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THE VINDICATION OF The Law: So far forth as Scripture and right Reaſon may be Iudge, and ſpeedy Iuſtice (which exalts a Nati­on) may be advanced.

VVherein is declared what manner of perſons Chriſtian Magiſtrates, Iudges, and Lawyers ought to be.

By Iohn Cooke of Graies Inne, now chief Juſtice of the Province of Munſter, 1652.

LONDON, Printed for Matthew Walbancke, and are to be ſold at his ſhop at Graies Inne Gate, 1652.

The Vindication of the profeſſors and profeſsion of the Law, ſo farre forth as Scripture and right reaſon may be Iudge and ſpeedy Juſtice, (which exalts a Nation) may be advanced.

EVery Anonimous impreſſion though nothing but truth ſhould be publiſhed (ſpecially in a divided Kingdome, where truth uſually gets as many Enemies as Freinds) is in my opi­nion a breach of the Peace, as tending di­rectly to make diviſions, and breed quarrells by expoſing every man to unjuſt cenſures; for that Child which has no legall Father, is every mans Child in vulgar reputation,Qui non habet patrem popu­lus eſt illi p­tor. then differences in Judgment unhappily through the pride of mans nature generate diſaffections: my ſelfe having beene brow-beaten as conceived to have a hand in ſome impreſſions whereas I had not a finger in any print, ſince theſe (commonly called) unhappy times, and I confeſſe in many reſpects ſo they are, though for my owne particular, I looke upon them as the moſt glorious times that ever were ſince the Apoſtles, becauſe I doubt not but Anti­chriſt, and all the Enemies of Jeſus Chriſt ſhall bee utterly deſtroyed, and He ſet upon the Throne which God grant.

Hee that thinkes he writes a truth, why ſhould hee be a­ſhamed to owne it? let him in the name of God ſtand boldly2 to it, for great is te truth both divine and morall, and it ſhall prevaile every Chriſtian is bound to free that which makes him Free, And when the iſſue is legitimate, no man denyes to be called Father, but every nameles Pamphletbb〈…〉〈 in non-Latin alphabet 〉. condemnes it ſelfe, and makes both the Author and Printer guilty of a conſpiracie againſt the Kingdome, for which I conceive they may be indited, and bound to their good behaviour, which if it be croſſe grained to his opinion who is author of a treatiſe con­cerning the liberty of the Preſſe, who is certainely a moſt inge­nious & rational Gent. at leaſt we agree in the root as Brethren.

The motive inducing mee hereunto is, that I finde a gene­rall aſperſion, caſt upon our profeſſion, which wee ought in honour to vindicate, for the difference will ſtand thus: when a particular perſon is abuſed, many times it may bee the moſt Chriſtian prudence to neglect a Calumny and let it die, as the rule isccMulta nononfirmantur tacendo, Sed deſpiciuntur nonefellendo. many things are rather deſpiſed then confirmed by Silence. But when Courts, profeſſons, or trades are traduced, then in ſuch a caſe an Anſwer muſt be given, as obliquely con­cerning the whole Kingdome, it reflecting upon the wiſdome of the Supreame power to ſuffer generall abuſes, and Silence may be interpreted to be a conſent according to the common ruleddQui tacet conentire vi­dtur. Silence gives conſent, which how ever learned Dodridg qualifies with this reſtriction when it is for the benefit of him that is ſilent,eeQando lo­quitur pro ejus Commado ta­cens habetur proonſenti­ente in mate­ria honorabilino vitupe ra­bili. As that of the Jewes to our Saviour,ffohn 8.48. Say we not well that thou art a Samaritan, and haſt a Devill, Ieſus An­ſwered and ſaid, I have no Dvill, implying himſelfe to be the good Samaritan mentioned by St.ggLuke 10.33 Luke. Yet upon the rea­ſon of our Law, if a man ſhall bee called Rogue or Thiefe to his face and hold his peace this may be ſome evidence againſt him, if he be afterwards queſtioned & affronted in the ſame kinde, therefore this being ſold it Weſtminſter Hall ſo as notice muſt needs be taken of it; And conſidering that many of my worthy Brethren are in the Country, and many otherwiſe im­ployed, And when many are concerned in a matter, it is uſually put off fom one to another, and nothing don in it, I re­ſolved therefore to ſay ſomething againſt it, ſomething for it, ſomething about it, ſomething beſides it.

The Advertiſer begines with a Roman ſpirit, and I muſt3 embrace truth whereſoever I meete it, The Roman Barons indeed being ambitious of the Senate and chiefeſt Offices which were conferred by popular election, knowing it to bee the onely way to ingratiate themſelves with the people to get many ſuffrages ſtudied the Law and Phyſicke and pleaded cau­ſes without Fee, ſtudying, as the Cardinal did with a Net till hee had caught the Fiſh, or as it were fiſhing with a Gudgin to catch a Pike, and ſo they had(h)(h)Which occaſioned that miſtake in ſome Hi­ſtorians that there were no Phyſitians in Room for 500 yeares. Phyſitians without Fee. As poore men with us are in all Courts admitted both to ſue and defend, Gratis in forma pauperis, which might bee a ſuffici­ent anſwer to that Roman inſtance, But why ſhould the taking of Fees be counted diſhonourable, which is not a(i)(i)Non mercenarium ſed honorarium merce­nary wages, but an honorary requitall, which may be taken but not required, though I believe many pay a very vauable and meritorious conſideration for what they receave, ſo many(k)(k)Per am­bulatione fa­cienda. walkes taken to Westminſter, and ſuch attendances there that a Porter would ſcarce take the paines for 5 s. that if ſome have too much, others have too little, I confeſſe it were a glorious thing rather to be(l)(l)Optan­dum non ex­pectandum. wiſhed then as yet to bee hoped for, that Miniſters, Conſellors and Phyſitians be­ing of ſuch noble profeſſions, would exact nothing if they had otherwiſe ſufficient,(m)(m)Ne vide­antur id ven­dere quod esti­mari nequeat. leaſt they ſhould ſeeme to ſell that which is invaluable, every man ought to give his Clyent(n)(n)Bonum & fidele Conſili­um. good and faithfull Councell which is ineſtimable for though the paines may, yet the fidelity cannot be required, I have knowne a word put in by an eminent practiſer advan­tage his Client 1000 l. in the way of truth, yet in that caſe he muſt be content with a moderate Fee, and the further requi­tall muſt be in other Coine by a thankfull recognition, or by helping him to other Clients, He that lends me a Horſe which proves ſo ſwift of foote that I eſcape from the enemy, though I pay the horſe hire, I am ſtill engaged to the owner, if by Gods bleſſing upon the Phyſitians meanes a man recover of a dangerous ſickneſſe, health is a Jewell and invaluable, and if not the gift of the Holy Ghoſt, much leſſe can the ſpirit it ſelfe be purchaſed; But yet ſome incouragement there muſt be as a ſpurre to Learning, and what diſparagment is it that a Horſe will not goe without a ſpurre? And in ſuchaſe the Prote­ſtants4 beyond Sea; and the beſt Polititians have allowed cer­tainties as much as may be, as being the mother of quietneſſe, and that which prevents adulation and emulation.

It is conceived by many, that it is maintenance, and con­ſequently puniſhable to ſpeake unaſſigned without a Fee, and that a Lawyer may not ſpeake in his owne cauſe, which are certainly errors, for it may be I may know the Client to bee poore, and it is Charity to aſſiſt him which cannot help him­ſelfe,Quilibet po­teſt renunciare juri pro ſe in­trducto. beſides it is a rule in Law, that every man may renounce his owne benef t, And that a man ſhould not ſpeake for him­ſelfe is againſt the Law of nature, Speech and Reaſon being given to man to glorifie God and vindicate his owne innocen­cie, therefore what ever politike conſiderations may be Coun­terpleaded (as indeed our Law in many things is rather Poli­ticke then morall) as that if one may ſpeake then all, and ſo confuſion at the Barre, and that men will ſpeak too paſſionately in their owne caſes, yet theſe being the indiſpenſable Laws of Nature and Charity, over which there is no humane power, if the Law bee ſo it ought to be altered, as it is reſolved in the Earle of Leiceſters Caſe,lowdnsoument. that an Act of Parliament againſt the Law of God and nature is voyd, but this muſt be cautiouſly underſtood, that I ſpeake not of ſecondary and leſſe princi­pall Lawes of nature; wich are not obvious to vulgar under­ſtandings, I confeſſe the Law is a great enemy to maintenance and imbraceary as being incendiaries giving fewell to all ſuites like that Pirracorax a Corniſh Chough which carryes fire­ſtickes from ground (where fire is made to make it fruitfull) to thatcht houſes and indangers all men.

But to give councell without a Fee muſt rather be a means to end Contentions, and I know no reaſon why I may not aſſiſt an engliſh man as wel as a ſtranger in Caſe of the Alien of Bur­gundy but to ſell debts and maintaine one another In all caſes promiſcuouſly,15 H, 7. 2. is a different caſe, and inſufferable. In the next Declamation againſt Lawyers there is an error at firſt, which like a thred miſplaced runs awry through the whole peece, for though every gneration of men be ſubject to corruption, yet to ſpeak properly, the Councell cannot be corrupted, or bribed, poſſibly the judge may, therfore to ſay that Lawyers were ne­ver5 in that height of corruption as now they are, this clauſe rather ſavoring of ignorance then malice; in ſtrictnes re­quires no other anſwer; But becauſe cuſtom is the Miſtris that makes words ſignificant rather as they are commonly taken, then by the Etimologie, (though herein the ingenious Can­dor of the Law be very obſervable, that in ambiguous expreſ­ſion which admit of a double interpretation, the Law rather ſtrives to heale then to hurt, as when one ſaies of another he hath ſtollen his Apples, becauſe it is indifferent whether they were growing and ſo part of his Free-hold which cannot bee ſtollen, or gathered the words are not Actionable) therefore I take the charge as it is intended, or as the words import in common parlance I hold that to ſeeke for Clients is as pre­poſterous as for a woman to goe a woing, or a Phyſitian to ſeeke for Patients, indeed one of our Hiſtorians ſayes that Serjeants had their ſtations in Pauls, certaine afternoones in Terme time, and every one kept his Pillar, which is either a Cripticall and darke authority, or for ought I know to the contrary might bee meant by Searjeants of the Mace, peep­ing after debtors, but however it were that was time im­memoriall, above the memory of any man lately living, And I cannot believe that Lawyers, for the generality had need to make ſuch diligent ſcrutiny to find out Clients, for ſince Edw. the 3d time (who much honoured the profeſſion as the Mer­chants grew rich ſo ſuites multiplyed, for ill humors will breed in a replete body) the Law hath ever ſince in times of peace much flouriſhed; but that pride ſhould be objected againſt us, I marvaile more and muſt needs ſay that a proud Lawyer is an unſeemly thing, but then that which is pride, in ſuch a one as my ſelfe who lye at Anchor, and beare no ſale is peradventure but keeping diſtance in a great practiſer.

Truly Curteſie and Humility in all, ſpecially in a Lawyer, Miniſter, and Phyſitian is like a rich Chaine about the neck of a Nobleman, the beſt ornament in his Chamber, though many rigid harſh men have gotten by the Law abundantly. I have thought ſometimes that for ſuch a man to hope for Clients, is as if a man ſhould goe to catch birds with a Drumme, ſo cap­tion, in receaving inſtructions, and unaccoſtable, certainly6 curteſie is the moſt precious Pearle that any man in authority can weare, for it buyeth mens hearts, and the greateſt man in being curteous to his inferior looſes no more then the ſunne doth in comparting his glorious beames, I have often thought that a ſtiffe ſtarched proud carriage is not onely a ſigne of an adulterate Gentry, but a breach of the ſixth Commandement, our good Joſephs will not forget their poore brethren in their higheſt proſperity, much more reaſon has a Lawer to be curte­ous who receives a Fee from his Client.

