bound to dispence it, or dispose it, where there is neede.

Farre be it from God to be vniust. For though he giue too much one way, yet he makes it euen an other way; Like to a tender father, who leaues all he hath to the eldest, with charge notwithstanding, that he be a father to the rest, and that his brothers, and sisters want not: who notwithstan­ding, if they chance to want, and the eldest forget himselfe; yet the father did his part, and woe be to the elder. Euen thus it fareth with euery rich man. I see no difference. God [Page 54]giues a purse in his hand, and a precept in his heart with it, I was naked, I was hungry, I was harbourlesse, or friendlesse, and in a word, I was poore, and comfortlesse, and yee looked not at me. These be his yonger brothers, that must not want by him. And therefore looke what wee swell by Gods gift, wee come downe againe by his law. How much the gift rai­seth vs, the law curbeth vs. And many a worthy body in the world, hath beene most glad to bee ridde of the one, that hee might bee eased of the other. Like honest receiuers, and collectours for the king; who to quit themselues of care, and cumber, haue been content to loose their fees, and to resigne to others. Now what could God doe more for this equalitie but make a law? what can Princes and policie doe, but innact, and command. And if men will not obserue, whose fault is it? God giues not mans Law, but conscience-Law, the greatest binder that is. And we reade it euery day in our poore brothers and sisters forehead, that we may not forget it. And therfore if we will not do it, at our perill be it.

True it is, this law hath beene better knowne to our con­sciences then now it is, and yee should seldome haue heard of coffers, and bagges full, when one was dead. And good people would haue lamented, and wept ouer them that dy­ed so, as we are wont to doe ouer them, that kill themselues. Hence come so many vaes from godly people against rich folke, and hourders, that scrape, and rend, and are pittilesse. Hence groanes, and plaints of many a pious person for there friends, and kinsfolke, that leaue no better comfort behind them, then such a damnable signe. And therefore Saint James giues vs warning of it aforehand. Agite nunc diuites plorate vlulantes; Now weepe ô yee rich folke, and howle in your myseries, Iac. 5. which yee cannot auoyd. Yee heape anger against your selues in the latter day. And he telles vs the cause of this anger; which is keeping of Superfluum by vs. For thus hee concludes his inuectiue. The ruste of your golde, Ibid. v. 3. and siluer shall bee witnesse against you, saith hee. And how comes this rust, but of long lying by vs? Behold heere an other Iudgement against hourding. Yee hard an other euen now out of Saint Iohn.

A third iudgement may bee deduced out of Saint Paul; where he calleth it Idolatry to be a hourder. His words are auarus, quod est idolorum seruitus. Eph. 3.5. And I call this word aua­rus in this place an hourder in english, because it is meant by hourders, and Scripture hath no proper word for hour­ding but auaritia. Theft which is a kind of couetousnesse is called furtum. Vsurers are properly called Fenoratores; ex­tortioners are heere called Rapaces. Luc. 7. 1. Co. 5.11. Euery one of these hath his proper name but hourding; which is heere there­fore called by the generall name auarus, for want of ano­ther word. And to this interpretation S. Pauls comparison leades vs very fitly, when hee cals it Idolatry. For an Idoll is set vp and stirres not, no more does their mony. An idoll is commonly made of mettall, so is there mony of golde, and siluer. The keeping and holding of it is called heere Idolatry in respect of the much making of it, or hi­ding of it, as Rachel did, that none may come at it but them­selues. It is idolatry in regard of the honour done to it, which is due to God. For though they knowe it is not God, nor dare adore it for God; yet they loue it alto­gether, as they should loue God; that is to say, with all their heart, with al their soule, and leaue to God but a little.

