A remembraunce of the pretious vertues of the right Honorable and reuerend Iudge, Sir Iames Dier, Knight, Lorde cheefe Iustice of the Common Pleas.
LIdgate, Bawldwin, and many writers moe,
the heauie faules of naughty mē haue showne
VVhen their good deedes,
The moste famous Orrators & Poets of Greece, were hyred by Queene Artimisea to eternise the life vertues of her husbād Mausolus.
to tell they all are slowe,VVhose vertuous liues deserueth to be blowne:
with such shrill trūps, as made
Mausolus knowne
The cause (think I) through ruthemēs harmes they raise
And doo enuy to sound the worthies praise.
But so or no, the wrong dooth much increase,
which my weake muse, hath laboured lōg to right
VVho liuing in a chosen place of peace,
where vertue raignes, & conquers Enuies might:
The vveapons of vertue.
who not with laūce, but lawrel bough doth fight
Her Cheefetaines then, of writers iustly claime,
That Death not time, their memoties may maime.
Among the moe, that worste may paye this debte,
vppon the good, I haue bestow'd my zeale:
Not like their woorth, but able wittes to whet,
For to expose their vertues euery deale,
Who stayes were of our happy common weale.
That their good rules, such as succeede may guide,
And liue by Fame, as they had neuer dy'de.
To bothe effects (who liuing did no wronge)
The breathles course of good
Iames Dier knight;
Of Common Pleas,
A custome vvith which the Venetians in their funetals, do honour their Maiestrates
the Lord cheefe Iustice long,In Scarlet Robes, I laye in open sight,
To shewe that death, ore honout hath no might.
Whose deeds doo shine, as Diamonds in the darke
And liues, though dead, if to his Fame you harke.
Like him that long against the sonne dooth gase,
To prie into his vertues, dimme my eyes:
VVhose Monuments, shine as a Pharoes blase,
In Iudgement iust,
Meete vertues for a Iudge,
in counsell graue and wise,Clearer of doubts, in law like clowds which rise.
A liue refuge, of those whom wronge did paine,
A Dyer such, as dy'de without a staine,
But to discribe this woorthy Iudge at large,
Let it suffice to showe from whence he came:
He was borne in an house of aunce
[...] woorship.
The purple Grape, a Thorne dooth neuer charge,
Nor rascall rase, oft breedes a Childe a fame,
His birth was good, his acts doo blaze the same.
In woorship borne, in honour he did ende,
Ray sde by desart,
Vertue the best Cognizance of a Gentle.
and not by sate, or freend.In tender yeares, he was to learning set,
And Vessels long, their seasoned liquors taste:
As time grew on, he did to Oxford get,
And so frō thence, he was in Strand Inne p
[...]aste,
Strand Inne sometimes an Inne of Chauncerie.
But him with fame, the middle Temple graste.
The deapth of lawe, he searcht with painefull toyle,
Not cunning Quirks, the simple man to spoyle.
His wi
[...]te was quicke, his Iudgement was as found,
His Clyents such, as weare with wrong opprest:
His conscience good,
A good example for lawiers.
him first with credit cround,who with much care, his clyents wrongs tedrest.
By vertue thus, he clymde abooue the rest,
And feard no fall, sithe men it was his guide,
VVhen teaching heads, o
[...]te slip inel
[...]cesest pride.
From roome to roome, he stept by true degrees,
And mounts at length, to soueraigne Iustice place
VVhere long he sat,
He liued 23 yeares to this
[...]
cheefe Iudge of cōmon Pleas,And to say truthe, he sare with Iustice grace,
VVhose sacred will, was written in his face,
Setled to heare, but very slowe to speake,
Till either part at large his minde did breake,
And when he spake he was in speeche reposde,
His eyes did searche,
He contraryed Arist opinion, Amor et odium, et proprtum comodum semper facet indices non cognoscere verum.
the simple sutors harte.To put by bribes, his handes were euer closde,
His prosesse Iust, he tooke the pooremans part.
He rulde by Lawe and lystned not to Arte.
These foes to truthe, looue, hate and ptiuate gaine,
which most corrupt, his conscience could not staine
The freendles wight, which did offēd through need.
He euer more,
A good consideration.
with mercy did respect.The prowder cheete, that did his Trespasse feede,
Through trust to freends, with scourge of law he
for by the fault, not freends he did direct. checkt
Thus he with grace, the poore mans loue did draw,
And by sharpe meanes, did keep the prowd in awe.
As good things are,
Summum ius est ium. ma iniuria.
by cuill men ofte abusde,euen so the lawe, to wrong sometime is wrest:
The lawe pronounst, no trauell herefusde,
To ease their greefes, whom that he foūd opprest,
And fewe so bad as disobay de his heast,
The testimony of a good conscience.