Concerning the largneſſe of Fees, I thinke it a miſpriſion, or elſe ſuch a rarity, that there is little danger it ſhould bee drawne into example, Fees being reduced to a convenient cer­tainty, yet if any man will give 10 l. for a watch that may have one as ſerviceable for 50 s. who ſhall blame him? when I receave my Fee, I reckon that untill I have done that which the Client expects, I am but his pursbearer, for there is a tacit Contract between the Councell and Client, that ſuch bu­ſineſſe ſhall bee done as a conſideration for the Fee, which in equity alters the property of the money, for when a Client brings 10 s. of his, it cannot become, not his, but by his con­ſent or forfeiture; therefore if the Lawyer do not his endeavor to ſatisfie his Clients expectation (though in perſonall things,Quod meum eſt ſine conſen­ſu aut defectu meo alienari non poteſt. the Legall propertie followes the poſſeſſion) yet the Evangeli­call right is in the Client, for though we ſay give him his Fee, yet neither doth the Lawyer take it as a gift, nor the Client ſo beſtow it, But hee which makes his Clients cauſe his owne, and layes it to heart as if it were really his owne caſe, And the matter ſucceeds well; may comfortably take what the Client will freely give, but with this proviſo (for ſo is my opi­nion for the preſent which I ſubmit to my worthy maſters, waiting for more light if it be an error in politiques) that I would not have any man take a Fee from him that cannot ſpare it, I doe not ſay that a man ſhould not take his Fee unleſſe he were in more need of it then the Client, for then rich Law­yers ſhould have very few Clients,) but whereas none are admitted as paupers if worth 5 l. I could wiſh it might rather be unleſſe they were worth 500 l. for can hee that hath a family to maintaine and not worth 100 l. afford to give Fees as they are generally taken, if 20 l. bee due from a conten­tious7 rich man to a poore man that is not worth 20.Anglia fami­lia plernmque ex Septem Gallica, ex Seconſiſtit. l. beſides, and hath ſix or ſeaven in familie, for this man to Commence a ſuit againſt his potent adverſary. Is for a Lambe to contend with a Lion, And if it bee feared that Men would be too Clamorous and never in quiet, it is eaſily Anſwered, that unleſſe there be probable Cauſe of Suit, let him bee puniſhed for a falſe Clamor. I know ſeverall perſons that have juſt debts owing them, ſome by Statutes, judgments, and other ſecurity, which are not able to pay Offi­cers Fees to recover them, yet in great want, though perad­venture worth in Houſeholdſtuffe above five pounds, yet never the nearer; for an extant upon a Bond of 200. li. will coſt 7. li. 10. s. to the Sheriffe to ſerve it, truly it is greatly to bee wiſhed that there might for the preſent be ſome new mixed Court e­rected for the out Pariſhes and Suburbs that poore men might recover their juſt debts, and have juſtice for the expence of five ſhillings at the moſt, for what a ſad thing is it that a poore man cannot ſue for his wages, for a matter of 20.Ne alter alteri Cedat. s. but it will coſt him fortie in the getting of it. But if wealthy men liſt to be litigious, and will contend leaſt one ſhould yeeld to the other, no man of competent underſtanding will blame us for taking our Fees, but with this caution (for truly I muſt adde one graine of Salt for weight and reliſh,) The Client I looke upon as a ſick man, diſtempered, paſſionate, wilfull, and extreme­ly in love with his owne cauſe what ever it be, and many times the beſt advice to a reſolute Client, is but as a good leſſon ſet to a lute out of tune for affections praeingaged draw away the judgement. Now the Councellor in the leaſt meaſure ought not to feed the Corrupt, and Peccant humour, for that is not to act the honeſt Lawyer, but the flattering Courtier, who ſteeres his adviſe by the Starre of his Princes inclination, as our ad­verſary Sathan workes upon our fancies, and the wind makes the waters rage, nor is it inough to tell the Client faintly, that he doubts his Cauſe, but will doe the beſt he can,As the Ger­man Hoſt in Eraſmus, aliud quaeras diver­ſorium. but to deale freely with him, Sir; thus I would doe if it were my owne caſe, if you will not follow my advice, goe to another, you are in a Feaver, and muſt not eat and drinke after your owne appetite I aſſure you thereis great difference betweene one Councellor8 and another therefore the precious ought to bee diſtinguiſhed from others, the Shepherd and the Butcher looke upon the Mutton with a different eye, the one to doe him good, the other to eat him, the Client retains too Councel, the one cares not for the cauſe further then he may gaine by it, how ever it ſucceeds hee deſerves little in Conſcience; the other deſires the Client may have his right, and what is gi­ven him freely he accepts contentedly, but to ſpeake truth, many times the Clients deſerve the blame, and not we, for they conceale the worſt of their cauſe, and ſo for want of a true confeſſion as the Prieſt ſaies, the abſolution is worth no­thing, for proofe being the Chariot which carries the Judge to give ſentence, how can the Councell tell what the ſucceſſe of a difference will bee; which Anſwers a common Cavill, that Lawyers will bee of any ſide, and there is but one ſide true, the truth lies many times in ſuch a deepe well,Vix eſt conten­ta doceri. that every Lawyer hath not a Bucket to draw, Titles of Law are very difficult perplext, knotty caſes which will hardly bee made plaine, the Judge hath one eare for the plaintife, another for the Defendant, but the Councell hath both eares for his Client, yet ſo as if he can diſcover the injuſtice of his Clients Cauſe, (and many times light may be ſeene at a little hole) I am per­ſwaded many of our great practiſers will not maintaine him in it,Deceptio viſus. for truly to ſpeak well in a bad cauſe is but to goe to Hell with a little better grace without repentance, it is but a kinde of juggling by an over curious flouriſh to make a ſhaddow ſeeme a ſubſtance, if any of my profeſſion think they may for their Fee maintaine a ſide which they think is diſhoneſt (be­cauſe in darke times of Popery ſuch opinions have beene held and diſtinctions invented, that if a man have right to Lands and miſtake his Action in ſuch caſe a man may with a good conſcience bee of Counſell with the Defendant, though hee know his Client have no right to the eſtate, (ſuch popiſh eva­ſions are abominable amongſt Chriſtians,) I would fain but aske them ſome ſuch queſtions; whether the leaſt evill may be done to procure the greateſt good? and whether every particular calling muſt not yeeld to the Generall of Chriſtianity? and whether a Chriſtian may doe any thing againſt the truth or9 muſt doe every thing for the truth? and whether to bee wil­lingly inſtrumentall to condemne the innocent, and to juſti­fy the wicked, be not both an abomination to the Lord? and whether he can Anſwer it at the Barre of Heaven,Cadere in cau­ſa. that many a poore man ſhould be undone and want foode and rayment, becauſe he found out ſome formality of Law or defect in the proceedings, yet perſwaded in his Conſcience that the poore man had right to the thing in queſtion; If any man practiſe upon ſuch principalls, I had rather be tongue tied or not know how to write my name. Rather bee the Hall ſweeper and ſhould die with more comfort, but inough, I doubt not but good men will heare reaſon from their inferiours,Labor intuerit. now the Client muſt be admoniſhed who will bring himſelfe into a la­borinth doe we what we can.

Many have left their writings with me, and upon the peru­ſal I have adviſed them not to imbarque in ſuits, how diſcon­tentedly have they gone away with Gouty hands as if I had beene their profeſt Enemy? but ſpeake pleaſing words, tell them their cauſe is good, have honey in your mouth, and then money in the hand, another great fault in the Client is,Placentia. that he will ſeldome take advice in the beginning, but the Bill, Articles, and Indentures, are drawne by ſome illiterate preten­der to the Law, who hath one formilarie for all bargaines, one Saddle for all Horſes,Expectata diſeges allſit avenis: ſo many impertinent words that they ingender ſtrife, ſome Covenants ſo Prolix that a man can ſcatcely ſee the fruit for the leaves, and the error being diſ­covered, the Client poſts to Councell, with an oh Sir, if you, can but cure ſuch a miſtake, how thankfull ſhall I be unto you but the foundation being ſandy, all falls to the ground, and hope deferred makes the heart ſad,I ſpeake not a­gainſt learned Preſidents. that I have often thought that for every contract put in writing concerning the value of 10. l. (and truly I would not have any man queſtion another for above 10. l. unleſſe hee have ſomething to ſhew for it in writing,Melior eſt ju­ſtitia perveni­ens quam puni­ens. which would prevent much perjury and ſubornati­on) if the parties contracting would advice with Councell, to expreſſe their intentions according to Law, this would pre­vent numerous litigation, and preventing Iuſtice is better then puniſhing, becauſe there is no offence commited10 ſo that I profeſſe the Client might purchaſe his quiet at a farre eaſier rate, then hee does, were it not many times for his owne perverſeneſſe, but in all profeſſions and relations there muſt be ſome graines of allowance. Now I come to Anſwer that hearing a Charge, that it is not an unuſual thing (therefore argumentatinely a uſuall thing) for a Lawyer to prevaricate, and Confederate with te adverſe party, this is a pure libell without mixture or blemiſh, I dare ſay that all of us do as much in our Iudgments and practiſes, abhorre all manner of Treachery as our bodies doe in nature loath and deteſt poiſon, the pureſt fountaine is not more free from mud, then the ge­nerality of our profeſſion from perfidiouſnes. It is in Accuſati­ons many times as it is in griefes,L••vs dolores &c. Sene••. great griefes are ſilent, when leſſe are eloquent, this is a ſtrange Giant-like report, ſo far above the meaſure and ſtature of truth, that I want words to give it any other anſwer, H. the 6. being once ſtruck, admiring how any man durſt offer to ſtrike him, ſaid, you wrong your ſelfe to ſtrike the Lords anoynted, but I beleive you did it not out of any ill will to me, but to gaine applauſe, It ſhall be a Royall ſpirit to Condonate Anonimous, whom for my perticular I looke upon as ſome Malecontented Client that loſt his wooll in the Briars, through the injuſtice of his Cauſe or having bin abuſed by ſome ſilly fellow whom he too much truſted, railes upon the Lawyers, it being naturall to the Conquered to appeale to the people,Victieſt pro­vocare ad po­pulum. and therefore as Lewis the 11. that great tax-Maſter ſaid wee muſt give looſers leave to ſpeake, ſo ſay I: but I hope there are few (if any) practiſers now that prolong Cauſes to enrich themſelves, for that is to ad affliction to the afflicted, Hee that does ſo, builds upon the ruines & miſeries of his Brother, that Phiſitian or Chyrurgion which ſhall keepe the wound raw, and torture the Patient to multiply his Fees, feeds upon raw fleſh, And that Souldier which ſhall prolong the Warres to continue his pay lives up­on the blood of poore Soules all which are hard meat, & muſt be vomited up againe by faith in the blood of Ieſus Chriſt,Pro. 20, 17 or elſe it is no hard matter to determine how ſad the iſſue will undoubtedly be, for ſweet is the bread of deceit, but his mouth11 is filled with gravell, but I muſt hedge my way leaſt ſtrange queſtions ſhould enter, we are called neceſſary evills, truly to ſpeake properly no evill is neceſſary, becauſe in reſpect of us it might have otherwiſe beene, not having a neceſſa­ry Cauſe but defective, but it ſeemes he meanes that there is no more neceſſity of Lawyers in a Kingdome, then there is of Woemen who have beene called neceſſary evills, for my owne part; I love not to fiſh in troubled waters, much leſſe Nero like to inflame others to warme my ſelfe, I heartily wiſh that therewere no need of us, further then to ſettle E­ſtates, and adviſe in difficult Law matters, for which there will be uſe of Lawyers ſo long as the world continues, for any thing I can as yet rationally imagine to the contrary: but that many Lawyers ſhould be an evident demonſtration of a decrepit Common wealth, is an ignorance in Politiques, for it is rather an argument of a flouriſhing Kingdome, for wealth increaſing, ſuites will ariſe; though I confeſſe it is ra­ther a diſhonour to any ſtate to have multiplicity of cauſe­leſſe contentions, and it is much to be wiſht that there were neither need of Lawyer, Phiſitian, or Souldier, in the King­dom, for if the King would diſcharge his truſt, & every man deale honeſtly and no ſickneſſe, nor diſtempers, what Hal­cion daies ſhould we enjoy: But when will there be a perpe­tuall ſpring? for as our bodies by reaſon of the continuall ex­pence of ſpirits have need of the Phiſitian who is therefore to be honoured, ſo offences will be given, and differences be daily emergent, becauſe right reaſon does not alwayes man­nage the will, and conſequently Lawyers as neceſſary in a Kingdom. But Anonimous is angry becauſe Lawyers grow Grandees in ſtate,De legibus Anglia as if it were a fault for him that wins the race to weare the garland, Forteſcue obſerves it as a ſpeciall benediction, upon Iudges and great practiſers, that their Children proſper in the world, for the Generations of the righteous ſhall be bleſſed,, and Sir Edward Coke (the Phae­bus and Lipſius of our age whom I the rather mention, be­cauſe we are all beholding unto him, for having diſpelled many miſts of error, otherwiſe a Cloud in many Caſes had12 dimm'd out eye ſights) obſerves that Lawyers have bin the founders of many of our eminent families. And is it not as honourable to get an eſtate honeſtly as to keepe it? neither virtue nor vice is properly hereditary, what diſparagment was it to Abraham that his Father was an Idolater in Vrre of the Culdees? and as little honour to curſed Cham to be the Son of noble Noah, but they who have bin an honour to the Law, why ſhould they not be honoured by the Law? this I obſerve as an argument of humility of the reverend Iudges and Maſters of the robe, which have no title of ho­nour as Iudges or Serjeants, no more then an Alderman hath as he is a Cittizen, whereas the Civilians beyond Sea, give themſelves what titles they pleaſe, and if they ſay the Law is ſo, who can gainſay it? It had bin an eaſie matter for the Iudges of our Law to have adjudged themſelves honourable, Additionall Titles and degrees being matters within the verge of their owne Commiſſion and juriſdiction, and not matter of heraldry, but if the King who hath ever beene ac­counted the ſupreame fountaine of honour, ſhall conferre honour upon them, why ſhould this be ſaid an honouring of the whore? I looke upon humility as an Vſher of honour, and hope that every Iudge ſhall at the leaſt hold by Barony, the place and office being full of ſtate and Majeſtie, for if the habit of a Iudge be vocall and ſtrikes a terror into the wick­ed, and incourages the welldoers (as the Seargeants party coloured Robes Argue their abundance and variety of lear­ning,) how much more a title of Lordſhip and why ſhould not this be virgin honour? I dare ſay no profeſſion hath more hated the whore then this of the Law, have they not in Aegiptian times made a head and oppoſed Antichriſtian Courts; did not Mr. Greene of Lincolneſ-Inne ſuffer Mar­tiredome for it, in Queene Maries daies. And with what Chriſtian Courage did our vvorthy and learned Brethren Mr. Sherfield, and Mr. Pryn oppoſe the ſuperſtitious and Court vanities and the pride of the Biſhops, the latter re­ſiſting unto bloud never to be forgotten, and ſtanding vali­antly for our Lawes by which wee enjoy all that wee have,13 But Anonimous is angry that many have got ſuch great eſtates 10. or 12000. li. per Annum, the matter of fact I ſhall not diſpute it,Faelix eſt cujus proſperitas eſt calcar pietati argentum bo­num eſt non un­de ſis bonus ſed facias bonum. great eſtates lawfully acquired doe not ex­clude any man from hapineſſe, only make the way more craggy, for riches in our Saviours time were like Thornes, and I think they are much of the ſame nature, I confeſſe I doubt our great practiſers finde one maine inconvenience, that they have ſcarce time enough to keep grace alive in the Soule by prayer, meditation and holy Conference, Spiritu­all Zeale (which is the ſeale of the Spirit) being often quenched (if not loſt) in the throng and Croud of overmuch temporal imployments, which made them hereto­fore give adviſe upon the Lords day, a bad Cuſtom, for ſhall we take Fees on that day when Manna was not to be gathe­red upon the Sabbath? Every ſtudent of the Law hath great need to be a practiſer of Divinity, much wiſdome being re­quired to walke in high places, As heavenly Doctor Sibbwould often ſay unto me, ſtudy the Law, but practiſe Divi­nity, he that adviſes or ſtudies before himſelfe hath beene a Client at the Throne of Grace, It is not ſtudy but a ſtu­dious vanity; Botero and Paruta two Italian Politicians to abate the edge of Avarice,Non eſt ſtudi­um ſed ſtudio­ſa vanitas. Optima lex ve­tat peccatum, finding how infinitely and im­meaſurably the Advocates and Marchants were addicted, to filthy lucre, propounded a Law, That no man ſhould get a­bove 20000. l. by his profeſſion or occupation, which be­ing acquired, he ſhould either deſiſt and give way to others or continue it for the publike good, whereby no man ſhould ever bee guilty of Coveting more, becauſe hee might not keep it, I confes it is a very ſad conſideration to ſee how moſt men abuſe their Callings, the end whreof is to ſerve God by ſerving men, he that imployes his talent only to get honours profits and pleaſures, profanes his cal­ling, living to another end then God hath appointed him, Tis true every man muſt labour in his calling to maintaine his Family, but that is not the maine ſcope and end of our lives the true end of life is to doe ſervice to God in ſerving men in our ſeverall ſtations, And for a recompence of this14 ſervice God bleſſes mens honeſt travailes, and allowes them to take moderately for their labours according to the judgment of godly men, but I ſee it is a very hard thing to finde a man that labours in his cal ing in love to Gods glo­ry and his brethrens good; Therefore a Writ which we have in Law will lye againſt many men another day,Contra formam••llationis. N. B. Accipe dum delet. but I know no calling makes more for the happy ſtate of the king­dome then the Law, and I am confident no profeſſion ſo ge­nerous as ours in matter of recompence, the Miniſter wil­bat a certainty for his Tithes, and the Phyſitian will take whilſt it akes, (though I would intreat our honeſt Doct­ors to conſider that for a poore ſicke man to give 10. s. for a Viſit may bee more grievous to him then the diſeaſe it ſelfe,I honour ma­ny of them for their worth & ſweetneſſe.) you cannot take what and where you liſt upon cre­dit, onely you come into our ſtudies, put your Caſe, leave your writings, come as often as you pleaſe and if you leave nothing wee ſcorne to aske you, whereas beyond Sea you cannot peepe into an Advocates ſtudy but hee cryes give, give, and if the Cauſe goe for his Client then he hath his Palmary Fee,Feodum Parl­•••rium. in token of Victory, which I could wiſh were in uſe with us, for he that gaines the cauſe may better afford to give 40. s. then the looſer 10. s.