It is called idolatry also in the other sence. 1. Reg. 5. For when God comes in place, the idoll Dagon fals to the ground. Euen so when grace comes, hourding breaks her neck. Then swelling bags begin to leake, and massie heapes fall in peeces. The mettal melts as the heart melts, till all be deuided into por­tions, & goe where it should goe. Some such examples there be of true repēters, though very few; but many more might be, if men were not made hard like mettall, with looking at mettal; as the Liuonians were turnd to wolues, with oftē ga­zing at wolues. S. Paul makes no better of these horders, thē excōmunicate persons. 1. Cor. 5. h. For he wil not haue vs conuerse with thē, nor so much as eat in their cōpany. They be rightly cal­led, auari quasi eris auidi, or mony gripers; auari quasi ama­ri, for their bitternesse toward the poore; auari quasi auersi, they turne their backs to a body, that lookes poore, and thinne on it. And yet because they wrong none in getting, [Page 56]they will not see their fault in keeping, and are in danger therefore of damning.

Howbeit, Gen. 14. there is none of these iudgements, that euer touched holy Abraham, who was diues auri, et argenti. For he kept a great house, and releeued many with it. Three hundred and eighteene the Scripture speakes of, that were fighting men, besides women, and children, all bredde and brought vp saith Josephus in his owne house. lib. 1. ca. 11 1. Par. 28. These touched not Dauid, who heaped such a masse of treasure for the house of God, which his sonne was to builde, and he might not. These hardly touch Princes, or noble men of great ex­pences as I saide before; nor Magistrates, or Prelates, who haue great riches, if they be good men withall, and as rea­dy to poure it out againe, as fast as it came in, to the reliefe of many. Neither touch they any other, bee they neuer so rich of Gods blessings, so they be humble withall, and thin­king store to be a burthen, will take aduise, and be gouer­ned, where they ought, and are directed.

If a man haue a yeares reuenue lying by him, the mat­ter is not great, and it may be fitting for him. But to haue many yeares gatherings moulding by him, I neuer yet heard or read of any good man, but one; and him it neuer did good either dead, or aliue. And that was Narses, Gene­rall to Justinian for the west. Hee is touched with no fault but hourding. For he was otherwise a man both humble, and valiant, and no badde man to the poore. Hee left so much wealth in a cesterne vnder ground, that it could not be carried out in many dayes after it was found. But the Emperour made a good worke of it; for hee gaue it almost all away to the poore. And therefore I commend Belisari­us much better, who was the other Generall for the east at the same time, and sawe the bestowing of his hugeriches himselfe vpon such as were of desert, and other pious vses, and hospitals for the poore. Our nation and countrey also hath beene, and still is as much beholding to such benefa­ctours as any; and their names are memorable in townes, and citties where they abide. But especially those I say, that doe what they will doe in their life time, and not [Page 57]at their death onely, when they can holde it no longer themselues.

This argument (my good friends) may seeme as to you, but vaine, who I know are little troubled with this kinde of sinne. And yet ye haue good meanes when ye come home to rise and raise good fortunes. But the due consideration of tempting riches of the one side (which wee must dearely answer for if we haue them) and of pinching pouerty on the other side, which but few care to comfort, or affoord a good looke on; doth teach vs to pray thus, Prou. 30. and it ought to be al our prayer. ‘ Diuitias et mendicitatemne dederis mihi, sed tantum victui meo tribue necessaria. As one should say, Lord let not me be rich, nor clog me with Superfluum; neither let me be in beggars estate, nor distract me with want, or mi­sery, onely giue me necessaries, and I aske no more. If ri­ches come, I haue but an office of charge by it, and more care I must haue to bestow them well, then haply they be worth. If I be poore, I cannot pray quietly for thinking of my wants. Giue me a meane therefore betweene both (Lord) that I be not tempted to deny thee (as it is said) in the same place,’ ne illicear ad negandum. ibid. vers. 9. And it may bee I shall deny thee with hourding, if I be rich; or with stealing, if I be poore.

