The remains of Sir Fulk Grevill Lord Brooke being poems of monarchy and religion : never before printed.

Of Laws. SECT. VII.

239.

HEnce when these ancient friending Gods foresaw, Schism and division would creep into Nations, By this subjecting subtilty of Law, Which yet did yield their makers reputation; They out of Grace, sent down their progeny, To keep men as they were created free.

240.

Were not to this end Ceres well fram'd Laws As proper for Mankind, as was her Corn? Unto which cleer-ey'd Nature gives applause, By mutual Duties to which man is born And from which no soul can delivered be By time, discretion, or authority.

241.

Which Laws were not engrav'd in Stones, or Brass, Because these Mettals must corrupt with time, Mans understanding that impression was, Which did contain these Images Divine; Where Conscience seal'd with horror plagueth those That against these born-duties doe oppose.

242.

But after Mankinds hard and thankless heart Had banisht mild Astraea from the Earth, Then came this Sophistry of humane Arts, Pictures, not life of that Celestial birth; Falling from Laws of Heav'n-like harmony, To Mans Laws which but corrupt reason be.

243.

Of this kind Solon was in Athens one; Lycurgus Cobwebs over Sparta spread; The Locrians by Seleucus Nets were known, By Zoroasters Bactria was misled; Numa was he that first enthralled Rome, And Natures freedom under legal doom.

244.

After which Change, men have liv'd more divide By Laws, then they at first by Language were; For who before by reasons light were guided, Since, fondly worship to such Idols bear; As those new masters stir up in mans heart, Who seldom find truth in the weaker part.

245.

A Master-piece of pow'r which hath extinct That former light of nature men liv'd in, Holding the world to crown opinions linke Who simply prize not good, nor punish sin;

But whatsoever doth withstand their Will, That bar, as if by nature it were ill.

246.

Yet in Mans darkness since Church rites alone Cannot guard all the parts of Government, Lest by disorder States he overthrown, Pow'r must use Laws as her best instrument; Laws being Maps, and Councellors that do Shew forth diseases, and redress them too.

247.

For though perhaps at first sight Laws appear Like prisons, unto Tyrants Soveraign Might, Yet are they secrets, which pow'r should hold dear, Since envyless they make her infinite; And set so faira gloss upon her Will, As under this veil pow'r cannot do ill.

248.

After Augustus had by civil sword Made that large Empire thrall to his ambition, Men yet retain'd their priviledge in words, And freely censur'd every mans condition, Till by the Laws of wounded Majesty, Nor words, nor looks, nor thoughts were left them free.

249.

For then was this reproof of publick vice And censure of their Emperours misdeeds Made Treason, and maintain'd with prejudice Of men inforc't to nurse destroying weeds; I mean that Vice which Tyranny protected, And by example all the Earth infected.

250.

Hence was it not a Trespass Capital For men to say, vain Nero sang not well? In nature then what Latitude at all, If o're Mans freedom Tyranny thus swell? Whether by Law men root or ruine take, Sure am I, Scepters it doth Sacred make.

251.

Besides, Laws fixe the bents of peoples minds From prying up, while selfness doth intend Other mens faults, and therein heedless binds That common freedom. which they would extend, Laying an impost upon every vice, To spread the Crown by peoples prejudice.

252.

This was that Apple fatally cast down By Momus, to set Goddesses at war, Which erst too busie were with Joves high Crown And Cabinet, where all dooms fixed are,

Judg'd by a shepheard, for it was thought due That to inferiors they submit that sue.

253.

Old Rome again was never out of strise Between the People and the Magistrates, Till Appius brought from Athens rules of life, Which are call'd Laws in every other state, Whetting their edges so against their own, As none found leisure to restrain a Throne.

254.

Since then, by Laws, the best and worst affections Of Pride-born-Tyrants form'd and disform'd be, To give for them some general directions, As stays against confounding Liberty, I think were fit, as wel to shew the abuse In making, as their good effect in use.

