¶ A remembrance of the precious virtues of the right Honourable and reverend judge, Sir james Dier, Knight, Lord chief justice of the Common Pleas: Who deceased at great Stawghton, in Huntingdon shire, the 24. of March, Anno. 1582. The report of George whetston's, Gent. Form nulla fides. ¶ Imprinted at London by john Charlewood. The Right Honble. Charles 〈◊〉 Bruce of Ampthill (Son and Heir Apparent of Thomas Earl of Ailesbury) and Baron Bruce of Whorleton 1712 ¶ To the right Honourable Sir Thomas Bromley Knight, Lord Chancellor of England, and of her majesties most Honourable privy Counsel, George Whetstones, wisheth long continuance of honour, health and happiness. (⸪) RIght Honourable, so blessed hath been the estate of this little Realm, since the hour of her sacred Majesties most prosperous reign, as it hath been a question, whether the people of foreign nations, do bemoan their own calamities, or envy our felicity moste: and as the godly wise, insert the miseries of other people, to the vengeance of God, executed upon their own bowels, through the tyranny of their Kings, together with the ambition and envy of their principal Magistrates: so do they also acknowledge, that our especial happiness, proceedeth from the divine blessing of the highest, who in the heat of percicution graciously sent us, a most gracious Princes, led by a spirit, only composed of piety, bounty, and pity, and further, strengthened her highness with a Senate, and other needful magistrates▪ so grave and politic, as establish wholesome laws, for the public benefit of her majesties Subjects, and withal, with lynxes eyes so pry into foreign practices, that by their wisdoms, in the beginning, they return the weapons provided for our mischiefs, into the practisers own entrails, so that more for fear then love (being through the world for our prosperity envied) we have free passage in foreign nations, and find the seal of peace, upon the Gates of our own Cities▪ which duly considered, that English subject may justly be proclaimed enemy to grace & humanity, that rendereth not hearty thanks unto God, dutiful obedience unto her Majesty, and reverent love and affection unto the Magistrates, for this peace plenty, and protection, and seeing foreign writers, that have their Colleges environed with Arms, find means to present the world, with the tyrannies of their Magistrates, oppressions of the people, and ruins of their Cities. English Historiographers which have quiet recourse unto the Muses, are bound to eternize the memories of the good magistrates deceased (who were the instruments of our blessings, that the dead may have their right, and the living encouragement to virtue. Right honourable, bound by these considerations, to discharge the office of a poor writer, in monuments extant, I have registered the lives of many worthy personages diseased, and at this present moved with the passion of a common sorrow, to show the reverent zeal I bore unto justice, I have made a weak remembrance of a few of the precious virtues, which governed the good Lord Dyer, late chief justice of the Common Pleas, which I humbly lay before your Lordship's searching judgement, no better garnished then Diamonds set in Brass, assuring myself that your honour will read his full merit, if not in my words, in the working of your own virtues, who with the wings of this just justiser, are mounted into the sovereign seat, of justice Capitol, where poor injured suitors zealously pray, long to enjoy your countenance whose conscience is the ease of their oppressions, so that knowing that my endeavour, shall find grace in your gracious sight, being the dew of this good Magistrate, and a testimony of the service I vow unto your virtues. I boldly approach your presence with this simple present, leaving the view thereof to your good Lordships most convenient leisure, the 17. of May. 1582. Your Honours bounden to do you service. George Whetstones. A remembrance of the precious virtues of the right Honourable and reverend judge, Sir james Dier, Knight, Lord chief justice of the Common Pleas. LIdgate, Bawldwin, and many writers more, the heavy faults of naughty men have shown When their good deeds, The most famous Orrators & Poets of Greece, were hired by Queen Artimisea to eternize the life virtues of her husband Mausolus. to tell they all are slow, Whose virtuous lives deserveth to be blown: with such shrill trumps, as made Mausolus known The cause (think I) through ruthemens' harms they raise And do envy to sound the worthies praise. But so or no, the wrong