Concerning our pleadings, This I ſay, that truth is the vertue of pleading, and certainety is the beauty and grace of peading, and I know no difference betweene putting a Caſe and pleading it, but as Logicke and Rhetoricke the ſamething mere largely expreſſed, yet I muſt agree that our pleadings are ſomething difficult and hazardous,Palma pro pugn. and there­fore may it be called a Caſe at Common Law, for the caſu­alty of the ſucceſſe,Caſus a Caſu. but a cauſe in Chancery, for the cleere­neſſe of the matter, Civilians challenge us for not admit­ting doube pleas, ſaying wee force a man to fight, and tye one hand behinde him, as if an Infant Seale an obligation by dures, he cannot take advantage both of Infancy and dutes, by reaſon of duplicity, leaſt the Jury ſhould bee too much incumbred, which if the moſt intelligent Free-hol­ders were alwayes impanelled might peradventure ſatisfie15 that ſcruple when Knights and Eſquiors and the moſt Intel­ligent Gentlemen were Jurors the Kingdome was happy in this manner of tryall, I wiſh it were reduced to the primi­tive practiſe, or that every County might elect ſubſtantiall Jurors who in reaſon ought to have a competent allow­ance for their paines to ſerve annually for all matters,As in Alder­man Langham and Collonell Waltons caſes for though our Reverend Judges doe their beſt (leading the Jury by the eye, and not by the Noſes, giving them all poſſible light in doubtfull matters,) yet it is commonly re­ported that very ſtrong Verdicts have paſt: And for our Colours in Writts of Aſſize and treſpaſſe and plura­lity of Eſſoines in reall actions which are well remedied by tryalls in Ejectments yet remaine difficult for the Client, where entryes are not congeable. And ſome complaine that our proceedings are not in our Mother tongue, a politicke Law left to the wiſdome of Parliament, as the Lawes of France were in Latine untill the time of Francis the firſt, who for a ſumme of money conſnted to have them written pleaded, and all the proceedings in their owne language; and that the ſubject ſhould chooſe his owne Counſell, till which none had Advocates but by the Kings leave,hhPer conge du Roy. Iuriſconſultus potius reſpicit ſcripta, patro­nis verba ad barram, juriſ­prudens rem. Aucupes ſylla­barum & toga­tos vultures qui canina fa­cundia callide exercent cauſas qui carebat ſil­laba perdid t patrimonium As one man cannot have his right be­cauſe the judg­ment is entred conceſſum & conſideratum eſt, another becauſe conſi­deratum or ſome other word is not rightly ſpelled Iſay 29, 21. Obvnum punctum perdit Martinus aſel­lum. There were in Rome, Some Juriſconſulti inferiour to the Patron, Advocates, which only ſtudied a Cabalaſticall unknowne formulary of words, in notes, and Cifers, which would picke a quarrell in every pleading brought unto them. Ci­cero called them hunters for ſillables, worſe than thoſe that will make a man an Offender for a word, that would make a man looſe his inheritance for want of a So, or a, thereof as Martin that laid his Aſſe was white loſt the wager be­cauſe his Advocate found one blacke haire in it, which be­ing found brambes and enemies to State policy were ſtubd up and removed, yet not long ſince Amedens the good Duke of Savoy, hearing complaints made againſt an Advocate, that was a great rubbe in the Alley of Juſtice, ſent for him and told him that he owed his Baker 1000. Crownes, but was not willing to pay him till needs muſt, asking him how long he could delay it before Execution ſhould iſſue againſt16 the Dukes eſtate, the Advocate told him that he could cer­tainly delay him, at the leaſt three yeares, And if his Coun­cell were not extraordinary ſubtill, he ſhould get nothing at the laſt, what ſaies the Duke is this ſufferable? doe not I acknowledge the debt to be juſt? whereupon he cauſed him (how juſtly I determine not) to be executed and excoriated, but the ſtreame of our Law runs in a purer Channell.

It hath beene the great wiſdome of ſeverall Parliaments, to remedy defects in pleadings, and I doubt not but in its due time it wil be taken into mature conſideration, to ripen cauſes for ſpeedy tryall, it being quicke Juſtice cures the lingring comſumption of a State.