255.

Therefore if sometimes pow'r do Laws apply To humors, or occasions, time, or place, Yet those are found of most equality Which bear a careful universal face; Whereas particular and present Laws Diseases oft in time succeeding cause.

256.

Again those Laws which universal be, And thereby freely currant every where, Doe with the grounds of nature best agree, And so with Man most reputation bear; As reason cast in frames to mould his passion, Which kept in bounds, keeps all his acts in fashion.

257.

But the true ground of all our humane Laws, Ought to be that Law which is ever true, His Light that is of every being cause; Beyond whose providence what can be new? Therefore as means betwixt these two extreams, Laws should take light at least from those sweet beams.

258.

Yet by the violence of superiors passion, And wandring visions of inferior spirits, Pow'r to make up it self strives to disfashion, Creating error new aswel as merits, In hope to form Mans outward vice by Laws, Whose por'r can never reach the inward cause.

259.

Yet do these Laws make spirits of their profession, Or such as unto them subject their state Publickly wiser, warier of transgression, Fitter to traffick, or negotiate,

Both in all other Countreys and their own, Far more respected, and much better known.

260.

For as the Man that means to write or draw, If he unperfect be in hand or head, Makes his straight lines unto himself a Law, By which his after-works are governed, So be these lines of life in every Realm, To weigh mens acts, a well-contenting Beam.

261.

Hence must their Aphorismes which do comprise The summe of Law be published and stil'd, In such a common Language as is priz'd And us'd abroad not from the World exil'd; Lest being both in Text and Language thrall, They prove not Coyns for traffick general.

262.

For is it meet that Laws which ought to be Rules unto all men, should rest known to few? Since then how can powr's Soveraignity Of universal justice bear a shew, Reform the Judge, correct the Advocate, Who knowing Law alone command the State?

263.

After the infancy of glorious Rome, Laws were with Church rites secretly enshrin'd; Poor people knowing nothing of their doom, But that all rights were in the Judges mind: Flavius reveal'd this snaring mistery Great men repin'd, but Rome it self grew free.

264.

So with the crafty priesthood was the year Made short or large by their intercalation, Selling the time to publicans more dear, Till Caesar did reform this computation, And brake these threads of a varice they spun, Measuring swift time by due course of the Sun.

265.

Hard is it therefore for men to decree, Whether it better were to have no Law, Or Law kept onely as a mystery, In their breasts that revenue from it draw; Whether to bar all Mandates be not one With spreading them in Dialects unknown.

266.

For as when Liturgies are published In forrain tongues, and poor souls forc't to pray, The tongue is trusted without heart or head To tell the Lord they know not what they say;

But only that this Priest-obedience, 'Twixt Grace and Reason, damns th' intelligence.

267.

So when our Law, the beams of Life and Light, Under a cloud or bushel shall burn out, The forrain accents which are infinite, Obscuring sence, and multiplying doubt; We blinded in our ways by this Eclipse Must needs Apologize for many slips.

268.

Again, Laws order'd must be, and set down So cleerly as each man may understand, Wherein for him, and wherein for the Crown, Their rigor or equality doth stand; For Rocks, not Seamarks else they prove to be, Fearful to men, no friends to Tyranny.

269.

As making Judges, and not Princes great, Because that doubtful sence which they expound Raiseth them up above the Princes seat, By offring Strength, Form, Matter, and a Ground To fashion all degrees unto their end, Through mens desires which covet Law to friend.

270.

For as the Papists do, by Exposition Of double sences in Gods testament, Claim to their Chair a Soveraign condition; So will these Legists in their Element Get above Truth and Thrones, raising the Barr As high as those unerring proud chairs are.

271.

All which just ballancing of Judge and Law, Be matks of wise and understanding Might, As it is under Orders Lines to draw These Courts Supream which manage wrong & right, Well auditing ill Councels of Estate, And giving each degree his proper rate.

