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.

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 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.'

ΙΟ

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.

1Ο

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

1 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.

CXLVII.

WAR.

1. Do not undervalue an enemy by whom you have been worsted. When our countrymen came home from fighting against 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 10 law of this or that place; with us 'tis to be used in fervore belli, in the face of the enemy, not in time of peace; then 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.

1. 11. In the face of the enemy, not in time of peace] The billeting of great companies of soldiers and mariners, and the appointment of special commissioners to deal summarily, 'as is agreeable to martial law,' with them or with other dissolute persons joining with them to commit murder, robbery, felony, mutiny, or other outrage or misdemeanour, are among the grievances set down in the 'Petition of Right' of 1628. The result of them is said to have been the illegal execution of some persons by the commissioners, and the escape of 'sundry grievous offenders,' against whom the judges refused to proceed 'upon pretence that the said offenders were punishable only by martial law,' &c. Somers, Historical Tracts, vol. iv. pp. 118, 119.

There are several speeches of Selden's on this matter, in which he argues and brings proof that in time of peace there can be no martial law; that wherever the sheriff in the county can execute the king's writs, there it is time of peace, though in other parts there be war; that in time of peace, so defined, soldiers are under the common law; and that martial law, where it legitimately exists, is not the abrogation of law but proceeds by settled rules. Works, iii. 1986 ff.

The subject was fully discussed in Parliament by several other speakers, and the proclamation of martial law in time of peace was condemned as unconstitutional and illegal. Rushworth, Collections, vol. iii. Appendix, p. 76.