I doubt not but England ſhall flouriſh with Religion, and Juſtice; theſe two noble Virgins, ſhall bee ſet upon the Throne hand in hand in perpetuall Concord, I cannot but obſerve the neereneſſe betweene Weſtminſter-Hall and the Abbey, and this godly exerciſe every morning (a Sermon calculated directly for Lawyers and Clients) ſpeakes out that Piety and Juſtice (Maugre all Antichriſtan oppoſition ſhall be married together with an indiſſoluble conjunction, but precipitions and raſh juſtice muſt carefully bee avoyd­ed as a dangerous peſt as that of Piſon,Sen: de ira lib. 1. cap: 16. who condemned one for a ſuppoſed murder of I. G. and his necke being on the blocke, the Conſpirator that had plotted it being there diſ­guiſed, ſaid, hold, I am the man who was ſuppoſed to bee killed the Centurion returned his priſoner with great joy, to Piſon who ſaid Juſtice muſt ſpeedily be done, and the caſe was difficult, therefore ſentenced them all three to be exe­cuted, the firſt becauſe hee was condemned, & fiat Justitia, I. G. becauſe he was dead in reputation, and the Officer becauſe he did not execute his office inſtantly; I am not of ſome Turkes mindes, that ſo the difference be ended, it matters not much whether right be done or wrong, becauſe a peace is made without expence of time or Coyne, but all differences betweene men ought to be ended with as much expedition as conveniently may be according to Law, ſo as no more haſt be made then good ſpeed, but what if legall15 proceedings be too circular, and tedious? I deſire leave to ſpeake to this queſtion, whereof neither Clients nor Coun­cell are properly competent Judges the duty of the one be­ing like good wax, to receive and retain the impreſſion of faithful adviſe; of the other, to be like a good Pilot, to make what haſte he can, to bring his Client to the deſired Haven, and ſurely the ſhorteſt cut to the Harbour is ever beſt; for as the end of War, ſo the end of the Law is peace; now the end of the profeſſion and the profeſſors, ſhou d be the ſame. He that delights in ſuits, loves to be in a ſtorme at Sea, but truly I ſpeak it knowingly, and to the honour of our great practiſers, that they do for their 10 s. give good and faithfull advice, caſting about which way the Client may ſpeedily receive juſtice. And the reverend Judges, when a certain thing is ripened for their judgments, they ſpeedily paſſe a definitive ſentence; and when they ſit pronouncing judgment, me thinks I ſee a rich Cabinet of precious jew­els opened, and admirable reaſons expreſſed, for the full ſa­tisfaction of Counſell and Clients, which I cannot but men­tion for their honour, becauſe beyond ſea, the Judge will give no reaſon of his judgment, and the Sentence is paſt in private, that ſo Judges may not incurre the dangerous diſ­pleaſure of the Client; whereas juſtice with us is publikely pronounced in the gates of our City. But do not Writs of Errour immortalize ſuits? One ſayes, that thoſe wooden Angels which ſupport Weſtminſter Hall, are made of Iriſh oake, that no Spider of errour ſhould hang upon them. An­other ſayes, that in reaſon the errour ſhould be aſſigned be­fore the Record be removed, becauſe for the moſt part, the common errour is only aſſigned, but this ſtring muſt bee touched very tenderly. A ſtone that is ill placed in a build­ing, muſt not violently be removed; it is requiſite there ſhould be ſome breathing time to make ſatisfaction after the Recovery. The Civillians allow dayes of grace to provide the money; whereas our proceedings are ſo ſpeedy, that the party may be taken in Execution the ſame day the judge­ment is entered, and that Execution which is the life of18 the Law, proves many times (through miſerable indurance) the death of the party. To explicate my ſelfe, I muſt pre­miſe two things as undeniable verities; Firſt, that no po­litique Law ought to contradict the Law of God, becauſe only thoſe may marre that can make, and Princes having no hand in the making of Gods Laws, therefore may not diſ­penſe with them. Secondly, No humane Law ought to live any longer then the reaſon of it continues (for reaſon is the ſoue of all humane Lawes without exception,) and there­fore in ancient Kingdomes and States, many politique Lawes wlll be fubject to alteration. Our Anceſtours cer­tainly were great husbands to make it death to ſteal a ſheep, or a Pig worth above 12 d. though it be to ſatisfie hunger; for which by the ſtrict rule of Law, he ought to dye: And ſo it is, if any ready to ſtarve, ſhall take a loafe of bread from a Baker,Lex moralis eſt vivens judici­alis mortua ſo­lumin equitate ceremonialis mortifera. which certainly is againſt the Law of God; for though the judicialls of Moſes are not obligatory to us, yet there is ſo much equity in them, and ſo many direct pre­cepts for mercy, that no cruelty ſhould bee uſed amongſt profeſſed Chriſtians, though it were in new Plantations, where there is more reaſon to make ſharper Lawes in the beginning. Lex dura at regni novitas me talia cogit, Dide in Vrg.At Geneva, and in New-Egland. Adultery is capitall, with us it hath bin ſtanding in a cold ſheet (a very difproportionable puniſhment for the flame of luſt;) ſurely either their puniſhment is too heavy, or ours too light; but the conſtituion of Kingdomes and States is wiſely to be conſidered;Matth. 19.9. as alſo that place in Matthew, if the Adul­terer were to dye, what need any liberty to marry another? for then the civill Magiſtrate ſhould by death diſſolve the obligation: The Law is likewiſe defective, that after ſuch a divorce the parties are not free nor the innocent party to make a new election,Ad alia con­••landa vota. but muſt be neceſſitated to live in ſin which no condition of life ſhould bring a man into, be­ing grounded upon a popiſh diſtinction,Separatio a throet menſaon a vinculo matrimonii. between a ſepara­tion from bed and board, and an abſolute divorce from the bond of Matrimony. And truly that man of ſin. Antichriſt, wreſting the Scriptures, to advance his inſatiable Luxury, Avarice, and Luciferian pride,Ejus avaritiae totus non ſuffi­cit orbis ejus luxuriae meri­trix non ſuffi­cit omnis. prevailed with the moſt po­litique States of his religion, to make ſeverall Lawes that might be as flowers for his garland, (Eccleſiaſticall and Ci­vill Lawes being ſo twiſted together and interweaved as Webbe and Woofe,) that the deſtruction of Antichriſts Kingdome muſt of neceſſity cauſe a review of many Caſes and opinions in our bookes, I ſpeake not of principles and pillars or of the frame and conſtitution of our Law, but of ſecundary concluſions & ſuperſtructures which may by the wiſdome of Parliament be changed or removed without in dangering the ground work, but with wonderfull circum­ſpection and ſerious deliberation, becauſe reaſon is mallea­ble and hath diverſe faces and many times its contrary rea­ſon, and is not equally evident to every mans Capacity, As the poore Widow ſaid to a deere friend, if my husband had beene juſtly put to death, it would not have ſo much grie­ved me, what ſayes he hadſt thou rather thy husband ſhould dye, nocently then innocently? So the Philoſopher of his Wife if hanſome pleaſing, if deformed, honeſt, it was retor­ed, if hanſome in danger to be diſhoneſt, if deformed loath­ſome; therefore that which we call the reaſon of Law is not every naturall mans reaſon but a practicall and ſtudied expe­rience acquired by much induſtry and long obſervation.

In that caſe which I put of the divorce it is very neceſſary to ſettle ſome Law concerning mariages, for as I conceave many of the Popes Cannons are yet in force amongſt us,Tedivitae. concerning that particular, that after a divorce, there may be liberty to marry againe in the Lord, By the Law, if the Father through the tediouſneſſe of life kill himſelfe (which is cauſe of griefe ſufficient to the poore Children) yet all the perſonall eſtate is forfeited to the Kings Almoner a Po­piſh Conſtitution,Dame Hales. Caſe Com. Stamford. upon this ground that the King is ſu­preame Ordinary, and will diſpoſe of his eſtate for the good of his ſoule, and the poore Orfans left to begge, this is to adde more weight to the oppreſſed, Nay if the Wife kill the Husband the pepſonall eſtate is forfited from the Chil­dren; So in Leonard Sonir Caſe,11. Rep. 83. Grauatis ad­dere gravami­na. the heire ſhall be in ward though he hath no eſtate left him, and the booke Corfeſſes that affliction is added to the afflicted; for the prevent­ing whereof and for the enfranchiſing of our Noble Gentry (for truely it is but a gentile Villenage) I hope that COURT will be aboliſhed before any further miſ­chiefes happen,Villenagium gentile & fer­vile. which hath beene an eminent badge, and ſpecial livery of the Norman Conqueſt, the Conqueror to mixe the Engliſh and Normans, manacled and conſtrained the will and conſent in point of marriage which as the ap­ple of Contention betweene man and wife hath tended to the deſtruction of many families,Duriſsimum eſt ut matrimo­nium non fit liberum unde naſcantur li­beri. it being the hardeſt thing in the world, That mariage ſhould not be free amongſt free people, truly that I may ſpeake my mind freely, as it is free of its owne nature, I conceive there are many defects in our Law, both in matters Criminall on the Crown ſide, and Civill, As that witneſſes ſhould not be examined upon oath for the priſoner as well as for the King, that Counſell is not allowed as well for matter of life, as for eſtate, that ſo many men ſlayers eſcape upon the Law of man ſlaughter, I know by reaſon of the valour and heate of Engliſh ſpirits it has been an ancient Law: but upon ſerious conſideration, I feare that the Land has beene defiled with much bloud by that meanes, not as yet waſht off, indeed in caſe of an aſſault, the Law makes every man a Magiſtrate to defend himſelfe, but to kill a man for a Box of the eare, or any man that I may ſave without manifeſt danger of my owne life is death by all other Lawes in Chriſtendome,As murdedrum for murde­rum, ſeloniter for ſelinice, &c. Rep. 121. but the Statute of ſtobbing is a moſt excellent Law, That a Murder or other grievous offender ſhould eſcape for an error in the in­ditement, in a word or Letter is horrible, for Juſtice ſhould be ſpeedily executed upon Delinquents, the want whereof is many times an occaſion of terrible enormities, So that if the Clerk or proſecutor wil but inſert one inſenſible word into the Inditement, A Ravillat or a Vaux may peradven­ture eſcape for the preſent, and then men are apt to ſay he was tryed once and acquitted, and the proſecutors being diſcouraged ſeldome is any man further queſtioned, as in Lambes Caſe who being indited for Witchcraft for exerci­ſing certaine diviliſh Arts,Artes venefi­cas non diabo­licas. exception was taken to the In­ditement23 that it ſhould have beene veneficall Arts, the word Diabolicall being too generall, and many others that have beene by the Jury found guilty of Murther and Capitall of­fences, yet have eſcaped death by reaſon of ſome error in the Inditement, which how diſagreeable to the ſacred Scrip­ture, I ſubmit to better Iudgments, As for the Common Objection, that if the curioſity and exactneſſe of plea­dings ſhould be neglected, ignorance and barbariſme would ſoone be introduced, This puts me in minde of Savage Bo­ners Argument, that if the Scripture ſhould be in Engliſh, and Lay men have liberty to read and expound, the Husband­man would give over his calling, for feare he ſhould looke back, becauſe it is written hee that putteth his hand to the Plough, and looketh back, is not fit for the Kingdome of Heaven, And the Baker would uſe no Leaven, becauſe a little Leven leavens the whole lumpe,Tantum nobonus in Epiſ­copatu. whereunto Reverend Latimer anſwered, let us have it ſo untill men be ſo groſly ignorant, and no longer, if it ſhould pleaſe the wiſdome of Parliament to ordain, that if a caſe be pleaded ſufficiently for mater & ſubſtance that the right is moſt conſpicious & evi­dent, to the judgment of the Court, though there bee ſome Clericall error or miſpriſion, yet the partie ſhall have the fruit and benefit of his ſuit, or if there ſhould be a law made that every defendant in all actions may plead the general iſſuand give the ſpeciall matter in evidence, it would be a great eaſe and benefit for the Subject and why ſhould not every man have as much eaſe in pleading his Cauſe, as Officers do­ing any thing concerning their Office? and as the Subject in informations of intruſion who have that liberty by Sta­tutes, for ſince Juſtice is impartiall,21. Iac. 12. & 14. (it being the honour of our Law, that Iuſtice is to bee had againſt the King) why ſhould not every man have as much freedom, in the meanes and way tending to Juſtice, as a any man whatſoever this I muſt ſay concerning defective pleadings,qui decrevis finem decmedia. that in all reaſon the innocent Client ought not to ſuffer, the loſſe ſhould ra­ther lye upon the miſtaker, bee it Councell, Atorney, or Clerke, who makes an implicte contract with the Kingdome,22 to have skill in his profeſſion, and the Fee is a conſideration of the Aſſumpſit, as the Law in Sicilye is, where there are poi­ſonous wells, if the Cattell drinke there, the Shepherds that are hired to looke to them muſt pay for them, becauſe they die through their negligence, but if any error happen by the Clients miſinformation,Bergieri. hee muſt beare his owne bur­then, I know it will be ſaid in the Caſe of theft, that Clergy is allowed for the the firſt offence, (which I thinke deſerves conſideration, whether it be not ſome kinde of incourage­ment for men to tranſgreſſe in that kinde) but certainely the matter of Clergy is purely popiſh,Why not ſome other ſevere puniſhment though not mortall. for in reaſon it is a greater offence for a Scholler that knowes his duty, and the danger of the Law to offend, then an illiterate man that knowes nothing in compariſon, as in the Leviticall Law, a Bullocke was required to make ſatisfaction for the Prieſts ſinne, which a Kid or a paire of Pigeons would expiate for an ignorant mans tranſgreſſion.

evit. 4.3.All cruelty whatſoever amongſt profeſſed Chriſtians, is diametrically oppoſite to the Goſpell of grace, ſuch as domi­neering and ruling over the bodyes of our Brethren, as wee ſay proverbially make dice of his bones, the meaning whereof is, that if a Priſoner die in Execution after the Crowner has viewed his body, the Creditor hath Dice delivered him at the Crowne Office as being all that he is likely to have, it cannot be preſumed that the Keeper deſires the death of the priſoner, for he gaines by his life, does not therefore the Law preſume malice in the creditor? or elſe why is the crowner more trou­bled then for the death of any other man? And yet if any in whoſe cuſtody they are, be ſo mercifull and tenderhear­ted, as to connive a little at their going abroad, the Creditor complaines againſt him, ſuch Enemies are men, not only to their ſpirituall but temporall eſtates, to which purpoſe I doubt not but the humble Petition and printed Remon­ſtrance of the many diſtreſſed priſoners for debt will bee ta­ken into conſideration by our ever to be honoured worthies and ſages in Parliament; who either have eſtates to ſatisfie (which is hard to imagine, that any man ſhould be ſo deſpe­rate23 & ſhameles to ſuffer ſuch a lingering death by perpetuall indurance, if poſſibly he could help it, nor would the Creditor irrevocably by electing the body diſcharge the eſtate if hee knew of any, though it is to be wiſhed that creditors were in­abled to fel the eſtate, & ſtrictly to examine the debtor, & all ſuſpected truſtees upon Oath: for the diſcovery thereof, who in Caſe of forſwearing ought to be ſeverely puniſhed, which courſe might cure that panique feare of concealing eſtates; or elſe they are not able to pay; & ſo inforced to an impoſſibi­lity, the party puniſhed, yet the debt ſtill increaſing, like that mountaine of Brimſtone neare Naples, ever burning, never conſuming, a very emblem of Gehenna;Suefaterra which I the rather preſume to mention: becauſe I know it is the fouleſt blot in the tables of our Law, and of all objections which Engliſh Gentlemen (who travaile to inrich their mindes) meet with. the hardeſt to be anſwered.