272.

Prohibiting those lawless Marts of place, Which, by permission of a careless Crown, Corrupt and give the Magistrate disgrace With servile purchase of a selling Gown; And so rate Justice at as vile a price, As if her state were peoples prejudice.

273.

Again, the length and strange variety Of Processes and Trials, Princes must Reform; for whether their excesses be Founded upon Judges or Pleaders Lust,

The effect of either ever proveth one, Unto the humble Subjects overthrown.

274.

In course of Law beside pow'r must advise Whether for tryal of mens private right, It will be found just, equal, fit, or wise To give the Judges any other light, Then in mens Titles by cleer evidence: In case of Crime by testimony of sence.

275.

Again, if common justice of the King Delay'd, dishonor'd, or corrupted be, And so the subject rackt in every thing, By these word-mongers, and their liberty, Whether Gods Government amongst his own, Was not more wise, which Advocates had none?

276.

The warlike Lacedemon snffered not In her Republick any Advocate; The Learned Athens neither used Lot Nor Plea, but party, and their Magistrate; As if these Courts, would never stainless be, Which did allow that gaining mistery.

277.

Because their end being meerly Avarice, Winds up their wits to such a nimble strain, As helps to blind the Judge not give him eyes, And when successively these come to Raign, Their old acquainted traffick makes them see, Wrong hath more Clyents then Sincerity.

278.

Hence these new Judges made, sometimes adhere Unto the plain words, sometimes sence of Law, Then bind it to the Makers of their chair, And now the whole Text into one part draw; So that from home who shall but four years be Will think Laws travell'd have aswell as he.

279.

Moreover, to give Justice ready eyes Kings here and there in Provinces remote Should to establish proper Courts devise That their poor Subjects might not live by vote, Nor yet by charge of Cares far fetched right, Give more advantage to oppressing might.

280.

Such be those Seven Sinews mystical, In the French Monarchy, sent from the Brain, To spread both sence and motion thorough all, And over sence, opinion, custome raign;

Paris, Grenoble, Tolous, Bourdeaux, Rone, Dijon, and Aix, Seven pillars of a Throne.

281.

Which, were they not oft subject to infection From noisome Mists beyond the Alpes arising, Would keep the health of that State in perfection As well from falling as from tyrannizing, But fate leaves no man longer quiet here, Then blessed peace is to his neighbor dear.

282.

Pow'r then, stretch no grounds for grace, spleen or gain, But leave the Subject to the Subjects Law; Since equals over equals glad to raign, Will by advantage more advantage draw, For Throne-examples are but seldom lost, And follow'd ever at the publick cost.

283.

People by nature love not to obey, By force and use yet grow their humours mixt, Now soft like wax, now hardned like the clay, And so to make or marre, soon mov'd or fixt, As these two Moderators Wit and Might To their ends wave or let them stand upright.

284

Craft though unpunished in Majesty, Yet never Governs, but works by deceit, Base instrument of Humane frailty, Which Audits not by Standard, Number, Weight, But with false Lights makes Tyranny descend To do, and hide, by which stairs none ascend.

285.

Crowns therefore keep your oaths of Coronation, Succession frees no Tyranny from those, Faith is the Ballance of pow'rs reputation, That Circle broken, where can man repose? Since Scepter pledges, which should be sincere, By one false Act grow Bankrupt every where.

286.

Make not mens Conscience, Wealth, and Liberty, Servile without book to unbounded Will, Procrustus like he racks Humanity, That in pow'rs own mould casts their good will, And slaves men must be by the sway of time, Where Tyranny continnes thus sublime.

287.

Observe in greatness this one abstract notion, That odds of place possest by spirits inferior, Must find strange hills and dales in every motion, Nature and Chance growing by turns superior;

Whence inward weakness never shall be able To keep the outward borrow'd Glories stable,

288.