This he good Iudge, in circute as he rode,
As cause requyrde, still as a Chauncelor stoode.
Fit men he did,
Sufficient men ought to be placed in offices, because they are seruaūrs of the common weale.
in office euer place,and ofte put by, his freends and neerest kin:
Affirming though the gifte were in his grace,
The Common weale, cheefe intrest had therein,
And therefore meete, the worthy should it win,
VVords like himself, who fauoured publique good
Before then gaine, that were spronge of his blood.
VVhere he was borne, all sorts his bountie knew,
He still: stay de strifes, in places as he goeth:
At VVestminster, his death poore sutors tewe,
Who for the poore, was Iudge and pleader bothe
The riche mans cause, he fauord but in trothe.
Where as he dwelt, the County sounds this mone,
[...], the good Lord Dier now is gone.
And not alone, but all the realme besyde,
His fatall losse, haue cause for to lament:
VVho father was of lawe, which right dooth guide
And as his Childe, the same to Iustice bent
VVhich to his will the Iudge vniust dooth rent,
Sic volo, sic Iubeo, stet pro ratione voluntas.
But he good man, did washe his hands fro wronge,
And sildome sought, to laye his foe alonge,
He neuer raylde, nor rag'le atfaulty men,
But in good woords, gaue sentence of their paine:
VVhere grace he spi'de, he gaue such counsell thē,
As many euill, to goodnes he did gaine,
From selfe reuenge, he euer did refraine.
And yet seuere when it with Iustice stoode:
A
Tullie right, all for his Contryes good.
He did not prie into his neighbours state,
Vnlesse it were for to sustaine his right:
His godly minde, flew no ambitious gate,
But in the meane, did euermore delight.
whē climing heads, oft reache beyond their might
He iustly did discharge his charge assynde,
And neuer wrought, to crosse his soueraignaminde
Lords Letters sent, to winke at some abuse,
He aunswerd thus,
I am to Iustice sworne:
I must offend, or your desire refuse,
which woords to deeds, he euer more did tourne:
Yet in such sorte, as reau'd conceight of scotne:
Thus say lde the best, from Iustice him to drawe,
VVhen most men make, the mighties will a lawe.
The Lawyer lewde (as many naughty are,)
And yet the law,
Needefull reprehention.
to cloke their wrongs do straine:He thus would check, this string my frend doth iar
You of the Lawe would make a backsword faine,
For others eg'de, for your offences plaine.
You can by lawe, vnpunisht steale a Farme,
But mend, or hell will sure your catcas warme.
You not sustaine,
Non facias altrui quod non vis tibi fieri. Ignorantis iuris non excusat.
but doo the lawe oppresse,And so a foe vnto the Common weale.
Lawe frends the good, & dooth the leawd suppresse
& you would make, the good her vengeaūce feele
Your neighbor vse, as he with you should deale.
Gods lawe sayth so, with which ours ought agree,
VVhich learne for ignoraunce no plea wilbe.
The like aduise he dayly did bestowe,
Vppon all sorts, as their vocations were:
The spender, he the paines of want would showe,
The greedy man, how that his catke and care,
Fastned on goods for other men to share.
Shrowd mes complaints, he in this check did blame
The blinde for floth may ill vpbraide the lame.
The labouring man, that liues by sweate of blowe,
If him he found, in wrangeling to delight:
He thus would charme:
good neighbor ply the Plow
Lawe tireth such;
Sute of lavv is greeuous. to all men.
as haue freends coine and might,
Let honest men. be
[...]aies men of thy right.
Thus he good Iudge the poore mās wealth did prise
Before their gaine, which by the Lawe dooth
[...].
One all degrees, in counsell or in meede,
He thus performde the office of a freende,
The fatherles and VViddowes he did feede,
Sustainde their rights,
The of fice, of a good man.
their iniuries did end,A
Cato right, that did his substaunce spend
On such as lackt affirming how that these,
His Chuldren vvere, VVile, kinsefolke and alyes.
For publique good, whē Care had cloide his minde,
The onely ioye for to repose his sprights.
Was Musique sweet, which showd him wel inclind
For he that dooth in Musique much delight,
The vertue of Musique,
A conscience hath, disposed to most right.
The reason is, her sound within out eare.
A Symphathye, of heauen we thinko we heare.
And therefore calde, the Image of the soule,
Forth of the hart, which care & greefe dooth wrest
The Swan in songs, her passing Bell dooth knowle
The Nightingale▪ with thornes against her brest,
Dooth wake to singe, when other birdes doo rest.
(As showen before) for to deceiue their paine,
VVhose tormēts else would make thē crie amaine.
This vvas his life, to vvorke his Countries vveale,
He did his health, vvith care and studdie vvound;
VVhen as his minde diseased he did feele,
This vvas his ease, sweete harmonie did sounde,
Thus all vvas good, vvhereto himselfe he bound.