And thus when our Pastours teach vs, we must not think they ieast with vs, but shew vs the right way we must walke to dye securely. There calling is to know what is good for vs better then our selues, and what is right and equity in all things. This law of conscience I say is it, that makes all euen, which neither Solon nor Lycurgus euer knew of, to imprint in mens mindes. And which if they had, or that the Spirit of God had come within the element of naturall vn­derstanding; Philosophers, and Oratours would haue vrged vs to this, as well as they. And yet many of them haue pra­ctised the very same, in their course of life, iust as ours doe teach vs. They contemned riches, or poured them out when they had them, content with ynough and no more. Such as Crates, Anaxagoras, Zeno, Philoxenus, and all the rest almost; not one of them rich, or that sought after it. [Page 58] Demonax would take no care for meat or drinke, but when he was hungry he went in, where he saw the next dore open, & took a pittāce. Your excellent Poets, Homer, Ennius, Plau­tus, Martiall, and others, who had wits to command riches; yet were they poore men, content onely with inward content­ment, let outward things go. And to come neerer our word, Empedocles thought nothing more Honorable, then con­tempt of Superfluum. The same said Chilon one of the seauen wise. Possesse no more then yee neede said he.

And of this opinion might seeme to bee the greatest worthies, almost that euer were, if they were not ouer am­bitious. Such as Cimon of Athens, Phocion, Aristides, La­machus, Epaminondas, Fabritius, Menenius; who either refused alwaies what was giuen them, or deuided their mas­sie spoyles amongst there countrymen that wanted; and left not many of them so much as would bury them, but were buried at the common charge. And among these, E­paminondas aforesaid, I know not whether he were a grea­ter Souldier, or Philosopher, but we finde him a great louer of pouerty; one that would neither borrow of any, nor take of gift, except it were for others neede. Hee thought most basely of couetousnesse, or hourding; and saide so vile a thing as it, could neuer take such roote in vs, but by ill education. ‘Hee giues vs also a medicine for it. The same (saith he) that is good against raging lust. Let vs barre our selues sometimes of lawfull pleasure, and we shall auoide vnlawfull the better: euen so said he of Couetousnesse. We must forbeare lawfull gaine sometimes if wee will not bee tempted of that's vnlawfull. Wee must not bee alwaies li­stening after bargaines;’ which if we bee, he held it im­possible to be iust, and vertuous. And by this meanes hee brought Pelopidas the Duke of Thebes, a maruellous rich man, to be a great contemner of riches, and an imbracer of pouertie. Whereby he raised many worthy men, and relee­ued numbers that wanted, and made the common to flourish out of his superfluum, although he had children of his owne.

Such an other was Scipio the patterne of all militarie prudence, and honour; who had the treasure of many [Page 59]nations to dispose of, yet left no more when hee dyed, then three and thirty pound weight of siluer, and two of golde. Yea what left Pericles behinde him, more then what his father left him, notwistanding his forty yeares greatnes among the Athenians? What left Cato minor? what Pho­cion, who might haue beene the richest in Athens, if hee would haue taken what was offered him by Alexander, and others? But hee would not, no not so much as for his chil­dren, or family. And I haue heard the like of an English Chancellour, who out of all his offices, and superfluities that had passed his hands, he made vp his hundred marke a yeare (which his father left him) but an hundred pound to leaue to his heire. I say nothing of Plato, Plutarke, Seneca, whose workes are extant, and breath out nothing but contempt of that, which wee striue to rende so much one from another.

What should I speake of the Tuberones in Rome; all gentlemen of a noble house, but decaied; yet liued most con­tentedly sixteene couple of them together, vpon one lit­tle farme, with much pouerty and paines taking, and neuer sought for more. No more did Marcus Regulus, or Quin­tus Cincinatus; the one content with poore seauen acres to keepe his wife and children with; the other with foure; nei­ther cared they for more; & this with good husbandry they thought sufficient. To whom I could adde a friend of mine at this day, a younger brother of the best gentlemen in our countrey, but of small meanes. It would doe one good to see him vndergoe so merrily his great charge of wife and chil­dren. He was driuen to doe all things almost himselfe. He was their Cater, Nurse, Chamberlaine, Schoolemaster, and whatsoeuer else was to bee done, hee did it, either within dores, or without. His onely study was, and a worthy study, to play the good husband, and keepe within compasse. But I returne to my matter.