doth much increase, which my weak muse, hath laboured long to right Who living in a chosen place of peace, where virtue reigns, & conquers envies might: The weapons of virtue. who not with lance, but laurel bough doth fight Her Cheefetaines then, of writers justly claim, That Death not time, their memoties may maim. Among the more, that worst may pay this debt, upon the good, I have bestowed my zeal: Not like their worth, but able wits to whet, For to expose their virtues every deal, Who stays were of our happy common weal. That their good rules, such as succeed may guide, And live by Fame, as they had never died. To both effects (who living did no wrong) The breathless course of good james Dier knight; Of Common Pleas, A custom with which the Venetians in their funetals, do honour their Magistrates the Lord chief justice long, In Scarlet Robes, I lay in open sight, To show that death, o'er honout hath no might. Whose deeds do shine, as Diamonds in the dark And lives, though dead, if to his Fame you hark. Like him that long against the son doth gaze, To pry into his virtues, dim my eyes: Whose Monuments, shine as a Pharaoh's blaze, In judgement just, Meet virtues for a judge, in counsel grave and wise, Clearer of doubts, in law like clouds which rise. A live refuge, of those whom wrong did pain, A Dyer such, as died without a stain, But to describe this worthy judge at large, Let it suffice to show from whence he came: He was borne in an house of ance〈…〉 worship. The purple Grape, a Thorn doth never charge, Nor rascal raze, oft breeds a Child a fame, His birth was good, his acts do blaze the same. In worship borne, in honour he did end, Ray sde by desert, Virtue the best Cognizance of a Gentle. and not by sat, or friend. In tender years, he was to learning set, And Vessels long, their seasoned liquors taste: As time grew on, he did to Oxford get, And so from thence, he was in Strand Inn placed, Strand Inn sometimes an Inn of Chancery. But him with fame, the middle Temple graced. The depth of law, he searched with painful toil, Not cunning Quirks, the simple man to spoil. His wi●te was quick, his judgement was as found, His Clients such, as wear with wrong oppressed: His conscience good, A good example for lawyers. him first with credit crowned, who with much care, his clients wrongs tedrest. By virtue thus, he clymde above the rest, And feared no fall, sith men it was his guide, When teaching heads, o●te slip inel●cesest pride. From room to room, he stepped by true degrees, And mounts at length, to sovereign justice place Where long he sat, He lived 23 years to this 〈◊〉 chief judge of common Pleas, And to say truth, he sare with justice grace, Whose sacred will, was written in his face, Settled to hear, but very slow to speak, Till either part at large his mind did break, And when he spoke he was in speech reposed, His eyes did search, He contraried Arist opinion, Amor et odium, et proprtum comodum semper facet indices non cognoscere verum. the simple suitors heart. To put by bribes, his hands were ever closed, His profess Just, he took the poorman's part. He ruled by Law and lystned not to Arte. These foes to truth, love, hate and ptivate gain, which most corrupt, his conscience could not stain The freendles wight, which did offend through need. He ever more, A good consideration. with mercy did respect. The prouder cheete, that did his Trespass feed, Through trust to friends, with scourge of law he for by the fault, not friends he did direct. checked Thus he with grace, the poor man's love did draw, And by sharp means, did keep the proud in awe. As good things are, Summum ius est ium. ma iniuria. by evil men oft abused, even so the law, to wrong sometime is wrest: The law pronounced, no travel herefusde, To ease their griefs, whom that he found oppressed, And few so bad as disobey the his hest, The testimony of a good conscience. This he good judge, in circuit as he road, As cause requyrde, still as a Chancellor stood. Fit men he did, Sufficient men ought to be placed in offices, because they are servants of the common weal. in office ever place, and oft put by, his friends and nearest kin: Affirming though the gift were in his grace, The Common weal, chief interest had therein, And therefore meet, the worthy should it win, Words like himself, who favoured public good Before then gain, that were sprung of his blood. Where he was borne, all sorts his bounty knew, He still: stayed strifes, in places as he goeth: At Westminster, his death poor suitors tewe, Who for the poor, was judge