discourse, what the Dutch do at all ambaffadors Hen. 8.

propofals, It may be fo.

Obfervations on the Life of Sir John

Fineux.

SIR John Fineux was born at Swinkfield in Lloyd.
the County of Kent, a place bestowed on his
ancestors by a great lord in Kent, called T. Criol,
about the reign of king Edward the fecond. He
followed the law twenty eight years before he
was made a judge; in which office he continued
twenty eight years, and was twenty eight years
of age before he betook himself to his study:
whence it neceffarily follows, that he was four-
fcore and four when he died. He was a great
benefactor to St. Auguftine's in Canterbury;
the prior whereof William Mallaham thus high-
ly commended him: (good deeds deserve good
works)

* Vir prudentiffimus, Genere infignis, Juftitia
præclarus,, pietate refertus, Humanitate fplen-
didus, & charitate fæcundus.

He died in 1526, and lies buried in ChriftChurch in Canterbury, having had a fair habitation in this city, and another in Herne in this

coun

* A man of confumate wifdom, of an illuftrious family, famous for his juftice, renowned for his piety, confpicuous in his humanity, and extenfive in his charity.

Hen. 8. county, where his motto ftill remaineth in each window:

* Mifericordias Domini cantabo in Æternum.

Nile's original is hidden, but his stream is famous. This judge's ancestors were not fo obfcure, as he was illuftrious. His device upon his ferjeants ring was, Sue quifq; fortunæ faber; and his discourse was always to this purpose, That no man thrived but be that lived as if he were the first man in the world, and his father were not born before him.

Forty years he said he lived by his industry; twenty by his reputation, and ten by favour. King Henry the feventh knew not how well this gentleman could ferve him, until he faw how effectually he did oppose him about the tenth peny raised for the war in Britain, which raised another in York; where though the rabble (that murthered Henry earl of Northumberland, who was to levy the tax) had not his countenance for their practice, yet had they his principal for their rule, which was this, Before we pay any thing, let us fee whether we have any thing we can call our own to pay. So able, though referved a patriot, thought the wife king, would be an useful courtier, and he that could do fo well at the bar, might do more at the bench. Cardinal Morton was against his advancement, as an incouragement to the factious: (whofe hydra-heads grow the faster by being taken off by preferment, and not by an ax) the king was for it, as the most probable way of weakening them, as who, when

I will fing the mercies of the Lord for ever.

the

the most sober and wife part of them draweth off, Hen. 8. are but a rude multitude, and a rope of fand.m When a commoner, none fo ftiff for the fubjects priviledg; when a judge, none fo firm to the princes prerogative: two things, (however, they fatally clashed of late) that are solid felicities together, and but empty notions afunder: for what is prerogative but a great name, when not exercised over a free people? and what is priviledg but a fond imagination, when not secured under a powerful king, that may keep us from being flaves one to another by anarchy, while we strive to be free from his tyranny? that people is beyond president free, and beyond comparison happy, who restrain not their fovereign's power to do them barm fo far, as that he hath none left him to do them good. Careful he was of the law; for he was a judge: and as careful of his fovereign's right; for he was a fubject. No ominous clashing between courts in his time; nor setting the king's Confcience in Chancery against his will in the King's Bench. A man tells

Ariftides to make him party in his cause, that his adversary had abufed him: I fit not here (faith that impartial judge) to right my felf, but you. When a notorious enemy of judge Fineux had a cause depending before him, It might have gone you, my Friend, (said he) had you not been my Enemy: his motto was; * nemo prndens punit quia peccatum eft fed ne peccetur.

Ten things, which are indeed ten of the most remarkable particulars of his life, raised him. 1. An indefatigable induftry, 1. In his reading,

*No prudent man punishes another because he has offended, but that he may not offend for the future.

2.

Hen. 8. ing, leaving behind him 23 Folio's of notes. In his practice, bequeathing 3502 cafes he managed himself to his executor.

2. A freedome of converfe: as about his bufinefs, none more clofe; fo in company, none more open; having fo compleat a command of himself, that he knew to a minute when to indulge, and to a minute too when to restrain himfelf. A gay and chearful humour, a spriteful converfation, and cleanly manners, are an exceeding useful accomplishment for every one that intends not to wind himself into a folitary retirement, or be mewed in a cloyster.

3. A rich and a well-contrived marriage, that at once brought him a large eftate, and a larger intereft: the fame tie that allied him to his wive's family, engaged him to many.

4. A great acquaintance with noble families, with whose dependants he got in firft, devoting an hour a day for their company; and at laft with themselves, laying afide his vacation-leifure for their service. He was fteward of 129 mannors at once, and of councel to 16 noble-men.

5. His hofpitality and entertainments: none more close than he abroad, none more noble at home; where many were tied to his table, more obliged by his company and discourse.

6. His care and integrity in managing, his repute in promoting, his reafon and eloquence in pleading, and his fuccefs in carrying his caufes.

7. His eminence and activity in the two profitable parliaments of Henry the feventh, where he had the hearts and purfes of the people at his command, and the eye of his fovereign upon his perfon. It was thought a reward adequate to

the

the greatest merit and adventure in the grecian Hen. 8. wars, to have leave to play the prizes at Olympus before kings. It was judged the most ambition could aime at in king Henry the seventh's time, to fhew a man's parts before his judicious and difcerning majefty; than whom none understood worth better, none valued it higher.

8. His oppofition to Epfon and Dudley's too fevere profecution of pœnal laws, while Henry the feventh was living; and his laying of it before him fo faithfully, that he repented of it when he was a dying. He is high a while, that ferves a Prince's private intereft; he is always fo, that is careful of the publick good.

None a worfe eneChoice he was in continuing friends:

9. His entire devotion to that facred thing called Friendship, that Blifs on this fide Heaven, made up of peace and love. my, none a better friend. commencing, but conftant in Many acquaintance, but few Friends, was his obfervation; faying, He had been undone by his Acquaintance, bad be not been raised by his Friends.

10. His care of time. To day I have not reigned, faid the emperour when he had done no good: To day I have not lived, faid the judge when he had done nothing. So much he prayed morning, evening, and at noon, according to the way of thofe times, as if he never studied; fo much he studied, as if he never practised ; fo great his practice; as if he never converfed; and fo free his converfe with others, as if he lived not at all to himself. Time (of which others are so prodigally expenfive) was the only thing he could be honestly covetous of: full

where