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THE HOLY STATE.

THE SECOND BOOK.

CHAPTER I.

THE GOOD ADVOCATE.*

He is one that will not plead that cause wherein his tongue must be confuted by his conscience. It is the praise of the Spanish soldier, that-whilst all other nations are mercenary, and for money will serve on any side-he will never fight against his own king; nor will our advocate, against the sovereign truth plainly appearing to his conscience.

MAXIM I.

He not only hears, but examines, his client; and pincheth the cause, where he fears it is foundered.-For many clients, in telling their case, rather plead than relate it; so that the advocate hears not the true state of it, till opened by the adverse party. Surely, the lawyer that fills himself with instructions, will travel longest in the cause without tiring. Others, that are so quick in searching, seldom search to the quick; and those miraculous apprehensions who understand more than all, before the client hath told half, run without their errand, and will return without their answer.

II.

If the matter be doubtful, he will only warrant his own diligence.-Yet some keep an assurance-office in their chamber, and will warrant any cause brought unto them; as knowing that, if they fail, they lose nothing but-what long since was lost their credit.

• We take it promiscuously for civil or common lawyer.

E

III.

He makes not a Trojan siege of a suit, but seeks to bring it to a set battle in a speedy trial.-Yet sometimes suits are continued by their difficulty, the potency and stomach of the parties, without any default in the lawyer. Thus have there depended suits in Gloucestershire, betwixt the heirs of the lord Berkeley, and sir Thomas Talbot, viscount Lisle, ever since the reign of king Edward IV., until now lately they were finally compounded.*

IV.

He is faithful to that side that first retains him.-Not like Demosthenes, who secretly wrote one oration for Phormio, and another in the same matter for Apollodorus his adversary.†

V.

In pleading, he shoots fairly at the head of the cause; and, having fastened, no frowns nor favours shall make him let go his hold. Not snatching aside here and there to no purpose, speaking little in much, as it was said of Anaximenes, that "he had a flood of words, and a drop of reason." His boldness riseth or falleth, as he apprehends the goodness or badness of his

cause.

VI.

He joys not to be retained in such a suit where all the right in question is but a drop, blown up with malice to be a bubble.Wherefore, in such trivial matters, he persuades his client to sound a retreat, and make a composition.

VII.

When his name is up, his industry is not down; thinking to plead, not by his study, but his credit.-Commonly, physicians, like beer, are best when they are old; and lawyers, like bread, when they are young and new. But our advocate grows not lazy. And if a leading case be out of the road of his practice, he will take pains to trace it through his books, and prick the footsteps thereof wheresoever he finds it.

VIII.

He is more careful to deserve, than greedy to take, fees.He accounts the very pleading of a poor widow's honest cause sufficient fees; as conceiving himself, then, the King of • CAMDEN'S "Britannia," in Gloucestershire. † PLUTARCH, in Vitá Demosthenis.

And

Heaven's advocate, bound ex officio to prosecute it. although some may say, that such a lawyer may even go live in Cornwall, where it is observed that few of that profession hitherto have grown to any livelihood,* yet shall he (besides those two felicities of common-lawyers, that they seldom die either without heirs or making a will†) find God's blessing on his provisions and posterity.

We will respite him a while, till he comes to be a judge; and then we will give an example of both together.

CHAPTER II.

THE GOOD PHYSICIAN.

MAXIM I.

He trusteth not the single witness of the water, if better testimony may be had.-For, reasons drawn from the urine alone are as brittle as the urinal. Sometimes the water runneth in such post-haste through the sick man's body, it can give no account of any thing memorable in the passage, though the most judicious eye examine it. Yea, the sick man may be in the state of death, and yet life appear in his stale.‡

II.

Coming to his patient, he persuades him to put his trust in God, the Fountain of health. The neglect hereof hath caused the bad success of the best physicians: for, God will manifest, that, though skill come mediately from Him to be gotten by man's pains, success comes from Him immediately to be disposed at his pleasure.

III.

He handsels not his new experiments on the bodies of his patients. Letting loose mad receipts into the sick man's body, to try how well nature in him will fight against them, whilst

+ COKE, in his Preface to The old Saxon name, still in common use,

• CAREW, "Survey of Cornwall," fol. 60. LITTLETON's "Tenures."

for "urine."-EDIT.

himself stands by and sees the battle; except it be in desperate cases, when death must be expelled by death.

IV.

To poor people he prescribes cheap but wholesome medicines.— Not removing the consumption out of their bodies into their purses; nor sending them to the East Indies for drugs, when they can reach better out of their gardens.

V.

Lest his apothecary should oversee, he oversees his apothecary. -For, though many of that profession be both able and honest, yet some, out of ignorance or haste, may mistake: witness one of Blois, who, being to serve a doctor's bill, instead of optimi, (short written,) read opii, and had sent the patient asleep to his grave, if the doctor's watchfulness had not prevented him.* Worse are those who make wilful errors, giving one thing for another. A prodigal, who had spent his estate, was pleased to jeer himself, boasting that he had cozened those who had bought his means. "They gave me," said he, "good new money, and I sold them my great-great-grandfather's old land." But this cozenage is too, too true in many apothecaries, selling to sick folk for new money antiquated drugs, and making dying men's physic of dead ingredients.

VI.

He brings not news, with a false spy, that the coast is clear, till death surprises the sick man.—I know, physicians love to make the best of their patient's estate. First, it is improper that adjutores vitæ should be nuncii mortis. Secondly, none, with their good-will, will tell bad news. Thirdly, their fee may be the worse for it. Fourthly, it is a confessing that their art is conquered. Fifthly, it will poison their patient's heart with grief, and make it break before the time. However, they may so order it, that the party may be informed of his dangerous condition, that he be not outed out of this world before he be provided for another.

VII.

When he can keep life no longer in, he makes a fair and easy passage for it to go out.-He giveth his attendance for the

STEPHEN'S "Apology for Herodotus," lib. i. cap. 16.

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