Against this doctrine, which Diuines are so cleare in, ye will obiect, that there is no such bond as I speake of, for gi­uing to the poore, because ye are not bound to bestow those things on your selues; and therefore much lesse to giue to others. Yee grant it is good to giue, but yee are not bound. [Page 60]I answer, the consequence is false. For although I may be bolde with my selfe, yet I may not bee bolde with another. If one owe mee money, I may refuse to take it, though I neede it. But if I owe to him, I am bound to pay. Also I may refuse to eate if I will, but I may not deny my seruant to eate. Againe, if my selfe be defamed, I neede not alwaies stirre in it. But if I defame another, I must right him. And therefore that argument holdes not.

Yee obiect againe, if that bee true of Saint Austine, that wee may not keepe Superfluum, then also we may not get it, nor receiue it: but wee may receiue it, therefore wee may keepe it. I answer. The case is like waifes, and strayes, which belong to the Lord against all men, vntill the owner come to challenge them; and then they bee none of the Lords. Euen so it is with Superfluum. It is our owne, and wee may take it, keepe it, and prouide more vntill occasion doe come to imploy it, and no longer. And yet it may bee also, that we are not bound to seeke occasions, Gen. 18. as Abraham did, who went abroade to meete strangers of purpose, and to bidde them come in to eate and drinke with him. Or as they of Emaus did in the Gospell, Luk. 24. who compelled the traueller to goe in and eate with them. And yet God so blessed them for it, that hee made them worthy to talke with him face to face: the one with the blessed trinity, as some expound that place; the other with Christ glorified, as wee reade in Genesis, Gen. 18.13. Luk. 24. and in the Gospell of Saint Luke.

Lastly yee obiect, and yee will not bee answered, but tell mee I speake against my selfe, and against nature. What (say you) are we not neerest our selues? Haue we not wife and children to prouide for, which God hath sent, and wee must keepe, and leaue behinde vs so prouided for, as may be answerable to our estate, and honour? Is it sinne to gather and lay vp for them, which will not bee without care; and care will not doe it, if wee bee so charitable, as to spend it as it comes in? Is it a sinne to purchase, build, or amend our estates? Indeede I must confesse, I spake euen now of bet­tering our estates, rather then abating; which cannot bee well done, but out of Superfluum. For to borrow much for [Page 61]it, will prooue diminishing instead of amending, as my selfe haue tryed to my cost ere now, when I was so wise as to leaue my estate to others wits, and fortunes, while my selfe had more minde to higher studies. But to satisfie you fur­ther in this point, I should referre you ouer to your learned masters, 1 Pet. 3. who are parati ad satisfactionem omni petenti ratio­nem. It belongs to vs to beleeue, and not to dispute. I am no Diuine, but onely an instructed Christian, as you and all may be, that will aske, and learne.

Howbeit, if yee will take such satisfaction as is to mee satisfaction; it may please you to accept it, vntill a better come. There bee many iust occasions of spending our Su­perfluum besides the poore. I will giue instance onely of a house; which a man may want, and were no more then fit­ting for his estate, but hee hath it not. They hold it a sinne to weaken his meanes, and sell much land for it, as it were to make a rich coate for one that lyes a dying, or is sicke of a consumption. If his Superfluum will doe it, he may doe his minde in it. Many poore shall haue worke, and reliefe by it, and if hee keepe a good house after for the poore, and not a shew of a house, for the world to gaze on, as some haue done; his conscience will bee the better satisfied, and the world in him, that God is not forgotten, but hath his part in it.

There is no question made, but a man may purchase what hee will out of Superfluum, so the lawes of loue bee kept to his neighbour, which I spake of before. Hee must not gripe him by no meanes, nor worke vpon his neede, but giue him the full worth. A gentleman stands in more neede some­times then a poorer man in shew. And it may bee a deede of charity to buy of him, if lending will not serue. And wee shall neuer be charged with it for hourding. But I must tell you more what they hold, and it is a caueat to all purchasers. They must not put themselues vpon the taint so, as to shut vp doores, or abate saile for it a yeare or two after; but the more they purchase, the more they must spend, either in their house, vpon increase of an honest retinue, or vpon the poore elsewhere; fiue persons more for euery hundred [Page 62]pound land purchased, were not much. If Crassus had gotten it as well, as hee spent it well what hee got, hee had beene a right good man. Hee kept a Legion some whiles together at his owne charge, besides other good workes of his. How much more should Christians doe the like. They may pur­chase warily; but they must spend it liberally. They may heape, but not hourd; like, but not loue too much. And the greater meanes one hath, the more in store for them that want.