One thing I ſhall humbly propound to juditious conſide­rations, whether it be not as an image in the bed of David to enter an action in the inferiour Court, and when the partie expects a tryall,1. Sam. 19.13. then to have it removed and drawne into another Court, why ſhould not the partie as well ſweare the cauſe of action to ariſe within the liberty aſwell as the defen­dant were his diſcharge? in an Action of debt brought upon a Bond in London,Ad aliud exa­men. the defendant may not have the liberty to plead a releaſe or payment in Yorkeſhire according to? H. the 4. and the ſtatute of forraigne vouchers extending not to it being a perſonall Action, I ſee no reaſon, but whatſoever ſuit is legally Commenced in London or elſe where that it ſhould be removed for no cauſe but meerly for delay:As in a Court of Pipow­ders the plaintiffe muſt ſweare that the contract was made in the time and ju­riſdiction of the fare. is ſuch a practiſe that I am confident admits no paralell; I know writs of error and appeales from one Court to another upon alle­gations of error and precipitance in judgement are uſuall, but whether appeales to the Judges delegates in ordinary matter; teſtamentary when a difinitive ſentence has bin pro­nounced by a moſt learned experienced Judge, are not more common then commendable I make a quere of it, and wiſh that the malice of Clients might be more obviated then it26 has bin, but that a man ſhould enter his Action and pro­ceed in it, and bee made believe that he ſhall have ſpeedy juſtice, and when the Jury is ſummoned, Councell Feed, and all charges disburſed, but for entring the Judgement; then to draw this buſineſſe away at the pleaſure of him that owes the money, cannot hold the weight of one graine in the bal­lance of reaſon; if inferiour Judges are not fit to bee truſted with matters above five pounds, or ſuch inconſiderable ſums let the buſineſſe never be brought before them, and this calls to my remembrance how a Gentleman was Arreſted for 1500. l. the day that he was to be maried without any cou­lorable cauſe of Action ſpitefully to hinder the match, and was not able to put in baile, but the partie being non-ſuit the Gentleman had as I remember but 7 s. 2 d. coſt, loſt his monyes and indeed himſelfe by it, for I know it was the oc­caſion of his utter undoing, Anſwerable to this abuſe is the Bill of Middleſex. A man that is Canibally given, may de­voure the credit of five hundred men, arreſting them for five thouſand a peece, never declare and yet pay no coſts, though the partie Arreſted had better have paid 500. l. that its com­monly ſaid, Ile beſtow a Bill of Mid. upon ſuch a man to ſtay him in Towne, that I may have his company into the Country when I goe downe, and when coſts are paied I ſee they are ſo ſmall that he that ſues for a debt of 10. l. gaines but little by the bargaine beſides his will whereas it ſtands with more proportion of reaſon that he that ſpends 10. l. in a juſt cauſe ſhould have 20. l. allowed him, for he that has but any ordinary imployment ſhall hinder himſelfe at leaſt 10. l. in neglecting his trade or profeſſion, but ſhould full Coſts be paied, peradventure there ſhould not be ſo many ſuits Commenced may ſome ſay, though truly I think ra­ther more, and I am perſwaded that if Cauſes were ſooner ended that both Lawyers, Atturneys and Solicitors might get more money then they doe, for many have beene loath to begin ſuits becauſe they were ſpun out to ſuch a length, and others would make a ſhift for money if there might bee a ſpeedy hearing upon the merrits of the Cauſe which are25 not able to maintaine a circular proceeding, theſe Sollici­tors are ſtrangers and unknowne to the Records of our Law, but though it pleaſed a Lord Keeper to compare them to the Graſhoppers of Aegypt that devoured the whole Land, many of them being growne rich: yet truly in right reaſon if they bee honeſt men, (as all of them are for any thing I know to the contrary) I know nothing in right reaſon that can bee ſaid againſt their profeſſion, I believe they are very uſefull to the Client, and aſſiſting to the Councell, who many times in long buſineſſes ſees much by their ſpectacles, not having time to peruſe depoſiti­ons.

I conceive that in this time of Reformation the Scrip­ture being the Touchſtone of all humane actions,It is an ho­nour for gold to come to the touchſtone Scriptura eſt Lapis lidius omnium huma­narum actio­num. Bracton Brit­ton, Glanvill &c. being rather orna­ments, then Authorities. Lex eſt rerum divinarum & humanarum ſcientia. it would be an excellent ſervice to the Kingdome for ſome grave ju­dicious man who is Learned in our Lawes, and well read in the holy Scriptures, to ſet downe all the Law Caſes in our bookes, which are either properly and directly, or col­laterally and obliquely contrary or repugnant to the Law of God; which muſt be done by reading all our legall au­thorities, beginning at 1. Edward 3. And ending at the juriſdiction of Courts lately publiſhed, and comparing hu­mane reaſon, (whereof our Law is in moſt things the quin­teſſence) with the Divine reaſon of Law and Goſpell, for Law is the ſcience of things humane and Divine, wherein my meaning is that for every judgement in Law, that a Divine can object nothing againſt it, from any ex­preſſe text nor by neceſſary concluſions and deductions, That is a good Law and may juſtly bee called the Law of God, put in execution by men, for it is not to be expected that there ſhould be an expreſſe Text in Scripture for every maxime or Canon of Law, but it is ſufficient that there is nothing in Scripture that doth contradict it, there being generall rules in Scripture applyable to every Kingdom and Society of men, for their happy government, direction and perpetuall guidance in the way to heaven, which being done the difference obſerved to bee humbly preſented to the26 moſt High Court of Parliament, to doe therein what they in their ſublime wiſdome ſhall thinke to be moſt conducible to the publike good, which is the white and Butt whereat they have levelled all the ſhafts of their indefatigable en­deavours. Which expreſſions I could not omit without ma­nifeſt injuſtice towards our Parliament Worthies, our moſt Noble Lords, and the Honourable Commons, who like the heavenly bodies have had little reſt now for theſe 5. years, therefore deſerve much veneration.

This worke requires an intire man without other diver­ſions,Totum homi­nem & mix­tum hominem. and a mixt man both a Divine and a Lawyer, which though in an eminent and intenſe degree are peradventure hardly concurrent, yet in a competent meaſure and more re­miſſe degree, there are of our profeſſion that are learned in the Law of God as amongſt the Jewes,2 Chro. 19.8. the Levites were Common Lawyers; though the reaſon of that was becauſe the Scriptures were the poſitive Lawes of the Jewes, not that callings ought in a popular Kingdome to be combined, but that Religion is a nceſſary ſtudy for a Lawyer, becauſe the Law of God is one principle ground of the Law of England;Dr. & ſtudent fro. Sedes miſeri­cordiae beſt be­ſeeming chri­ſtians. As for the High and Honourable Court of Chan­cell which is like a graine of Powder, in the Eye of Anonineus it is of ſuch ſingular advantage to the King­dome, that I hold it ſuperfluous to ſay much about it, it is the chiefe ſeate of mercy, therefore to be advanced before all Courts of ordinary Juſtice.

I conceive equity is pure Civill Law, either ſuppletive where Law is defective, or Corrective where the Law is too rigid the conſtant practiſe being that where there is any remedy at Law, the Bill is diſmiſſed; but what Cauſes are within the ju­riſdiction and cogniſance of this Court, is no eaſie matter to determine, it is in its originall inſtitution a magazine of right and Juſtice, like the good Emperours Court, from whoſe pre­ſence no man ſhould depart ſad: wee read of many Chancel­lors before the Norman invaſion, but I do not find that ever the Kings Bench did reverſe errors of Chancery; but for that part which is not of record but to be releived in equity, Ano­nimus27 miſtakes like a Nonitiatthat knowes not our Law Antiquities, it is very true that untill Common Lawyers were made Chancellors about Hen. 8. time, this Court was not ſo full of buſineſſe, and afterwards Equitie began to be ſpun with ſuch a fine thred, that none but the eye of a Chan­cellor could diſcerne it, as Bacon (the Chriſoſtome of our Law in his time) was wont to ſay; Conſcionable equitie being converted into politique equity, for I have heard that when Clergy men were Chancellours they decreed matters accor­ding to that Evangelicall rule, of doing to others as we would be don unto our ſelves, that if any man had over reached ano­ther in barganing by getting that for 50. l. which was worth 100. l. it being againſt the rule of Charity, or if a man had loſt any conſiderable part of his eſtate at play, there being no me­ritorious conſideration for it, or if a man had contracted for a yeare to give 20. l. Rent for a Houſe,Major eſt be­ſtilitas Dei quam hominis. wherein he could not inhabit by reaſon of the Peſtilence, which is a divine hoſtility, like to a time of Warre, or if I.S. take a Leaſe for a yeare at 20. l. Rent, and the ground prove barren, ſo that he cannot by all his labour make 10. l. of it, in many ſuch like Caſes the Chancery afforded Convenable reliefe according to the words of the Statute, no man is to depart from the Chancery without remedy: for the Chancellors, juditial power is abſolute the ſpe­cial foundation & erection wherof is by Statute which Caſes compared with the preſent,Nemo reted a Cantellaria et ſine remedio. I humbly conceive (with ſubmiſſion to better judgments) that the weight of the objection ratherlies in the other ballance of defect, that for politique conſiderations many matters are diſmiſſed without reliefe,9. E. 4. 15. which ſhould in conſcience have bin relieved, as in the former inſtances, if a ſoole ſell Land worth 1000. l. to I. S. for 300. l. if the Chan­cery ſhould redreſſe this; would not this diſtroy Contracts? I conceive not, for though it is not poſſible to ſet an exact ma­thematicall price upon every thing yet no man ought to buy any thing for leſſe then halfe the worth of it, hath not I. S. an erroneous Conſcience in that particular, why then ſhould it not be rectified, to make him give above 500. l. or to Re­linquiſh, the bargaine, I confeſſe I cannot ſee any reaſon why28 fooliſh contracts ſpecially when an Ideot ſhall ſell a great eſtate for a ſong, ſhould not be rectified in equity, though the contract cannot bee nullified in Law, by reaſon of a maxime that no man ſhal ſtultifie himſelfe, for all men that are 21. are not able to contract with old Vſurers; but how ſenſeles is it that a youth at 14.It were to bee wiſht that men were not of age with us till 25 many men be­ing undone be­tweene 21. and 25. by ſureti­ſhip and foo­liſh bargaines as the Law is in all other places ſave Normandy. and a girle at 12. without their Parents conſent, ſhall have power to diſpoſe of themſelves in marriage, (which of all the turnings and windings of this life is the moſt important) and yet cannot before 21. give away a point or a row of pinns; it would be an excellent politique Law, that none ſhould diſ­poſe of themſelves in that kind till their full age without con­ſent and approbation of their neareſt friends, the Civilian gives no man power to alienate his eſtate untill he be 25. and then if it be not ſold for halfe the worth, the bargaine is nul­lified, ſo in the other caſe of play it is objected that there was a hazard and the winner might aſwell have loſt, I Anſwer, thats but a Vtopian conſideration a poſſibility which never comes into Act but the Law of Conſcience requires a reall and valu­able conſideration,Vaa potentia. In the other caſe it will be ſaid, that Con­tracts muſt be inviolably obſerved, I anſwer that in theſe ci­vill matters men muſt be conſtrained to deale like Chriſtians, and if Anonimus meane that in Caſe a man be drawne into a judgment of 100.In the late caſe of Neriah the Iew. Nobilis vir Io­hanes Seldeni­us inter Scho­laſticos quos audii per t­tam Europam Anglorum ce­leberimus. Premiare ul­tra condignum punire citra. l. where 10. is not due, that hee would not have the Chancery to releife him, and to rectifie the Plaintiffes erroneous conſcience, it argues that hee hath no Conſcience, or a Cauterized one, and Hee muſt be redargued for a little ſaucineſſe that calls that boldneſſe, which deſerves the name of the goodneſſe of Chancery; abun­dantly manifeſted in doing execution upon a Judgment of 7. or 800. l. given for Tobacco not worth 30. l. I know the Chancery is to ſupply the Law and not to ſubvert it, and as that worthy Eſquier one of the faireſt flowers in the Garland of our profeſſion for excellent learning in his learned manu­ſcript concerning the Chancery, writes that in this court con­ſcience ought ſo to be regarded that the law ought not to be neglected yet as in Criminall Cauſes every Juſtice when the matter is doubtfull, is then moſt honourably ſeated when hee29 gives mercy the upper hand, ſo in equitable matters when the Cauſe is ambiguous, that Law and Equity cannot meet in ſome third in a moderation of extremity, let Conſcience take place as moſt worthy.