Yet above all these, Tyrants must have Care, To Cherrish those Assemblies of Estate Which in Great Monarchies true Glasses are, To shew mens Griefs, Excesses to abate, Brave moulds for Laws, a Medium that in one Joyns with content a people to the Throne.

289.

Besides a safe wrest of these boundless Kings To get supply, or envyless reform. Those over-stretched, or relaxed strings, Of many members which might else deform; Still friends to Thrones, who (as Lords of the choice) Give life or death to all acts by their voice.

290.

For as in Man this little world of ours, All objects which affect him diversly With pain or pleasure under feeling pow'rs Of common sence, are summon'd presently, And there diminisht, judged, or approved, A Crisis made, some changed, some removed.

291.

So in the Kingdoms general Conventions By confluence of all States doth appear, Who nurseth peace, who multiplies contentions, What to the people, what to great men dear, Whereby Soveraignity still keeps above And from her Center makes these Circles move.

292.

Again, since Parliaments assembled be, Not for the end of one State but of all, Practice of no side can be counted free, Anger of greatness there is short-breath'd fall, Altring, displacing, raising, pulling down Offends the Burroughs, adds not to the Crown.

293.

People like sheep and streams go all one way, Bounded with Conscience, names and liberty; All other Arts enhance, do not allay The headlong passions they are governed by: Craft teacheth Craft, practice goes not alone, But ecchoes self-wit back upon a Throne.

294.

Small punishments fail not to multiply These Hydra heads, and gives them glory cheap, Blood were too much, great bodies cannot die; Pow'r that sows Truth, may wealth and honor reap,

Men joy in war for Conscience, and can die Giving their wealth to save their liberty.

295.

Conscience (I say) is to the people dear, And liberty they (like all Creatures) love; What then needs any force or practice here, Where men upon such fair wheels easily move? It may stir Jealousie, but cannot friend, That which both King & Men should make their end.

296.

Pow'r, therefore bring all ways degenerate Back to their old foundations whence they grew, And suffer not these Pillars of estate By private selfness to become still new; Of private Orbs th' Orizons are not great, Must they not then diminish where they Treat?

297.

The large times, strength like, kept elections free, Sheriff's us'd no self-Art in their County-days; Great men forbore those shapes of Majesty Which gave the people freedom in their ways, And what can Scepters loose by this free choice, Where they reserve the Royalty of voice?

298.

At their Will, either to dispense with Law, When they are made as prisons of Creation, Or Legal yokes which still more bondage draw By bringing penalties in reputation, Mild people of the Throne desiring leave More specious Nets on all estates to weave.

299.

Freedom of speech ecchoes the peoples trust, That credit never doth the Soveraign harm Kings win the people by the people must, Wherein the Scepter is the chiefest charme; People, like Infants joy in little things, Which ever draws their Councels under Kings.

300.

Hence Power often in her largest days Hath chosen free and active instruments, From Subjects faith, that in the subjects ways Humbly to suffer have been well content; And since Man is no more then what he knows Ought he not pay that duty which he ows?

301.

And what expect men for their lives and goods, But some poor feathers out of their own wings? Pardons (I mean) from those Law-catching moods, Which they before had begged of their Kings: Let them speak freely, then they freely pay; Each Creature hath some kind of Sabbath-day.

302.

Lastly, when Princes most do need their own, People do spy false lights of Liberty; Taxes there vanisht, impositions gone, Yet doth the Parlamental Subsidy Relieve Kings wants at home with peoples wealth, And shews the World that both States are in health.

303.

From these sweet Mountains therefore let us view The former great Estates which govern'd all, And by the use of many people knew, Which way to frame things for the general; Yet kept their Soveraignity above, By using Councels not of Fear, but Love.

304.

The Roman State, for all free States a Glass In her deliberations of weight, When she did strive to shun or bring to pass Her real Councels, or well mask't deceit; Had to her Five and Thirty Tribes recourse, Assemblivg many, to keep all from worse:

305.