and pleader both The rich man's cause, he favoured but in troth. Where as he dwelled, the County sounds this moan, 〈◊〉, the good Lord Dier now is gone. And not alone, but all the realm beside, His fatal loss, have cause for to lament: Who father was of law, which right doth guide And as his Child, the same to justice bend Which to his will the judge unjust doth rend, Sic volo, sic jubeo, stet pro ratione voluntas. But he good man, did wash his hands fro wrong, And seldom sought, to lay his foe along, He never raylde, nor rag'le at faulty men, But in good words, gave sentence of their pain: Where grace he spied, he gave such counsel them, As many evil, to goodness he did gain, From self revenge, he ever did refrain. And yet severe when it with justice stood: A Tully right, all for his Country's good. He did not pry into his neighbour's state, Unless it were for to sustain his right: His godly mind, flew no ambitious gate, But in the mean, did evermore delight. when climbing heads, oft reach beyond their might He justly did discharge his charge assind, And never wrought, to cross his sovereign aminde Lords Letters sent, to wink at some abuse, He answered thus, I am to justice sworn: I must offend, or your desire refuse, which words to deeds, he ever more did turn: Yet in such sort, as reaved conceight of scotne: Thus say ide the best, from justice him to draw, When most men make, the mighties will a law. The Lawyer lewd (as many naughty are,) And yet the law, Needful reprehension. to cloak their wrongs do strain: He thus would check, this string my friend doth jar You of the Law would make a backsword feign, For others eg'de, for your offences plain. You can by law, unpunished steal a Farm, But mend, or hell will sure your catcas warm. You not sustain, Non facias altrui quod non vis tibi fieri. Ignorantis juris non excusat. but do the law oppress, And so a foe unto the Common weal. Law friends the good, & doth the lewd suppress & you would make, the good her vengeance feel Your neighbour use, as he with you should deal. God's law saith so, with which ours ought agree, Which learn for ignorance no plea willbe. The like advise he daily did bestow, Upon all sorts, as their vocations were: The spender, he the pains of want would show, The greedy man, how that his catke and care, Fastened on goods for other men to share. Shroud mes complaints, he in this check did blame The blind for sloth may ill upbraid the lame. The labouring man, that lives by sweat of blow, If him he found, in wrangeling to delight: He thus would charm: good neighbour ply the Blow Law tireth such; Suit of la is grievous. to all men. as have friends coin and might, Let honest men. be ●aies men of thy right. Thus he good judge the poor man's wealth did prize Before their gain, which by the Law doth 〈◊〉. One all degrees, in counsel or in meed, He thus performed the office of a friend, The fatherless and Widows he did feed, Sustained their rights, The office, of a good man. their injuries did end, A Cato right, that did his substance spend On such as lacked affirming how that these, His Chuldrens were, Wile, kinsfolk and allies. For public good, when Care had cloyed his mind, The only joy for to repose his sprights. Was Music sweet, which showed him well inclined For he that doth in Music much delight, The virtue of Music, A conscience hath, disposed to most right. The reason is, her sound within out ear. A Symphathye, of heaven we thinko we hear. And therefore called, the Image of the soul, Forth of the heart, which care & grief doth wrest The Swan in songs, her passing Bell doth knowle The Nightingale▪ with thorns against her breast, Doth wake to sing, when other birds do rest. (As shown before) for to deceive their pain, Whose torments else would make them cry amain. This was his life, to work his Country's weal, He did his health, with care and study wound; When as his mind diseased he did feel, This was his ease, sweet harmony did sound, Thus all was good, whereto himself he bound. But some the best, ●emo sine ●crimine v●uit. with envy will assault, And carping say, none lives without a fault. I grant it true (but theirs more greater are) the Bee sometimes, the housewives hand doth sting, But with his Comb, the household better far, So good men do, themselves with trespass wring, And with good deeds, a number profit bring. Now see if these through sorrow purchase grace, Offend like those, that would their fames deface No Envy no, thy Bark stays on a shelf, The virtuous are, The envious wound themselves. with such a Mirror