As for that inſtance of the Amicable caſe, it is a miſtake,Caſus pro amic. for if the demandant or plaintiffe have not cleere cauſe of ſuite, the libell and proceedings are diſmiſſed, for in the be­ginning of the ſuit the Law favours the plaintifes (not with perſonall but legall favours) as being preſumed that the man has wrong, done him, or elſe he would not begin a ſuit;9. H. 7. in the middle of the ſuite the Law favours the defendant, giving him time to make his legall defence,Non liquet. Caſus pinguis like our wor­thy Sergeants Caſe. Bertoldus ſuſ­pendatur qua­cunque abore placuerit, nulla arbor mihi pla­cet.Lego totum ſta­tum meum Je­ſuiſtis & filio meo quicquid eis placuerit. In dubijs quod minimum eſt ſequimur atix.Fiat expoſitio in favorem legatarij at Tholoſe, Judicio dei relinquitur at Paris.Secundum ſci­entiam ſecun­dum conſcien­tiam ſecundum juſtitiam. In the end it favours neither: but in things doubt full poſſeſſions are never diſturbed as preſuming every man honeſt till the contrary he proved.

But this puts me in minde of a recreation which they have upon ſome feſtivities or after ſome ſolemn arguments to recreate the ſpirits of the Judges and Advocates, which they call a Fat Caſe, as that of Bertoldus the French Kings Jeſter, that being ſentenced to dye obtained favour to be hanged on what Tree he pleaſed, and then ſaid, no tree plea­ſes me, And that of the Duke of Oſſuna Vice Roy of Na­ples, the cunning Jeſuites had inveigled a rich man to leave his eſtate of 10000 l. to them and his ſonne to their tuition, the words were, I bequeath my whole eſtate to the Jeſu­ites, and to my ſonne what they pleaſe, the Duke asked them what they would allow the ſonne, they anſwered, 1000. l. then ſaies the Duke the ſonne ſhall have 9000 l. be­cauſe ſo much pleaſes you and you 1000 l. and that Pariſiens and to my ſonnes. I give achaſcun deux cens liures this was firſt reſolved to be but 100. linres bcauſe in doubtful things the leaſt is taken, next it was reſolved 200. Thirdly, it was left doubtfull to the judgement of Heaven, for the poore French men complaine of the multiplicity of appeales that one Court will Judge according to ſcience, another accor­ding to Conſcience, and a third according to Juſtice, and that ambiguous caſe of the three Rings, A man ſettle30 his Land upon that Child, which ſhall have a certaine gold Ring, which was for many yeares enjoyed accordingly, at laſt one diſcreet Father bearing an equall affection to his three Sonnes, cauſed a skilfull Artificer to make two other Rings, for weight, matter, and forme, ſo exactly alike, that the true Ring could not be diſtinguiſhed and gave unto each ſonne a Ring, who after his death went to Law for the eſtate, but the right to this day cannot be determined, with many other ingenious Caſes wherein the Civilians abound but in this ſence too much honey is not good.

I know the ſwelling of any Court above the bankes, is like a deluge or an inundation of waters prodigious to a Kingdom, the other Courts muſt needs ſuffer, as when the ſpleene is in the Tide, the other parts are in the Ebb: but bleſſed be God, there is a muſicall concordance and ſweet harmoney betweene our Courts of Law and equitie,Sicut manus manum juvat. our Courts of Juſtice are all Siſters as the Muſes were that do not incroach upon, but are helpfull to one another, as one hand helpes another.

Concerning Delatory proceedings if Anonimus knew what tedious protractions the Subjects in Fance, and other Kingdomes ſuffer under, hee would not bee ſo impatient: King Iames in that Speech of his in Starchamber, 1614. promiſed to expunge all unneceſſarie delayes, and Ce­remoniall formalities which were adverſaries to the procu­ring of a ſpeedy & well grounded Juſtice, and truly it is much to be wiſhed that right might bee had at a cheaper rate, that Juſtice in all Courts might paſſe at an eaſier charge, that thoſe weeds of needleſſe charge, and brambles of expence that grow about the vine of Juſtice might be plucked up and rooted out, as farre as poſſible might be, that the Client might have that for 6. d. for which he paies 12. d. and bleſſed be God for hopefull beginnings, ſince theſe right honourable and right worthy Commiſſioners for the Great Seale have come in ju­ſtice hath run in a more fluent ſtreame, and purer channell, not dropt as formerly, in two or three Termes the matter is en­ded unleſſe the courſe of the Court be interrupted by circular motions, which many times makes ſuch a diverſion, that it is31 hard to reduce it to a regular proceeding, for at the Barre too much is manytimes ſpoken, but not inough whatſoever tends to the victory in way of veritie is to be ſpoken for the Client, and no more when men come to fight they brave it not but ſtrike at the heart, let not an impertinent word be uſed in a Court of Juſtice, if no motion might be heard unleſſe the o­therſide had notice of the intention to move, it might advan­tage both parties certainly, but the moſt ancient & honorable Courts are not without gray haires,As the Ger­man inventor of Guns toldApollo it was that none ſhould dare to make Warres I wiſh all Copies might containe 20. lines in every ſheet to be written orderly and unwaſtfully, I have often thought that the wideneſſe of the lines was, that the parties might meet and agree finding copies ſo chargable and I conceive no anſwer ought to bee referred as inſufficient without ſhewing ſome particular point of the defect, and why ſhould not Bills be diſmiſt of courſe without motion; ſome other practiſes fall under con­ſideration, as common Recoveries, what neceſſitie there is of them, why a Fine may not aſwell ſerve to cut off reverſi­ons? next whether in conſcience the will of the donor ought to be violated? then for collaterall Warranties, why ſhould not the ſtrongeſt preſumptions give place to the weakeſt proofes? we read of thoſe that have ſworne themſelves to be Whores to diſinherit their own iſſue. And for Out lawries why ſhould the perſonall Eſtate be forfeited, more reaſon to ſeiſe upon it for the debt; the profits of the Land forfeited til a Feofment be made & the Kings hand amoved and yet the Outlawry remaines, and how eaſily are Outlawries re­verſed? and what fruit has the partie of all his labour. A man borrowes one thouſand pound and purchaſes Land, and dies, the heire before his Father bee cold makes a Conveyance? now the land is diſcharged from pay­ment of debts. Why is the heyre bound unleſſe the Land bee chargeable after an alienation? other things are yet amiſſe in matters teſtimentary and matrimoniall: in cha­ritie a man meddles with the goods of an inteſtate to ſee him buryed upon pleading that he was never Exector, I know not how farre a man may ſuffer in that caſe, why32 ſhould not our common Law Judges determine legacies for goods, as well as for lands? Why may not a Legatee bring an Action of Debt againſt the Executor, as well as a Creditor? why may not our Judges determine what is a Contract of Marriage, as well as other Contracts; but let no man deſpiſe the day of ſmall things: for my owne part when I conſider the noble propenſitie in our right Honou­rable Commiſſioners, and the Honourable the Maſter of the Rolls (whoſe names for their unwearied pains, and ex­traordinary diligence, in the judicious and faithfull diſ­charge of thoſe great places of truſt committed unto them, ſo much conducing to publike ſecurity, will bee honoured and renowned to all poſterity) to expedite matters in dif­ference, asking the counſell many times, will your Client referre the matter, telling us that they cannot endure tri­fling, and nicities. I rejoyce at that ſpirit of Reformation which I ſee orient in that court, and much marvell that cau­ſes ſhould depend halfe ſo long as they do, ſo true is it that negotiations are eaſily diſpatcht by many, and it is no ſmall ſecurity to the Kingdome, that the ſeale is intruſted into ſo many ſafe hands, for if the mole of Chancery, lay upon the ſhoulder of one ATLAS, hee would finde it weight inough to ſupport, and I have often thought that if it were poſſible a Chancel­lor or Lord Keeper ſhould not have only infallibility (be­cauſe his aſſertion is of Pythagorical authority, and that for the greateſt eſtate in the Kingdome upon ſuggeſtion of a Truſt, but likewiſe impeccability, leaſt he ſhould doe any thing againſt conſcience, yet notwithſtanding if the wiſ­dome of Parliament (in whom the publique Judgment of ſtate is lodged) ſhould conferre that honourable charge up­on one as formerly, no doubt whom God calls to any place he gives ability to diſcharge it, for when God places any man in the Chaire of Juſtice, he never puts himſelfe beſides the Cuſhion, ſpecially when Gods favorites are made Judges he is with them in the Judgment, but of that more here­after.


Concerning Bills of Chancery, true it is that many times more is demanded then is due, that ſo the juſt debt may be confeſſed, but in reaſon why ſhould not the Plain­tiffe put in his Bill upon oath? had not cuſtome incorpora­ted many formalities and ſolemnities into our Courts of Juſtice, many of them would ſcarce hold weight in the bal­lance of the Sanctuary, but farre be it from any honeſt man to maintaine an old error againſt a new diſcovery of truth. Truly I thinke it was to be wiſhed,Civilians call it leſſe proper­ty, Juramen­tum calumniae. that the oath of integri­ty might betaken by every Councellor, and Attorney, ne­ver to ſet a hand to any Bill or writing, not to ſpeake any thing for the Client, but what they verily beleive in their Conſcience to bee juſt and true, this is practiſed in moſt parts of Chriſtendome, and ſome ſtates make the advocates to diſcover any thing that they know, which may advance Iuſtice though it be againſt their owne Clients but of that I make a Quere, but our Law ſeemes to comply with the former, for by Statute it is enacted, that if any pleader ſhall deceive the Court,Weſt. 1. c, 29. by informing that to be true which he conceives to be falſe, he is to be impriſoned a yeare and a day, and to practiſe no more. The learned Serje­ants, are ſworne not to maintaine or defend any tort or falſi­tie ſciently,See the Ser­geants oath in Magna Chorta, f. 213. Numero confiderato. but ſhall guerpe and abandon the Cauſe ſo ſoon as he perceives the injuſtice of it, and truly if Serjeants bee ſworne, why ſhould not the Barriſters? It cannot be de­nied, but there are as many worthy honeſt men (and as few others) of our profeſſion as of any other calling whatſoever, and many honeſt Aturneys and Sollicitors that looke at the merits and juſtice of the Cauſe, and deſire rather verity then victory in their undertakings, For my part, when any bo­dy cometh to adviſe with mee, about Commencing a Suit in Law, I begin to tremble, and bid him firſt examine his owne Conſcience ſeriouſly, whether he have bin wronged, and that in a conſiderable matter? for I would not have Chriſtians go to Law for trifles,Totus in ſer­ment. my meaning is unles the thing recovered will quit the Coſt, to provide a Conſerve of Weſtminſter Hall Wormewood, and to be of a leavened34 Spirit for every treſpaſſe, was an error which Saint Paul bla­med amongſt the Corinthians, he examines not who has the beſt cauſe but chides contentious natures,But in materia gravi & neceſ­ſaria. that goe to Law for ſmall matters did Jeſus Chriſt write our ſinnes in the Duſt, and ſhall wee write every unkindneſſe in Marble? Secondly, whether he would not have done ſo to others as is done to him, then I adviſe him to uſe all means of peace, and all urbanity, before he do addreſſe himſelfe to a wa­ger of Law, as knowing that going to Law is like a labo­rinth, the ingreſſe very eaſie, but the egreſſe very difficult; or like two encountring Rams, he that eſcapes beſt, is ſure of a blow.

I have heard a Debtor in Naples, offer a Creditor 50 l. to whom he owed 100 l. telling him, unleſſe he will accept it, he will make him ſpend another hundered, and hold him in ſuit with his own money, and then it may be hee may get 120 in concluſion. And thirdly, I aske my Client whether he can go to Law in love, which I finde to bee a very difficult thing, which being premiſed, no doubt God cals a man to go to Law to recover his right, as well as a kingdom to defend their Lawes and Liberties: but I ſhall not cenſure any Client, for I know the caſe may many times be ſuch, that both parties may have an invincible ig­norance of one anothers right. It was ſo in the caſe of the Iſraelites and the Cananites, Ioſhua having a command from God, did juſtly invade their poſſeſſions, they not knowing of that command, juſtly defended the ſame. I proceed with my Adverſary, who is ſo farre in the right, that the maine or many ſtreams of our Law iſſued and flowed from the Normans, ſome veins from the Saxons, and many maximes and rules from Sicily, as might appear in a ma­nuſcript which one Maſter Pettit employed by the Earle of Arundell to purchaſe Antiquities in forrein parts acquain­ted me with. In the leſſer cuſtomary of Normandy, you may read in ſubſtance the two firſt Books of Littleton, and to ſpeake truth, what ever is excellent in our Lawes, wee have taken the creame of it from them, and thereof com­poſed35 ours; and as our language is moſt accurate and re­fined, ſo is our Law a moſt compleat body of humane rea­ſon. And now I muſt ſay ſomething concerning the Law and juſtice, and the reverend Judges, the Fathers thereof. For the firſt, the Law of England is a holy Sanction, com­manding things honeſt, and forbidding the contrary;A Cheife Ju­ſtice to Hen: 6. and after Chā­cellour, when Hen: 6. was driven into Scotland. it excludes all vice, and teaches all vertue, who would not fight to defend ſuch a Law? Forteſcue gives a high com­mendation of it, and ſayes all mankinde ſhould have been governed by the Lawes of England if Adam had not ſinned in Paradiſe, and herein our Lawes muſt needs exceed the Imperiall Roman Lawes which were made by the Empe­rours Counſellours,Actu vel po­tentia ut Eva­ni Adamo an­tequam plaſ­maretur. becauſe ours are made by generall conſent in Parliament; that I may moſt truly ſay that the Lawes of England are either actually, or potentially, the beſt in the world, becauſe if any thing be amiſſe, the Par­liament may reforme it.

