know why, nor when; not in time of judicature, but when somebody bids.

4. Some men before they come to their trial, are cozened to confess upon examination, upon this trick. They are made to believe somebody has confessed before them; and then they think it a piece of honour to be clear and ingenuous1, and that destroys them.

CXLI.

TRINITY.

THE Second Person is made of a piece of bread by the Papist; the Third Person is made of his own frenzy, malice, 10 ignorance and folly, by the Roundhead. To all these the spirit is intituled 2. One the baker makes, the other the cobbler; and betwixt these two, I think the First Person is sufficiently abused.

1 Ingenuous] ingenious, MSS.

2 Intituled, H. 2] intitled, H.

always used, as a matter of course, in all grave accusations, at the mere discretion of the King and the Privy Council, and uncontrolled by any law besides the prerogative of the sovereign.' He traces the practice from Henry VIII's reign down to May 1640, Archer's case, which is (he says) 'the last recorded instance of the infliction of torture in England, and as far as I have been able to discover the last instance of its occurrence.' Jardine holds that, though not lawful by the common law, it was lawful as an act of prerogative, a power superior to the laws and able to suspend the laws; but it may be fairly questioned whether this strain of prerogative over law can be allowed to have been lawful in any sense. See 'Prerogative,' sec. I.

It is curious to find Grotius and other foreign jurists praising the law of England for its singular humanity in conducting criminal proceedings without the use of torture, and devising ingenious reasons to account for it; while Selden, well acquainted with the facts, compares English practice disadvantageously with that of other countries -an opinion which Jardine confirms by contrasting in detail the arbitrary and uncontrolled licence of the English method with the limitations and definite rules which prevailed in countries whose code was based on the Roman law. Reading, &c., p. 67.

CXLII.

TRUTH.

I. THE Aristotelians say, all truth is contained in Aristotle, in one place or another. Galileo makes Simplicius say so, but shews the absurdity of that speech, by answering, that all truth is contained in a lesser compass, viz. in the alphabet. Aristotle is not blamed for mistaking sometimes, but Aristotelians for maintaining those mistakes. They should acknowledge the good they have from him, and leave him when he is in the wrong. Io There never breathed that person to whom mankind was more beholden.

2. The way to find out the truth is by others' mistakings: for if I was to go to such a place, and one had gone before me on the right hand, and he was out; another had gone on the left hand, and he was out; this would direct me to keep the middle way, that peradventure would bring me to the place I intended to go.

1.3. Galileo makes Simplicius say so, &c.] The passage occurs in the second of a series of imaginary conversations on mathematical and physical science, between Salviati and Sagredo, the spokesmen for modern science, and Simplicius, the Aristotelian commentator. Simplicius asserts that, with the aid of the syllogistic method, the man who can make a proper use of Aristotle's writings 'saprà cavar da' suoi libri le dimostrazioni di ogni scibile, perchè in essi è ogni

cosa.'

Sagredo replies, banteringly, 'Ma, Signor Simplicio mio... questo che voi, e gli altri filosofi bravi, farete con i testi d'Aristotile, farò io con i versi di Virgilio, o di Ovidio. . . . Ma che dico io di Virgilio, o di altro poeta? io ho un libretto assai più breve di Aristotile e d'Ovidio, nel quale si contengono tutte le scienze... e questo è l' alfabeto; e non è dubbio che quello, che saprà ben accoppiare e ordinare questa e quella vocale con quelle consonanti o con quell' altre, ne caverà le risposte verissime a tutti i dubbj, e ne trarrà gli insegnamenti di tutte le scienze e di tutte le arti.' Opere di Galilei, vol. xi. p. 266 (Classici Italiani, Milan, 1808-1811, in 13 vols.).

3. In troubled water you can scarce see your face; or see it very little, till the water be quiet and stand still. So in troubled times you can see little truth. When times are quiet and settled, then truth appears.

CXLIII.

UNIVERSITY.

I. THE best argument why Oxford should have precedence of Cambridge, is the act of parliament, by which Oxford is made a body; made what it is; and Cambridge is made what it is; and in that act it takes place. Besides, Oxford has the best monuments to show.

2. 'Twas well said of one, hearing of a history lecture to be founded in the university; Would to God, says he, they would erect a lecture of discretion there, this would do more good an hundred times.

3. He that comes from the university to govern the state,

1.6. The best argument why Oxford &c.] This question of precedence was raised in the House of Commons in January, 1640–1, when 'the Bill of four subsidies for the relief of the King's army and the northern counties having been drawn by a Committee, Cambridge was placed before Oxford in the same.' This gave rise to a hot and prolonged debate. Sir Simonds D'Ewes spoke at length in favour of giving Cambridge the precedence, on the ground that Cambridge was a renowned city before Oxford, and a nursery of learning before Oxford, so that Cambridge was in all respects the elder sister. So sharp was the contention that on that day 'the House came not to a final determination in the reading of the Bill.' See, Two Speeches by Sir S. D'Ewes (printed in 1642), and Nalson, Collections, i. 703.

1. 7. the act of parliament &c.] This is 13 Elizabeth, ch. 29, 'An Act concerning the incorporations of the Universities of Oxford and Cambridge,' in which Oxford is named before Cambridge in several places. Once only, towards the end of the Act, we have 'the said Universities of Cambridge and Oxford.'

IO

before he is acquainted with the men and manners of the place, does just as if he should come into the presence all dirty, with his boots on, his riding-coat, and his hat all daubed. They may serve him well enough in the way, but when he comes to court, he must conform to the place.

10

CXLIV.

VOWS.

Question. Suppose a man find by his own inclination he has no mind to marry, may he not then vow chastity? Answer. If he does, what a fine thing has he done? 'Tis as if a man did not love cheese; and then he would vow to God Almighty never to eat cheese. He that vows can mean no more in sense than this; to do his utmost endeavour to keep his vow.

CXLV.

USURY.

1. THE Jews were forbidden to take use one of another, but they were not forbidden to take it of other nations. That being so, I see no reason why I may not as well take use for my money as rent for my house. 'Tis a vain thing 20 to say, money begets not money; for that no doubt it does 1.

2. Would it not look oddly to a stranger, that should

No doubt it does, H. 2] no doubt is does, H.

come into this land, and hear in our pulpits usury preached against; and yet the law allow it? Many men use it, perhaps some churchmen themselves. No bishop nor ecclesiastical judge, that pretends power to punish other faults, dares punish, or at least does punish, any man for doing it.

CXLVI.

PIOUS USES.

THE ground of the ordinary's taking part of a man's estate, who died without a will, to pious uses, was this; to give it somebody to pray that his soul might be delivered 10 out of purgatory. Now the pious uses come into his own pocket. 'Twas well expressed by John o' Powls in the play, who acted the priest; one that was to be hanged, being brought to the ladder, would fain have given something to the poor; he feels for his purse, (which John o' Powls had picked out of his pocket a little before) missing it, cries out, he had lost his purse now he intended to have given something to the poor: John o' Powls bid him be pacified, for the poor had it already.

1. 12. 'Twas well expressed &c.] The same incident occurs in the following, which is probably the passage which Selden had in mind :

'Malheureux (pinioned and led out to execution):

My endless peace is made; and to the poor

My purse, my purse!'

Cocledemoy (who has just picked Malheureux' pocket) :

Ay, sir; and it shall please you, the poor has your purse already.' -Marston, Dutch Courtezan, Act v. sc. 3 (vol ii. p. 98 in Bullen's ed. of Marston's works).

I am indebted to Mr. P. A. Daniel for this reference.