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hand_n great_a king_n put_v 5,841 5 4.9400 4 false
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A80410 Unum necessarium: or, The poore mans case: being an expedient to make provision of all poore people in the Kingdome. Humbly presented to the higher powers : begging some angelicall ordinance, for the speedy abating of the prises of corne, without which, the ruine of many thousands (in humane judgment) is inevitable. In all humility propounding, that the readiest way is a suppression or regulation of innes and ale-houses, where halfe the barley is wasted in excesse : proving them by law to be all in a præmunire, and the grand concernment, that none which have been notoriously disaffected, and enemies to common honesty and civility, should sell any wine, strong ale, or beere, but others to be licensed by a committee in every county, upon recommendation of the minister, and such of the inhabitants in every parish, where need requires, that have been faithfull to the publike. Wherein there is a hue-and-cry against drunkards, as the most dangerous antinomians : and against ingrossers, to make a dearth, and cruell misers, which are the caterpillars and bane of this kingdome. / By John Cooke, of Graies Inne, barrester. Cook, John, d. 1660. 1648 (1648) Wing C6027; Thomason E425_1; ESTC R204550 75,106 79

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not deceive the Priest nor give him a light peece of Gold and not long since it was attempted to make us pay personall Tithes I wish all men were more fearefull to displease God then the Papists are to offend their spirituall Fathers which have no Wives but many Children In France the Advocates have a Palmary Fee in token of Victorie after the Judgement pronounced for their Client and that is given to the poore All Fees which have been taken from the poore men that could not spare them ought in reason to be restored and no more to be taken and certainly reason is the root of our profession and whatsoever is against the Law of true reason let it be disclaimed by all Ingenious men My learned Masters and all yee that live by the Law whom I may without presumption call Brothers I have a word concerns us all pray marke it well the Kingdome is drawing up an Impeachment against us for the Errors and corruptions that are in the Law and Lawyers every man complaines of the horrible delaies in matters of Iustice that we have an Action to our Clients purses and spin out Causes to an unreasonable length as Covetous Surgeons keep the wounds raw for their owne profit that there is so much expence of Coine and time that the remidie is worse then the disease that a man had better loose his right then go to Law for it and that deles in Courts of Iustice are the greatest Nusance and grievance to this Kingdome They think it the greatest misterie in the world that a man cannot get a Causs ended in two or three yeares and yet Iustice not delayed that a man must spend above 10. l. to recover 5. l. and yet Justice not sold they think Magna Carta is extremely violated you may please to remember what occasioned me to write our Vindication so far forth as Scripture and reason would plead for us and if we be cast at either of these Barres I am sure no Court of Equity can releive us and now I suppose you have met with the Lawyers bane written by 〈…〉 Nicholson who falls upon us with a Scriptury weapon VVoe unto you Lawyers for yee load men with burdens greivious to be borne and yee your selves touch not the burdens with one of your fingers Truly though the man discover a weak Iudgement yet he manifests strong affections to the publick for all this smoak is not without some fire he that knowes any thing in politiques may easily foresee that there is a great storme arising in this Kingdome against us now what must we do to prevent it the only way is to keep close to the principles of right reason and we are out of Gun-shot to dispatch poore mens Causes gratis this hard yeare In doubtfull matters let us disswade our Clyents from going to Law and tell them the danger of it advising them to doe as they would be done unto let us contend earnestly for the truth more then for victorie and so soone as we discover the injustice of the Cause let us leave it and advise our Clyents to make their peace never speaking any thing but what we beleeve to be true if they tell us they have no money let us do their businesse for thanks and I warrant you we are Parliament proofe and Kingdome proofe the people will quickly find the usefullnesse of us and an honest Lawyer will be a necessary member in a Kingdome for the wisdome of the Common Law is highly to be admired and honored of all understending men without some Competent understanding wherein no man can possibly be a Polititianist being the best Iudge and Arbiter of life and death and all things that are for the maintenance thereof but if we make the disquiet and trouble of poore people the basis and fuondation of our Grandor and Renowne beleeve it the Kingdome will be as wearie of us as ever they were of the Bishops or any Arbitrary Court In a word for I know your Iudgements are so mature you love not many that which can only prevent the ruine of our profession is That the Reverend Iudges Learned Lawyers and experienced Officers and Clarkes of all Courts speedily consult and agree together to propound some proper expedient to the High Court of Parliament f●r cheap and summary Iustice throughout the Kingdome for the best policie is to prevent an accusation better the Fees of some Courts should be reduced and regulated then the Court it selfe to be suppressed It were better for the 6. Clarkes that poore men might pay but 4. d. a sheet then 8. d. for moderate gainns last long we see the moderate estates of Widdowes last longer and prove better then some vast superfluous Estates which make them but a prey for some young Gallant what a shame is it that Irregularities and obstructions in the Administration of publique Iustice should not be discovered and presented to the highest Court for speedy redresse by the Professors of the Law who should stand as Sentinells for the security of mens persons and Estates to discover the least approaching danger and all delayes or rubs in Iustice but that the Army should be inforced to make it one of their proposalls for the Kingdomes good And you my worthy Masters that under your good favours are so many Ingrossers of all the Practise within the Statutes of pluralities and Ingrosment of Corne and Cattell for the reason of all such Statutes is that one man may live by another that one should not feast and another fast The Harvest of great Causes much good may it do you Is yours we are content to gleane after you with a motion now and then which comming like Summer fruits should not be rejected for variety sake pray let us be heard when we have any thing to say I profes it is an intollerable injury that you daily offer to young Practisers and heavier then the shoulders of rationall men can long beare 10. or 20. of you to move every morning before or after the causes and there is no time for us though one of your motions spends more time then six of ours to be heard If the Custome of the Court were as auncient as Adams time yet reason must be preferred before it I assure you there is all the policy and selfe love in it as you can imagine to let us be heard when we have any thing to move for if the practise be do not not distributed into more hands that every man may live by his profession if you fal by your own waite I dare burn my Books King James said it was a great cheat put upon the Kingdome for Gentlemen to maintaine their Sons at the Inns of Court at a great rate And being called to the Barre may expect 7.10 or it may be 20. yeares before they be known in a Court of Justice or can be heard to move above twice or thrice in a Tearme which will not quit the cost nor pay