There are but ſix Kings (properly ſo called) in Chriſten­dom, the French and the Spaniard who have too much pow­er, Sweden and Poland, who have as ſome politicians ſay, too little power for their Titles; and England and Den­marke, who have juſt power enough by Law, for by the ſa­lutary advice and conſent of Parliament, they may enact ſuch Lawes as may make a people happy. Oh happy Eng­land, if we knew our own happines; In many places beyond ſea, the people pay the fourth part of all the Wine, beſides a fourth penny of all the Wine that is ſold, ſo that where the Wine growes, the people drinke water; and is it not an admirable thing, that we ſhould buy a quart of wine for leſſe then the Natives whence it comes; a quantity of every buſhell of their corne, every houſe-keeper forced to take ſuch a quantity of Salt at five times more then the worth of it. The land farre richer then ours, yet the peo­ple five times poorer then with us, the Souldiers conſtant­ly take what they pleaſe; the Countreymen and yeomen upon the matter go almoſt naked upon the worke dayes, in a hempen doublet on holy dayes: if any man have got a36 ſuppoſed ſtocke of money, he is deeply taxed and implead­ed, and then that Advocate cannot want a reaſon that ar­gues for the King; if the man refuſe to pay, then they ad­judge him peremptory, and he is impriſoned, and counted an adverſary to the favourites of the Prince, and then its obſerved that they have the happines that ſeldome any of their adverſaries are long liv'd. And if the proofes be not cleere againſt a rich man, the Prince will hear the matter in his Chamber, and condemne him, and he is privately in the night time caſt into ſome River, or burnt, and the poore ſoule ſays, he is glad he has a life to loſe for his Prin­ces pleaſure.

But what means this murmuring, that Taxes are multi­plied? Vaine and miſerable men, truly miſerable both in ſoul and in body, that indeed have no mony, becauſe the mo­ney has them; he is the truly miſerable man, that loves his money better then his ſoule, for the ſervant of God is maſter of his eſtate: when a Kingdome lyes a bleeding, who would not willingly loſe a yeare or two profits to ſave the inheritance? Tell a Uſurer that hugs his yellow earth of Land at ten years purchaſe, and he willingly parts with his beloved darling; we willingly ſuffer the amputa­tion of an arme or a leg to ſave the body naturall; ſhall any man be unwilling to part with a little wooll to preſerve the body Politique? It may be one reaſon why ſo many have taken up Arms to deſtroy the Law, and to poiſon the very fountain of all lawfull liberties, is, becauſe men do not know what an excellent thing the common Law of Eng­land is: It is called the common Law of England, as I con­ceive not by way of diſtinction in oppoſition to the Ca­non or Civill Law; for that would be abſurd, as to ſay the Catholike Church of Rome, beſides every Kingdome has a municipicall common Law, but by way of excellency, as David was called the King ſuperlatively and the Booke of books, the Bible, and the foure Courts of Record at VVeſt­minſter are called the Kings Courts by way of eminencie.

Leſſe then this a Lawyer cannot ſay for himſelfe, becauſe37 no man muſt exerciſe any profeſſion,Hone••um & utile. Ineptio inſtru­menti faſtidit artificem. Debilitas mu­cronis reddit ignavum mili­tem. but what is honeſt and profitable for the Common-weale, the unhanſomneſſe of the inſtrument is grievous to the Artificer; it makes a ſouldier ſluggiſh, and ſhames him to have a blunt ſword, and as I heard a worthy Divine lately ſay, if beleeving bee ſo precious, how precious are beleevers? So ſay I, if the Law be honourable, ſurely the Lawyers muſt bee highly eſteemed.

Me thinks Lawyers may be called repreſentative War­riours, for the lives and Patrimonies of our Clients are by us defended at the Barre, by reaſon mans chiefe exce­lencie: and though the Souldiers profeſſion be very noble and honourable, becauſe moſt dangerous; yet the profeſ­ſion of the Law herein challenges precedency〈…〉〈 in non-Latin alphabet 〉be­cauſe the ſword is but a ſervant to juſtice conſecrated by God to maintain and defend the Law; for if men were juſt, the ſword might bee ſheathed: now that for whoſe ſake any thing is made, is more worthy then the thing ſo made, whence it is, that the weakeſt body is more wor­thy then the moſt coſtly raiment; for which reaſon the preſidentiall Nobles (unleſſe there be a duplicity of ho­nour,By 31 Hen. 8. the Chancel­lour placed before the Conſtable and Marſhall. where the originary and accidentall honours meet together) precede the military Nobles. So in Phiſicke, though the ſubject about which Phiſitians are converſant is more noble then the Lawyers ſubject (health being to be preferred before all pecuniary reſpects) yet Lawyers are reckoned to precede them. Nay Divinity which I looke upon as the grace and glory of all other Sciences (all being but ciphers without the ſalvation of a mans ſoule) in the way of honour and precedency muſt give way to the profeſſion of the Law; the reaſon whereof is, becauſe Ju­ſtice which is the Lawyers ſubject, is more neceſſary then either Divinity or Phiſicke,Ingenious ſir John Davies in his eloquent Epiſtle to the Iriſh reports. as without which no Kingdom can ſubſiſt one day: Wee ſee Heathen kingdomes ſubſiſt without Religion, and you may imagine a Kingdome to ſubſiſt without Phiſitians, as Rome did for ſome time; but all men, at all times, and in all places, ſtand in need of Ju­ſtice38 and Law,Conciliarii ſunt organa juſtitia in cor­pore politic. which is the commenſurate rule of Juſtice, and conſequently Lawyers which are the Miniſters, Ser­vants, and Secretaries of juſtice the Queen and Empreſſe of all other morall vertues, which is as abſolutely neceſſa­rie as the Sun; for ſhould the Law be ſuſpended but one night, nay, ſhould juſtice (which is the ſoule of the King­dome) depart but one minute, the Kingdome would bee deſtroyed, all humane ſociety diſſolved; for then every man might doe as he liſt, and ſcarce a man but hatſome enemy or other that would preſently kill him; and that is the reaſon that the Sageſt politicians alwayes looke firſt at a Being, before a well-being. Firſt whether a people ſhall live; next, for their comfortable ſubſiſtence, and this brings me to the noble Theame of juſtice whereof before I treat: I intreat leave to ſpeake of one Remora and great Hinderance which is multiplicity of buſineſſe in a Court,A great Pract­iſer may better afford to make a Motion for 5 s. then one of us for 10 s. that every man cannot be heard what hee has to ſay, and then the Client murmures that the buſineſſe is not done and the Counſell for ſeverall attendances (ſpecially having no other buſineſſe there) peradventure expects new Fees; therefore it were greatly to be wiſhed, that every man if it were poſſible might bee heard every day what he has to ſay for his Client, at leaſt, that no man having been heard once, ſhould move againe, till every one hath had his Motion; otherwiſe, a young Practiſer may peradven­ture ſcarſe make a Motion till the laſt day of a Tearm: but if the Court would pleaſe where they leave hearing, there to begin the next day, the Client might know when his buſineſſe ſhould be diſpatcht.

I would faine propound a queſtion to all rationall men of publike ſpirits, whether a Writ of conſcionable diviſion does not lye among Lawyers? that at leaſt every one may live by his profeſſion or whether there be any reaſon that one man ſhould get a 1000 l. per annum, and another of the ſame profeſſion not get halfe a hundered? I am ſure it has ever been condemned; for as great an error in politiques, as pluralities which were abhorred, even by that Trentine,39 or rather Tridentine Counſell as being a great diſcourage­ment to the profeſſours, and diſhonour to the profeſſion; ſure it is, that as all Clients have an equall intereſt in the Court, one as much as any other juſtice knowing neither father nor mother; ſo all practiſers are equally invited to the Barre, the Courts of juſtice, being like a great Prince that keeps open houſe for all, and makes a generall invi­tation.

Obſerving in Italy how carefull the Poteſtates and Judges were to heare every Advocate according to their Seniorities ſucceſſively; I thought there was much beauty and a ſweet order in it: and one of them underſtanding that in our Courts of juſtice one man is retained five or ſix times for anothers once; he anſwered, that is all one, as if one man at a Feaſt ſhould devoure five or ſix diſhes, and not let the other gueſts to taſte of them. I have often marvelled why the Law that made ſuch a reſpective privity and ſubordinate relation betweene the Ordinary, and the Clerke, ſhould make none betweene the Judge and the Counſell, the Biſhop called the Clerke brother, upon this preſumption; that their office for ſubſtance was the ſame, ſerving both one Maſter, and aiming at the ſame thing, the welfarof the peoples ſoules. Now certainly the reverend Judges and the Practiſers ought to minde the ſame thing, and ayme at the ſame marke which is the White of Juſtice; The Judge in executing juſtice the Counſell in requiring juſtice, for the Law is declared and executed upon the re­queſt of the Lawyer; if any bee otherwiſe minded that cares not for juſtice further then he may get applauſe and practiſe, he deſerves not the name of a Counſellour,But as the Profeſſion is no honour to him, ſo let not him be any diſhonour to the Profeſſion. a concealer, or a worſe name if you pleaſe better befts him. But why then may not the reverend Judges bee ſaid as it were to be Fathers of the Counſellors? who may not be­ſtow all their favours upon one child, though never ſo ver­tues; but rather like the Sun, dart the beams of audience as much as may be, upon all indifferently, even upon bar­ren heaths, which otherwiſe become unprofitable. A wife40 loving Father, will not let any childe be long without vi­ctualls, but if we be not worthy to be counted ſons, yet let us be reckoned of the Family, that ſome proviſion may be made for us. It were a happy thing that there were no contentious Pleadings in Weſtminſter-hall, and the leſſe worke for Lawyers, the ſounder is the Body-po­litique: yet for the preſent, ſome having no other ſubſi­ſtence but their bare practiſe, which have continued faithfull; certainly, it wou'd tend much to the honour of the reverend Judges and Juſtices, to deale their favours as equally amongſt us all as poſſibly may bee. I cannot but ſmile many times, to ſee a company of hypocrites as wee are, ſtirring up and downe in our Gownes, making men believe that we are full of employ­ment; and ſo we are indeed in a perpetuall motion, mea­ſuring the length of the Hall, but not a Motion perhaps from the firſt day of the Tearme to the laſt.

But would you have no favourites; yes, the worthy Parli­ament they are the Kingdoms favourites, very fit they be firſt heard, & every way encouraged, that ſo publike buſines may not be hindered: and truly, their ingenuous Candor is much to be praiſed in this particular, which beſpeakes them not only excellent Lawyers but excellent humaniſts

Secondly, The Lawes favourites, as life, liberty, and Dower, it is very fit that all ſuch neceſſary and important matters by reaſon of their dignity, ſhould be heard in pri­ority, whatſoever Counſell bee retained to move them, before matters of property. I allow alſo Judges fauou­rites, for favour many times gives a quickning ſpirit to the Law. There was a Prerogative of primogeniture, a double portion belonging to the eldeſt ſonne, by the Law of God; by the equity whereof a Judge may a low a dou­ble portion of time to whom hee pleaſes: the beſt men that ever lived, have had their favourites, for affection flowes uncompelled. Bacon obſerves, that a man ſhall ſel­dome ſee three at play, but he ſhall wiſh better ſucceſſe to one of them, then the other, though all ſtrangers to him;41 and I beleeve ſcarſe a father or mother that have a nume­rous progeny, but love ſome one childe better then any of the reſt, yet the child that is leaſt beloved is not neglected, but has his portion provided in due ſeaſon. I do not drive at it, that all Lawyers ſhould have equall practiſe, I eſteem parts and abilities whereſoever I finde them, let the ſtron­ger practiſer get three, foure, or five times as much as the weaker: but this I aime at, that one ſhould not faſt, and two faſt, according to that moſt excellent ſaying, When poore men enjoy neceſſaries, then let the rich enjoy ſu­perfluities; for in every Chriſtian ſociety, one mans ſu­perfluities muſt give way to anothers conveniencies, his conveniencies to anothers neceſſities, his leſſer neceſſities to anothers extreame neceſſities.