They bee misers that purchase, and spend no more; lur­chers to the common; they abuse the law of Superfluum, and the blessings of God bestowed on them. Yet how many bee there of these that wee could reckon; who liue at the same rate now, as they did many years since, when they could not spend the tenth nor twentieth part. They keepe neuer the more seruants, set neuer the more on worke, feede no more mouthes, giue no more to the poore, or contribute to the common much more then they did. And what a world should we haue, if there were many rich, and euery rich man should doe so. Either men must perish, or seeke some where else where to dwell. Wee may iudge of a whole countrey by a little countrey towne, of fortie, or fifty houses, with land to them all, and one man buyes them out, and dispeo­ples the village. What becomes of the poore the whilest, who liued there wholly vpon reliefe, haply ten, or a dozen? No doubt hee is bound to keepe them, out of his increase. They must bee part of his purchase, or appurtenances; yet will not spend two pence the more for it, but postes them o­uer to the shire, if he can, to begge their bread. Would not many such townes in a countrey consume a countrey? and is it not happy that prouision was made for it betimes in later Parliaments? Deut. 15. Let there not be a beggar amongst you, saies the Law of God. And there is a blessing annexed to it from Gods owne mouth. As who should say, Diuide your abundance among them, euery one in his tribe, ward, or pa­rish, that there may be no beggar, or vagrant person among you. For without this diuision, there will be store of them, and Statutes will not serue the turne.

I assessed therefore euery hundred pound a yeares in­crease at keeping fiue poore bodies, or setting them on worke, besides his houshold. Whether I exceede or come short in this reckoning, I must refer it to your iudgements, and experience. Our doctours intermeddle not so farre, but leaue it to mens consciences, so they make a true conscience of it. But if ye thinke that I grate too much vpon you; Deut. 32. Me­mentote dierum antiquorum, call to mind the ancient daies, when there were not such store of poore, as now therebe to bestow their superfluum on. But in lieu thereof, what a nūber of Churches, & Chappels were then built, euery three miles walke doth testifie; besides Bishopricks, and houses of reli­gion, free-schooles, hospitals, bridges, almes-houses, & other works of charity euery where to be seen, with lands to most of them all. Which if it be well pondered, and how largely they powred out their superfluum in those daies; the propor­tion I speake of, will not seeme great to make vp this equa­lity. It is hard to make a rule in this busines, if conscience do it not. But very probable it is, if a man spend halfe his reue­nue in hous-keeping, & among the poore, and leaue nothing of it at the yeares ende, hee will haue little to answer for in that; and the remainder will not be much. But not to spend halfe that way, not a quarter, not a fift, or a tenth part, as many doe not; thât they hold to be execrable in the sight of God, and intolerable in a common-wealth.

Neither is their any sence or husbandry in it, to hord & lay vp for children, which made such a flourish in the contrary argument at the first. There is no sence I say, for the portion will not grow bigger with locking vp. Not good husbandry, when Scripture it selfe aduiseth vs to put it out to bankers or other lawfull gaine, and not to hide it or dig it into the ground; Mat. 25. Opportuit te committere pecuniam meam nummularijs. And so no doubt it would bee both surer to them that shall haue it; and also more auaileable to them, then if it lay cankering all the while in a corner to look one.

But the thing I should haue spoken of at the first, I may not omitte to speake of last. And that is, how to know Su­perfluum, and when we haue it. For the true deciding where­of, [Page 64]I thinke wee shall neede a iudge. For if men bee their owne iudges, they thinke they haue neuer enough, much lesse too much. Witnesse their owne complaints, if we talke with them seriously about this businesse, though they bee neuer so rich. And I thinke they say truely in respect of their want of that they intend, and would compasse; but falsely, in respect of our duty to God, and bond to the poore. Couetousnesse is a most vile passion, and couetous persons are neuer out of it. The angry body is not alwaies angry. The spitefull body not alwayes enuious. The vici­ous, and gluttonous bodies are not alwayes so. These haue a time to see their faults, beeing as it were in a tertian, or quartan, the other allowes no intermission, but is in a co­tidian till he dye. And being alwayes therefore in his pas­sion, he cannot iudge rightly of himselfe. Hee knowes not his owne way, or worke so well as an other, or as himselfe either, if his fitte would giue leaue. Which yet, because it will not, he can hardly iudge right, but partially without a good friend to helpe him.