armed, As do return thy Darts upon thyself, Their bodies oft, I grant by thee are harmed. but their good deeds are from thy venom charmed, Wherefore in spite of Envy, Time, and Death, This judges fame, my muse shall keep in breath. Not like his worth, whose life before is told, the more out loss, his death doth now draw near Yet when he was, infirmed weak and old, In justice seat, his judgement still was clear, Yea to his end he traveled suits to hear. Years could no whit his memory asswadge, When many wise are childish in their age. Well Time, in time, what worldly is will wear, And more will waste, the world itself to nought, The Cannon's force, the lofty Towers tear, The strongest man, how proud so be his thought In tracked of time, unto his Grave is brought. Even so this judge, when as his time was come, Can by no Plea, defer his fatal doom. When Sickness came, the messenger of death, He patiently, his summons did obey: See here the end, of all that draweth breath, Night clouds (quoth he) the sun & brightest day. The huge high Oak, a blast doth overwaye. So Prince, not peer, to save them from the grave, No Charter have, more than wretched stand. A heavy tale, unto the worldly wight, That hath health, wealth, and in his bowels peace, But foolish man, and foe to thy delight, Thy sorrow leave, thou liv'st by this disease. As buried corn, consumes ere it increase. For flesh and blood, no lasting life can give, But being dead, the soul doth ever live. If méns with zeal this difference foresaw. A change in life, The imperious subscription of the Pope in his commissions and warrants, alluded unto tyrannous Princes which make their wills a law. I hope would forth with be: Fiat per me, could never stand for law, The Clergies works, should with their words agree, The judge would judge, as he would judged be, This sentence would, the murderers heart affright, The sheath shall wound; who with the sword doth smite And to be short, all sort of men would learn, To live, to die, and die to live again: For what avails, a world of rule to yearn, To lose the soul, and leave the same in fine, Both lands and goods, men must of force resign And only keep their actions good and bad, Them to condemn, or else with joys to clad. More would I say, if grief to ease gave place. But all in vain, weakness commands my will: The tired jade, doth trip at every pace, when pampered horse, do prance against the hill, So few words, the sick man's heart doth kill. When healthful men, with long discourses play, But what is brief, may best be borne away. These words and more, of more divine regard, He sound spoke, when as his heart was ill: His servants pains he largely did reward, To orphans poor, He gave to the hospital of saint Bartholmea two fair houses and to other Hospitals and alms houses money and livings whose Father he was still, Both lands and goods, he did bequeath by will▪ And other gifts of charity did give, Which scape my Pen, but make his same to live. Lord's claim (quoth he) a Heriot of the dead, A homage dew, and men their rights must have. Bound to my Prince, by service, love and dread, 'tis just I pay, a Heriot for my grave, Wherefore I will, her Majesty shall have, My Diamond, He bequeathed the Queen's Majesty his collar of Esses and a very rich Diamond. and my Chain of honour eke, So showed his zeal, at death was not to seek. His worldly will, in order thus dispos'de, His care was past, he found his conscience clear: Who yet alive, through hope in heaven repos'de, And neither hell, the Devil nor Death did fear, Thus like a Taper light, his life did were. And in the end at Stawghton he did die: Where long helyu'de, and little lived awry. The heaven his soul, the tomb thus shrouds his corpse the world his fame, while world doth last will keep Unto the wise, his deeds remain in force; Who for his death, their hearts in sorrow steep But wronged men have cause on cause to weep Wherefore of right, for every eye to see, Wheteas he lies this moneing rau'de would be, ¶ In obitum venerabilis et Consularis viri jacob: Dier Equitis aurati et iurisperitssimi Epitaphium. Conditur in tumulo Cato nostri temporis isto, conditur: O maestas Consulis ex●●ias: Flet Princeps: lugent proceres: et cord sub imo plebs fundit refluas cum gemitu lachrymas. Et merito: nam fautor erat virtutis et auctor Consilijque simul, justiciaeque Parens. Et vitij durus judex, censorque malorum et pius: et multis vir generosus avis Et semper bonus ille bonis fuit: ergo bonorum, sunt illi demium pectora Sarcophagus. Vivit post funera virtus.