By them determining in Mars his field The denizing of Realms, Magistrates creation, When Rome was barren, what did over yield, When Peace or War, and why, had reputation, Peazing the Senates pride, the Peoples rage, Lest the excess of one should all engage.

306.

And by this equal ballance kept upright Her far extended Government and Law; Till War, by over-adding unto Might The scale uneven, did on her side draw, And by a martial mutinous election Of Emperors, brought Empire to defection.

307.

Far different is the course of Tyranny, Where Mans felicity is not the end, But self-contracting Soveraignity, Neither to Scepter nor to People friend, The mystery of iniquity being there, Not to assemble Parlament for fear.

308.

Instance the present brutish Rapsody Of Mankind under Ottoman's base line, Where if in one Man should assembled be, Of their well beings freely to define, What were it but a liberal Commission, For them, to cast off Bondage by sedition.

309.

The true uniting Grecian policy, Of course frequented twice in every year, Their ancient Amphiction Synodie, A Parliament for many causes dear, Aswel at home to curb mens divers minds, As all encroaching forrainers to bind.

310.

For active pow'r must not her bounds enlarge By stretching Crown rights (which by Law descend) To Taxe, impose, monopolize, or charge, As if both God and Man's Law had no end; But to enhance Prerogatives as far, By arts of Peace, as they by Conquests are.

311.

Else when this Crown-assumed liberty Hath shuffled all distinct Imperial rests, To give confused will Soveraignity, Order thus shak't in Thrones, in subjects breasts Makes Duty nothing else but servile fears, Where fruits alike for both, occasion bears.

312.

And as these Laws which bind mans birth to Thrones, Have therefore, under wise Kings government, Never been Creatures of their wills alone; But like Man-yokes made by Mankinds consent, So taxe again to one from many paid, Is not from one voice well, but many laid.

313.

Much less ought Pulpit Doctrine, still'd above Thorough Cathedral Chairs or Scepter Might, Short, or beyond th'Almighties tenure move, Varying her shape, as humors vary light, Lest, when men see God shrin'd in humane Law, Thrones find the immortal chang'd to mortal awe.

314.

And to descend from visions of the best, Both place and person from her shadows must Be so upheld, as all may subject rest To pow'r supream, not absolute in trust: So to raise fees beyond reward or merit: As if they might both Taxe and disinherit.

315.

Which to avoid, as pow'rs chief Mystery, Birth, Education may give Princes light, Yea in each Art the Master-peeces be Help to select among the infinite, No work of Chance as from Pandora's Tunne, But happy choice, by Fames cleer Eye-sight wonne.

316.

Again, though use of taking from mans youth Be but a doubtful way of discipline To work a habit in the Love of Truth, Though instrumental practice do refine The serving, not the judging pow'rs of wit, And for uprightness, so the more unfit,

317.

Yet in the liberty of Advocates, Which are of Judges now the nursery, Fame is a Glass, where Governours of States, May see what good or ill proportions be In every heart fram'd to do wrong or right Against temptations both of Gain and Might.

318.

Nor ends this work when Men are chosen well, Since place corrupts them as it shews them forth, Some humours rais'd, some humbled do excel, Security is no true nurse of worth: Therefore that spirit of Fame, which made the choice, Must still in ears of Princes keep a voice.

319.

And whence hath Pow'r more safe intelligence? Since Fame doth serve them at her proper cost, And is not thrall to grace, or to offence, Though sometime clouded, very seldom lost, And where she lies by evil information, She thinks retreat no loss of reputation.

320.

Now since these rules for Laws, do even like Laws, Equally serve the Tyrant and the King; This, to good uses for the publick cause, That, all mens freedoms under Will to bring, One Spider-like, the other like the Bee, Drawing to help or hurt humanity.

321.

If I without distinction do set down These humble precepts in a common stile, Their difference being not placed in the Crown, But Craft or Truth to govern, or beguile; Let him that reads in this and in the rest Each crudity to his fair end digest.