And this is Plutarkes rule, not mine. That when wee are doubtfull, whether wee doe well or ill, and whether we mend or impaire, Deira cohib. and we cannot goe out of our selues as Paynters doe from their worke a while, to iudge the bet­ter of a fault when they come to it againe: heere (saith he) wee had need conuent our selues before some friends, or friend, and aske their opinions what is amisse, and would be amended in vs. A golden rule, and more worthy a Christian, then a heathen. And if we follow it, we could neuer erre. Neither can any man want such a friend, if he be humble, or as curious for his soules health, as he is for ba­ser things. But what is he that knowes not his owne store, and expences; or how few there be, that fare the better by him? Let him thinke with himselfe whether he would not spend lesse if he could with honesty. Let him call to mind, how many mens lands, and inheritances he holds, whereof euery one fedde many, and hee feedes not one the more? Can hee see this, and know this, and thinke hee hath nor Superfluum?

Or if he neuer were purchaser; yet hee cannot but know how much comes in to him, more then he spendes, welfare all good tokens. His bagges make mention, if hee haue eyes to see them. Hee is well ynough sighted, to iudge of his neighbours, what euery one is worth. And can he not see himselfe much better? He will say, such a one is but a poore man, or not the man he is takē for. Such a one is well to liue, and before hand. Such a one is a neere man, and hath thou­sands, or a thousand to spare; and yet doth not know, what himselfe hath to spare? His cost vpon iron chests, and double dores, and lockes most curious; doe not all these point him to his Superfluum? his feare of robbing, his heart now and then misgiuing, or his minde still running on it, with a per­petuall audit in his braine; doe not all these vsher him dai­ly to the mint of his treasure; and can hee not yet see, or thinke, that he hath Superfluum? There is none so blind, but may see it if he will, though many bee so selfe-louing, that they list not to heede it.

And of this, my comming is to heede you, and to aduise you my deere louers, and friends, that when yee come to haue more store of Gods blessings, ye may make a blessing of it, and not abuse your selues, abuse God, abuse his holy word, as all that be couetous doe; who haue nothing so fre­quent in their heart, and soule, and it is all the Scripture they practise, Noli esse iustus multum, Be not ouer iust, and, Omnia traham ad me ipsum, I will draw all to my selfe, Ecclesiastes 7.17. Ioh. 12. and my fellowes shall haue none. As who should say all were borne beggars to make him great; all mens fortunes ordained to raise his fortunes. And it is not out of time, that I aduise you thus. It may be no time fitter then euen now, that the world goes diminishing euery day from God, and all goodnesse; and stands a great deale more vpon will and pride, then it hath done eschewing counsell. As euery man thinkes it aduantageable for him, so goes right and wrong with him, and hee will bee his owne iudge. Time hath beene, that these cloaked, and coloured sinnes haue not beene so common, as now they are. Either people haue beene more single-hearted, or easier to be instructed then [Page 66]they be now; and had more care of the world to come, and how to gette thither, then to sit deuising with themselues how to make themselues great here, and let heauenly things come after at leisure. But let vs leaue the reason to God. Once we finde his word to be true, Diminutae sunt veritates a filijs hominum, Truthes are clipt and diminish't from the sons of men; Psal. 11. and the sons of God (if we bee so) must restore them againe. If we will aske, we may finde. And wee haue the same oracles we had, the same spirit to teach vs, and to set on foot again that primitiue iustice, if we wil imbrace it.

