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be bound up, and certain charms to be said, and a day or two after to be opened; if the parts were whole, the party was judged to be innocent; and so on the contrary.

3. The rack is used no where as in England: in other countries it is used in judicature, when there is a semiplena probatio, a half proof against a man; then to see if they can make it full, they rack him if he will not confess. But here in England they take a man and rack him, I do not know why, nor when; not in time of judicature, but when somebody bids.

upon

4. Some men before they come to their trial, are cozened to confess upon examination: 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 ingenuous, and that destroys them.

UNIVERSITY.

1. 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 the act it takes place.

Besides Oxford has the best monuments to

show.

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

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

VOWS.

SUPPOSE a man find by his own inclination he has no mind to marry, may he not then vow chastity? Answ. If he does, what a fine thing hath he done? It is 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.

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. It is a vain thing to say, money begets not money; for that no doubt it does.

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

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 out of purgatory; now the pious uses come into his own pocket. It was well expressed by John o' Powls in the play, who acted the priest; one that was to be hanged, being brought to

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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 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.

WAR.

1. Do not undervalue an enemy by whom you have been worsted. When our countrymen came home from fighting with the Saracens, and were beaten by them, they pictured them with huge, big, terrible faces, as you still see the sign of the Saracen's head is, when in truth they were like other men. But this they did to save their own credits.

2. Martial law, in general, means nothing but the martial law of this, or that place; with us to be used in fervore belli, in the face of the enemy, not in time of peace; there they can take away neither limb nor life. The commanders need not complain for want of it, because our ancestors have done gallant things without it.

3. Quest. Whether may subjects take up arms against their prince? Answ. Conceive

it thus here lies a shilling betwixt you and me; ten-pence of the shilling is yours, twopence is mine. By agreement, I am as much king of my two-pence, as you of your tenpence. If you therefore go about to take away my two-pence, I will defend it; for there you and I are equal, both princes.

4. Or thus: two supreme powers meet; one says to the other, Give me your land; if you will not, I will take it from you. The other, because he thinks himself too weak to resist him, tells him, Of nine parts I will give you three; so I may quietly enjoy the rest, and I will become your tributary. Afterwards the prince comes to exact six parts, and leaves but three; the contract then is broken, and they are in parity again.

5. To know what obedience is due to the prince, you must look into the contract betwixt him and his people; as if you would know what rent is due from the tenant to the landlord, you must look into the lease. When the contract is broken, and there is no third person to judge, then the decision is by arms. And this is the case between the prince and the subject.

6. Quest. What law is there to take up

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