But it is alleadged for the great Monopoliſts, Impro­priatours of practiſe,Funditus ex­terpra monopo­lus & nomopo­las, 3. inſtit. 183. that they beſt underſtand the courſe of the Court, which makes the Law, we ſay in our books, that a common errour makes a Law: Truly in this I wil­lingly acknowledge my ignorance, I do not conceive how the courſe of a Court can make Law or equity, it can only declare how the judgement of the Court hath been in that particular; but Law is reaſon adjudged in a Court of Re­cord, where reaſon is the kinde, and judgement the diffe­rence that diſtinguiſhes it from legall reaſon ſpoken extra­judicially; he that hath ſerved the ſpace of two Prenti­ſhips (let young Barriſters grow up like Vines by the ſup­port of others) and hath a competent ſtocke of Law and reaſon; it is very ſtrange if he ſhould not be able to tell his Clients cauſe in plaine expreſſions, Juſtice is an intemerate Virgin that does not love to be too much courted, it may be a queſtion whether artificiall and forced objections, do not many times hinder and obſcure the glory of noble La­dy Juſtice,Ignorantia le­gis non excu­ſat. as blew bottles many times hide and hurt the precious Corne, or why ſhould the Law and equity bee ſo obſcure ſince every ignorant man is bound to take notice of it? but how came they to underſtand the courſe of the Court but by their great practiſe? he that will firſt learne42 to be a good Pilot muſt goe to Sea upon calme waters but ſhall not every man chooſe his owne Lawyer? what elſe? but who are retained but they that can ſooneſt be heard? who has bin obſerved to get moſt money when Queene Iuſtice goes her progreſſe, what Counſell doth the Client enquire after,Sctam ad no­lendinum. to whom do the Attorneys and Solicitors make ſuit, I ſay but this as it would bee the honour of the Court to have the buſineſſe paſſe through many hands, that every man might labour in the Vineyard, ſo it is no hard matter to diſperſe and diſtribute the practiſe with more e­quality as before is hinted; This I affirme confidently that a Judge is obliged in point of honour at the leaſt (if not in point of Iuſtice) to give all incouragement, & to heare him firſt that has the feweſt motions, nothing more juſt then to leave the Client at liberty, but if the Maſter of a feaſt ſhall obſerve one gueſt faſting when all the reſt are full, even ex­hilerated, whom do you thinke hee had rather ſhould eat the next bit? I know ſome that move not above 3. or 4. times in a yeare, which a man would thinke ſhould pleaſe the Court for their variety like Summer fruits, if ſuch a one crowd the laſt day of a terme, how unequall is it that he ſhould not be ſo heard that he may not endanger the loſſe of a motion at another Bar if he can get it, oh ſaies the loving Father your Brother is faſting, you have had a double portion; marke what I ſay, my worthy Maſters and good Brethren of the Gown, the exceſſive gaine of ſome Lawyers, and others gaining nothing in compariſon, if not timely remedied will be the deſtruction of our profeſſion; for men will give over ſtudying the Law when they ſee the practiſe is ingroſſed, for no wiſe man will venture his mo­ney at a Lottery, becauſe there are ſuch few gainers.

But are all Barriſters able to practiſe?

I hope the objector will be well adviſed before he que­ſtion the judgment of the learned Benchers of every houſe who call and approve them, formerly the Judges nomina­ted the Sergeants (as Forteſcue obſerves,) by the ſame pro­portion of reaſon, the Treſerudite Seniors will not in their43 Magiſtrall determinations call any to the Barre, but ſuch as have competent (though not eminent) abilities, I am ſure in our Houſe they are for the moſt part very exact in the exploration of mens abilities and performance of their exerciſes, but the poore Client waites, and prayes, and is exhauſted, the Officers and attendants of ſome Courts, naturally deſire to keepe their proceedings in a miſtery and in a becance, that if a ſtranger come to make a motion upon the right and merits of the Cauſe, they ſay, oh Sir you miſtake the courſe of the Court, you are out, you muſt begin againe, ſomething did iſſue irregularly, the Corne is not ripe for the Sickle, that as it was ſaid in the Court of Wards (before theſe noble and re­ligious Maſters and the learned Attorneys time) when Counſell preſſed that the Law was for their Client, it was anſwered, but equity was againſt him, or if not equity then the prerogative muſt helpe it, or if not that, then the courſe of the Court makes a Law, and yet I have heard at the ſame Barre that if the Law, and the courſe of the Court come in competition, the Law muſt bee preferred as moſt worthy. Are not the ſinewes Leviathan perplexed? whereas if right reaſon, I meane legall reaſon, ſuch as we finde in our Books, might be Iudge in all matters, then every man that had read the Law, and ſtudied equity, might in ſome competent meaſure be able to adviſe his Client to take the ſafeſt way to ſpeedy Iuſtice, how many demurres do wee daily meet withall? certainly it were to bee wiſhed that e­very Court were enabled to do right and juſtice, and not to conſtraine a man to begin againe when he has run hard and got to the end of one marke and goale to enter new liſts, & begin a new combate, I ſpeake it to my great greife, that as the Civilians in Cauſes Matrimonial, ſpend much time if there be an oath, and in Wills if I die or when I die, I may take or I will take an eloquent diſcourſe to little purpoſe, ſo many times wee have much heaving and ſhoving about removing a Feather, whether ſuch a thing duly iſſued, or was rightly entred or ſuch a punctuality obſerved, or the44 courſe was ſo in ſuch a mans time, now it is otherwiſe, tru­ly much courſe ſtuffe nothing but chaffe wherein the pure Corne of Juſtice is many times ſmothered, or to delay a poore man that has not money to follow his Cauſe, what is it but to deny him? if I have but 4. l. 19. s. 11. d. to give for a Horſe whoſe price is 5. l. what am I the nearer, if the Plaintiffe have right upon the merrits of the cauſe to the thing in demand why is he not made Maſter of it? if not, why is not his clamorous mouth ſtopt? I confeſſe the Spi­ders Web is an artificiall curioſity and wit is a beautifull creature the uſe whereof is to make doubtfull caſes plaine not plaine caſes doubtfull to flouriſh over a bad matter, is as dangerous as to violate a Virgin vitious, the Ant is wiſe for it ſelfe, but ill for the Garden.

I could be content to heare ingenious exceptions taken to pleadings & ſubtill diſtinctions inſiſted in upon in Writs,The Civilians have their Li­bell Anſwer duplication, triplication, quadruplica­tion. Courts, Declarations, Pleas in Barre, Relpications, Rejoyn­ders, Surrejoynders, Rebutters, Surrebutters, and ſo to the day of Judgment, if this tryall of wit might not be charg­able to the Client, but when a poore man muſt pay the reconing for every man to call for more Wine to inflame the ſhot, I confeſſe my heart riſeth againſt it, and wiſh from my ſoule that 10000. formalities were rather diſpen­ſed with, then that a poore man ſhould be kept from his right one minute, for ſhall we not preferre the ſubſtance be­fore the ſhadow, the Corne before the Chaffe, the Kernell before the ſhell, the Jewell to the Box, ſuch and no other are the moſt exact formalities and ornaments of Law in reſpect of right and Juſtice, tell not mee what is the courſe of the Common Law, or Civill Law, or ſuch a Court, but what does right reaſon require, this is the Caſe, a poore man has 100. l. owing him he ſues in Chancery is diſmiſt to Law recovers in the Common-pleas, Error is brought in the Kings Bench, a fault is diſcovered, it may be ſome ſil­labicall miſtake in the entring of the judgment, whether this poore ſoule ought not to have his money without fur­ther ſuit? and ſo in all caſes, when the right ſhall juditially45 appeare to the Court, let every rationall man determine, a­way with all bugbeare objections of ignorance or confuſion, and carnall reaſonings, lets have Scripture Lawes, and ſummary quick proceedings and after Naſeby fight,Quaſi 2d. Angliae nativi­tas. lets never diſtruſt God for any thing.

And truly if hereafter the Kingdome may enjoy ſo great a benefit, I aſſure them it is a ſufficient and valuable re­compence for all their disburſments, and poore ſoules if they deſire no more, they deſerve no leſſe. But then comes in a Hierculean objection, that it is better ſuffer a miſ­cheife then an inconvenience, and what that is in plaine Engliſh, I ſhall ſpend my thoughts upon it: when I com­plaine many times that many honeſt Cauſes are loſt for want of ſome formality in pleading or other miſcariage I am anſwered that old formes muſt be obſerved, and bet­ter one be undone then many, now truly if the meaning be that it is better one Offendor ſuffer then a unity be in­dangered.

I am clearely of the ſame opinion, or if the meaning bee as the Philoſophers was, who firſt ſaid it was better to be once ſoundly wet with a great ſhower then to be ſub­ject to a continuall dropping, I cloſe with that likewiſe, but I beſeech you what need is there that any man ſhould bee undone for want of a ceremony or nicety in the procee­dings, I am ſure the leaſt evill muſt not bee done for the greateſt good, and why any miſcheivous caſe ſhould bee ſuffered amongſt Chriſtians.

I am yet to learne, it will bee ſaid Polititians could never prevent all miſcheifes, I ſay Chriſtian Magiſtrates may and ought to make Lawes for every mans ſafety and property, a noble Gentleman for the good of a young Ward his Kinſman, has Compounded for 3. or 4000. l. pay­ed part, ſecured the reſt, and the Ward before any profits received dead, the Gentleman deſires releife againſt his Bonds, the Anſwer is made better ſuffer a miſchiefe then an inconvenience, what inconvenience can happen in gi­ving48 conſcience the upper hand? It is better to ſuffer one Fox in a Vineyard then twentie, but what then? muſt not that Fox be hunted out that he may not deſtroy the tender Vines? I ſay it againe and ſubmit it, that it is a ſhame that any man ſhould ſuffer in point of right in a Chriſtian Kingdome, it being a principall difference betweene Chri­ſtian and Heathen Magiſtrates, that the latter make lawes that concerne the moſt, but care not for private mens ſuf­ferings.

And now concerning Iuſtice between man and man. Oh what a glorious thing ſpeedy Juſtice is it is the glory of the Ruler, and the happines of the people, what the ayre is to the elementary world, the ſunne to the celeſtiall, and the ſoule in the intelligible, the ſame is Juſt ce to the civill world, it is the healthfull ayre that all oppreſſed Clients deſire to breath, the ſun which diſſipates and diſpells all the Clouds and miſts of oppreſſion, injuries, and deceits, it is the ſoule which animates and gives life to all things, what an excellent juſticer was Iob, who would not delay the Cauſe of the Widdow, why may not ordinary cauſes ari­ſing within 100. miles of Weſtminſter be ended in a months ſpace, and all other private differences in the Kingdome, the moſt arduous and difficult in the ſpace of three Months, untill it ſhall pleaſe the Parliament for the eaſe of the ſub­ject to enact ſeverall judicatories in remote Countries, with liberty of appeale hither in doubtfull and weighty matters. Oh when will there be a determinate time to end all differences, why is it called a Terme, but to determine all controverſies: what! the Terme ended and the ſuit not ended? is not reaſonable, Solomon ſaies there is an ap­pointed time for every thing; ſave only for a Law ſuit, how long it may laſt, the wiſeſt man cannot foreſee. Among the Proteſtants beyond Sea, if a man cannot bring his buſi­neſſe to an end in 3. Monethes, he muſt pay good coſts and be nonſuit, The appointed time for the performance of any ſingle combate is from Sun riſing to Sun ſet, if in that time the Chalenger cannot procure his Challenge up­on49 the body, the Defendant is acquitted, ah ſpeedy Juſtice is the Cape of good hope, by which we paſſe to the fortunat Ilands, and this is the diſtinguiſhing vertue of it, that whereas all other virtues do good to themſelves (even Charity it ſelfe beginning at home) regarding more the good of the poſſeſſor, then others; Iuſtice doeth good to others as being the principall Pillar and foundation of the Kingdomes happineſſe.

Now promiſe being a debt, I am to performe it, and muſt ſpeake a word concerning the reverend ſages of the Law, I am perſwaded that the ambition of the Clergy, and the puſillanimity (to give it no other name) of the Iudges were the grand occaſions of theſe inteſtine calamities, who being intruſted by the Kingdome as guardians and ſenti­nells for the peoples liberties, ſpirituall and temporall, to make themſelves grandees at Court, made the Lawes to ſpeake what they never intended, by ſtraining to advance the prerogative above its proper altitude, and certainly that judgment of ſhip money (not to ſay any thing what is printed, where the ſame is moſt learnedly refuted) was the moſt divilliſh plot that ever was invented ſince the Quwarranto in Ed. the 1. time when, knowing mens