Couetousnesse is a most venemous thing, contagious, and vnneighbourly, fedde onely with selfe-loue, a most base and vnworthy loue, and I haue giuen you rules against it. Prodigality also, and Riot, are naught; and I haue told you, what a sinne it is to waste ones estate wilfully, and how ye may auoide it with frugality. Both sorts are very sinnefull. For the couetous body perswades himselfe, that all the Su­perfluum hee hath, is no more but needefull. The prodigall makes no more of his needfull, then if it were superfluum, and so poures it out wastfully without wit. The sweet mean is betweene both, which there is no difficulty to practise with the helpe of God, and your cheerefull indeauour.

To which end, I haue told you many things which a co­uetous eare would be loath to heare at the first, vntill he do deepely consider what will become of things at last. And yet if I haue any thing said, more then your learned wil ap­prooue; let it be as vnsaid. I haue laid before you but their conclusions; which if ye shall doubt of, your pious scrupulo­sitie for better resolution, knowes whether to repaire. Out of my loue I would haue you iustly informed, and as it were catechised in matters of iustice, as ye are wont to be in your points of faith. For which cause, I haue spent some time with you; but I desire no more credite, then what your learned will affirme. I told you there must be equality wheresoeuer there is good gouernment; euen betweene king and subiect respectiuely, and betweene rich and poore. Yea, there can be no stable gouernment, where this is not well lookt into, as it hath beene in the beginning of all common-wealths.

To some belongs more, to some lesse, euery one must haue necessaries to their estat; which if they haue not, they ought to be supplied. And the supply makes as iust an equality, as if al had alike. If one haue mony, and another haue wares, they are equall. If one be poore, and another supply, they are e­quall. If one haue substance, and another desire it not, they are equall: Epist. 120. it is all one to haue (saith Seneca) and not to desire to haue. For equality consisteth not in hauing alike, but not wanting alike. If wants bee supplyed, all is equall; if not supplyed, there is a fault, that must bee amended. Yea; where knowne want is, and no supply; some mans pinching will smart for it in the world to come; and none haue cause to feare it so much, as they that haue Superfluum. No law to pull it from them, but the law of conscience as I said, which to obserue is to make all euen; and nôt to obserue, is to pro­uoke Gods displeasure, who is Lord of all; and no more is to bee done in it, then heathens can in the businesse.

And therefore I haue gone with you by degrees, to recti­fie your consciences; as how yee should loue your selfe, and how your neighbour. Your soule first, his next. Your owne life first, his next; vnlesse hee be a publike person, or very ne­cessary to the common-weale. Your goods, and fortunes likewise, how to bee vsed frugally, yet charitably, without hurting your selues, or your soules. I might haue said how bountifull also for gifts, and benefits to followers, and fauourites, according to their deserts, and your abilities; else it will soone be sinne, and sinke mens estates with ouermuch good nature, ere they bee aware. And this is more to bee pittied, then any thing; besides the offence to God-ward. Likewise how yee may purchase, and what conditions for buying and selling without wrong, or exaction. 1 Thes. 4. Saint Pauls rule is the best; nequis supergrediatur, neque superueniat in ne­gotio fratrem, Let no man ouer-reach or circumuent his brother in any businesse. Of your charity remember it. I might haue said the like of lending; which is as good a deede, and a man is as much bound to doe, as to giue, if it bee with assurance. Iucundus homo qui miseretur, & commo­dat. Holy Dauid saith it made him merry to lend, Psal. 111. and yet [Page 68]hee had no interest for it. I might haue said somewhat also of setting, and letting, where men bee of opinion, that they may doe what they will. But they may not. You must not racke it to the most, and stand to no hazzard. It ought not to trouble a man, if his tennant haue a penniworth for his money, or for fauour. The Lacedemonians neuer raised Rents, yet liued most happily. It is good for you to follow some worthy bodies, and to do as they doe, that are knowne to bee of the best conscience.