if heavenly commodities were more esteemed then earthly what an excellent thing is it for a man to do good to all men in his generation I am ashamed to hear men commended forgetting great Estates there is a noble Gentleman if all be true that is reported of him deserves more commendation for his Liberality then many o●hers Sir Paul Pindar a wise man will make his owne hands his Executors and his eyes his overseers for the surplusage of his estate besides what is convenient for posterity But may not men get great estates honestly I will not argue how great Estates are got in this Kingdome but this I observe that the richest men are not the most liberall to the poore the more shame for them there are a Generation of miserable wretches that like the Auncient Jews have ingrossed a great part of the publique treasure and have vast estates but do no good to any living creature many of them are haters of their owne flesh and will dye Indebted to their backs and bellies sure t' is that they might be thought to be very poore but Cardinall Richlieu would have told such a fellow you spend little in Clothes and dyet therefore sure you are full of money tax him soundly if a rich man did weare good cloths and fared well Sir sayes he ti 's a signe by your Clothes and dyet that you are full of moneys I hope these Cormoggians will be met withall one time or other I am not a Jugde to name any man in particular but let them take it for a warncing If I doe not heere of their good deeds this deer yeare I doe not meane their bonds and specialties which they so dearly love and count their good Deeds sealed and delivered but if they be not charitable to the poore I will doe my best to get a catalogue of them that if they shall persist in their basenesse and cruelties they may be publisht to the world and hooted at as Enemies of humane society I would not be mistaken as if I were an enemy to great Estates the God of order hath appointed severall degrees of men and set them in their severall stations the rich to be liberall to the poore and the poore to be serviceable to the rich the greatest Prince sometimes or other may have need of the poorest man living at least of his prayers therefore he ought not to suffer that man to famish for want of bread I am not of their opinion that drive at a parity to have all men a like ti 's but a Vtopian fiction the Scripture holds forth no such thing the poore ye shall have alwayes with you but there ought not to be a Beggar in England for they live raher like beasts them men Holland is a true Common wealth where none are so exceeding rich nor any beggars permitted yet different degrees amongst them Lords and others but in Kingdomes and larger territories there will be a larger disproportion corragious Noblemen are the walls of a Kingdome and a rich bountifull man is like a Sun E●●ll in the high way every man is the better for him and though he●● give much away yet in realitie he looses no more by his Charity then the Sun does by comparting his beames upon the earth for it is but a sowing he that casts his bread upon the waters shall finde it againe And that Kingdome is most flourishing where the best men are the greatest men and the greatest men are the best men at least morrally good for Justice liberality valor and such noble vertues unlesse a rich man be liberall and bountifull there is no more need of him in a Kingdome then of a Crosse which the silly Papists put off their Hats too least they should be hurt in their Journey poore people are faine to reverence many cruell Ingrossers as the Indians do the Devill least he should get them into his clawes or like the Basilisk kill them with a frown as for any hopes to right themselves by Law t is for a Lamb to contend with a Lyon but when a rich man in place of authority is curteous to all and liberall to the poore the Kingdome is preferred in that mans Honors and such a man is a beautifull prospect I am no Advocate for the poore further then to provide bread necessaries for them without which life cannot be maintained let rich men feast and the poore make a hard meale but let them have bread sufficient Kings and Potentates Noblemen and Gentlemen may rejoyce in their great estates left unto them and look upon them as tokens of Gods love if they be bountifully minded and give their bread to the hungry and more then ordinarily in such a deere yeere as this is likely to bee but they may not by the Law of God make it the chiefe end and main study of their lives to multiply riches nor so much as to Improve their estates unles they have a greater charge then their Ancestours had men of Honourable professions as the law Physick and armes and of publique Imployments in the Kingdome may gaine a competence to raise their families being eminent for vertues and desert yet there is a meane in such a case to be used but for Marchants and Trades-man and Usurers to gaine such vast estates as many have done It is neither warrantable in religion nor policie for men in selling their commodities ought not to sell as dear as they can but as others may live by them and as they can afford it for a moderate gaine As put case there were 6. ships of severall owners laden with Sugars Spices Drugs or any commodities to be Imported for the service of this Kingdome which all ariving safe the commodity would be afforded at 20. d. a pound but it pleases God that 5. of them suffer shipwrack now the 6th man sels his Comodity for 5. s. a pound and by 3. or 4. such providences he becomes rich I say this ought not to be permitted he ought in conscience to have sold his commodity as cheape as if the other ships had arrived the Kingdome is but one body politique and every member ought to have a care of the others preservation this Kingdome Is so populous and there are so manie of a trade that one man can scarce live by another In the Infancy of the world there was enough for every man Gen. 30. therefore that pretty policy which Iacob used to make himselfe rich with Labans loss is no objection for Laban was willing to give him what he pleased the Scripture is cleare in it that every man is bound to do good according to his ability Deut. 17.16.17 and that the King may not seeke abundance nor accumulate treasure and if not Kings certainly not Subjects I have read that in some places there are Herculean Pillars set to mens estates that a Marchant shall get but 10000. l. another Tradesman 5000. l. and so for others and when they