But some the best,
[...]emo sine
[...]crimine v
[...]uit.
vvith enuie vvill assaulte,And carping saye, none liues without a fault.
I graunt it true (but theires more greater are)
the Bee sometimes, the huswiues hād doth stinge,
But with his Combe, the householde better fare,
So good men do, themselues with trespas wringe,
And with good deedes, a number profit bring.
Now see if these through sorrow purchase grace,
Offend like those, that would their fames deface
No Enuie no, thy Barke stayes on a shelfe,
The vertuous are,
The enuious vvound themselues.
with such a Mirror armde,As doo returne thy Darts vpon thy selfe,
Their bodies ofte, I graunt by thee are harmd.
but their good deedes are frō thy venim charm'd,
VVherefore in spight of Enuie, Time, and Death,
This Iudges fame, my muse shall keepe in breath.
Not like his worth, whose life before is tould,
the more out losse, his death doth now draw neere
Yet when he was, infirmed weake and olde,
In Iustice seate, his iudgement still was cleare,
Yea to his end he traueld sutes to heare.
Yeares could no whit his memorie asswadge,
VVhen many wise are childish in their age.
VVell Time, in time, what worldly is will weare,
And more will waste, the world it selfe to naught,
The Cannons force, the lofty Towers teare,
The strongest man, how proude so be his thought
In trackt of time, vnto his Graue is brought.
Euen so this Iudge, when as his time was come,
Could by no Plea, defer his fatall doome.
VVhen Sicknesse came, the messenger of death,
He patiently, his sommons did obay:
See heere the end, of all that draweth breath,
Night clowdes (quod he) the sun & brightest day.
The huge high Oke, a blast dooth ouerwaye.
So Prince, not peere, to saue them from the graue,
Noe Charter haue, more then wretched stand.
A heauy tale, vnto the worldly wight,
That hath health, wealth, and in his bowels peace,
But folish man, and foe to thy delight,
Thy sorrow leaue, thou liu'ste by this discease.
As buryed corne, consumes ere it increase.
For flesh and blood, no lasting life can giue,
But beeing dead, the soule dooth euer liue.
If mén with zeale this difference foresawe.
A chaunge in life,
The imperious subscription of the Pope in his commissions and warrants, alluded vnto tiranous Prynces which make their wyls a lavve.
I hope would foorth with bee:
Fiat per me, could neuer stand for lawe,
The Cleargies workes, should with their wordes agree,
The Iudge would Iudge, as he would Iudged be,
This sentence would, the murdrers hart affright,
The sheathe shall woūd; who with the sword doth smight
And to be short, all sorte of men would learne,
To liue, to die, and die to liue againe:
For what auay les, a world of rule to yearne,
To lose the soule, and leaue the same in fyne,
Bothe lands and goods, men must of force resigne
And onely keepe their actions good and bad,
Them to condemne, or else with joyes to clad.
More would I saye, if greefe to ease gaue place.
But all in vaine, weakenes commaunds my wyll:
The tyred Iade, dooth trip at euery pace,
when pampred horse, doo praunce against the hill,
So fewe woords, the sicke mans hart dooth kyll.
VVhen healthfull men, with long discourses play,
But what is breefe, may best be borne away.
These woords and more, of more deuine regarde,
He soundly spake, when as his hart was ill:
His seruaunts paines he largely did rewarde,
To Orphants poore,
He gaue to the Hospytall of saynt Bartholmea tvvo fayre houses and to other Hospitalles and almes houses money and lyuinges
whose Father he was still,Bothe lands and goods, he did bequeathe by will▪
And other gifts of charitie did giue,
VVhich scape my Pen, but make his same to liue.
Lords claime (quod he) a Heriot of the dead,
A homage dew, and men their rights must haue.
Bound to my Prince, by seruice, looue and dread,
Tys iust I paye, a Heriot for my graue,
VVherefore I will, her Maiestie shall haue,
My Diamonde,
He bequethed the Queenes Maiestie his Coller of Esses and a very ritche Diamond.
and my Chaine of honnor eke,So showde his zeale, at death was not to seeke.
His worldly wyll, in order thus dispos'de,
His care was past, he found his conscience cleare:
VVho yet aliue, through hope in heauen repos'de,
And neither hell, the Diuell nor Death did feare,
Thus like a Taper light, his life did were.
And in the end at
Stawghton he did die:
VVhere longe helyu'de, and little liu'de awrye.
The heuē his soule, the tomb thus shrowds his corse
the world his fame, while world doth last wil keep
Vnto the wyse, his deeds remay ne in force;
VVho for his death, their harts in sorrow steepe
But wronged men haue cause on cause to weepe
VVherefore of right, for euery eye to see,
VVheteas he lyes this moneing rau'de would be,