I haue not omitted to say somewhat of our duty to the common, and of the greatnes of this bond, and of the cheere­fulnesse and alacrity wee ought to entertaine it with, sorry that our hand is not in euery publike worke, though no bo­dy saw it, but onely God. To the king especially; who as hee is great by law, so should hee be greater in our loue, and haue part with vs in all, but in grudge and contradiction. So farre bee it from vs to magnifie him in words, and minnifie him in workes, as they doe to Conquerers and Tyrants. And lastly I come to your Superfluum, whereof I haue shewne you some deformities, and what a monster it would prooue in a common-wealth, if lawes did not reprooue it somewhat, and conscience more. And yet I haue beene briefe vpon the point; the matter requiring more perswasion, then instructi­on, more eloquence, then arguments, and more grace in the hearer, then tongue in the teacher. For why?

Goods if they bee good, they haue wrong to be kept in. Omne bonum est sui communicabile, The nature of good is to doe good, and to impart it selfe to others, if man doe not hinder it. The sprouting springs are not content with their owne fulnesse, and to serue the neighbourhood with pailes full and tankardsfull, but send the rest immediately to poore Millars, and Fishermen, and make riuers nauigable for the vse of man. The liuer not content to feede it selfe with blood, packes away the ouerplus all the body ouer, euen to fin­gers, and toes, as farre as it can goe. Yea, golde and siluer not satisfied with their owne riches, and brightnesse; nor pretious gemmes with their luster, and vertue, where they lye in sea coastes, or desart mountaines; but offer themselues [Page 69]to mans industry, whosoeuer will fetch them. Leo. Afer. Gaoga and Tambuco furnish Africke with millions. Mexico and Peru re­plenish Europe and Spaine; and the East Indies releeue Asia with richest stone, and mettall. It is against nature to keepe good things in. Yet wee, by corrupt vsage smother vp all in corners, that none may bee better for them. If one may doe it, all may doe it. And what if all should doe the like? what if all were hourders? should wee not thinke them Caterpillers?

Say it were not money wee hourded, but that wee bought vp all the beefes and muttons in markets, all the corne, and graine that comes there; and all other commodities that come in for mans prouision: would not townes and countries cry out on vs? and is it not all one, to hourd vp e­uery mans prouision, and to hourd vp that which men should buy it with? If all should hourd vp corne as one did, a countri-man of ours, who solde no corne but in deare yeares; should they not bee murtherers to the multitude, and quellers to their ownesoules? The man was rich, and had alwaies three yeares corne in barnes, and stackes before hand. His farme was his owne, rich ground all of it. The fourth yeare, vpon a Whitsune-eue, he walked vp a hill, and saw the countrey full of goodly corne, and came home to the good woman his wife, and tolde her he was vndone. ‘Why so said shee. It is likely to be a plentifull yeare againe said hee.’ Marry thankes bee to God said shee, many such yeares God send vs. But hee went into his barne, and hung him­selfe, and so had dyed if chance had not beene. The hourder doth ynough for his part, that no man should haue either money, or wares. Dionisius the Tyrant of Syracusa, taught a citizen how to imploy his money better then so. For hea­ring of much treasure hee had hidden in the ground, he sent vnto him to bring it him; which hee did. But hee brought not out all. And that which hee left, hee bestowed presently vpon house and land in the countrey. Which when the Ty­rant also heard of, hee sent for him, and gaue him his money againe, saying to him: ‘since thou knowest how to vse mo­ney, take thy money againe, which is made to vse, and not to [Page 70]lye by one;’ and so dismissed him. Glad was he that he learnt so good cheape. But woe be to the country that knowes not how to vse riches, vntill a Tyrant teach it them.

True riches is to haue store of necessaries, wherewith to feede many, not store of Superfluum, that no body may touch. Golde and siluer will not feede as they lye, nor cost­ly furniture with gazing on. It will bee long before any of these will giue vs a breakfast, though neuer so goodly to be­hold. And therefore it was thought but rude and childish in Telemachus: Odisses. 2. Plut. Mor. who when he came vnto Nestors house, and saw it stored with wine, meate, prouision, and entertainement for all commers, and how shold-stuffe in great plenty; hee neuer commended him for the store of all necessaries. But when hee came to Menelaus his house, where was plenty of superfluous things: the romes bright with copper, gold, and alchumy; and pillars of great magnificence: he was ready to adore, saying:

As if pompe were more necessary then life; or Su­perfluity more commendable in a fewe, then ynough for all.