he shall get nothing by the Cause he will be studious for his owne ease to doe speedy Justice for why then should it cumber the Court longer then needs must and that is the reason that many States maintaine Lawyers at the publick Charge that so expecting nothing from the Clyent they may steere their advise the speediest way to the haven of Iustice But whatever complaint may be made of us truely for the generality we doe but taste of the broth of commodity the Clerkes and great Officers of Courts put their ladles to the bottome of the Pot and are even drowned in the sweet liquor of potable gold 2 This honourable Calling and maintenance is in the nature of baile Acutos honoris stimulos Ingenius malvezzi as a cautionary assurance to the Kingdome to answer for their judiciall administrations and I conceive Honour obliges and engages more then profit yet not so as to superabound in wealth and power least they should command as Lords and not as fathers 3 Judges should therefore be great that they may dare to doe Justice as Gascoigne committed Hen. the 5. Hollinshed upon a Bishops complaint Hen. 4. rejoyced that he had a Iudge durst doe Iustice upon the Prince and a Son that would be so obedient I shall tell you of a gallant peece of Iustice to recompence that of Piso In the great Warres betweene Charles the fifth and Francis the first one Raynucio was imprisoned at Millan for betraying a Fort to the French his wife who for beauty was called the Nose-gay of the Parish petitioned the Governour for her Husbands inlargement the Governour our being so enamoured that there was little hopes of liberty had there been no more in it but that he might behold the Lady who daily attended with Petitions being able to conceale the fire no longer told her that his life was in her hands and he was as much her Prisoner as her Husband was his and that she must yeeld to his desire or be an undone widow the vertuous soule covered her cheekes with the colour of Roses and desired to speake with her Husband whom she made acquainted with it telling him that if her life would save his she would gladly lose it but my honour being required you must prepare for death he commended her magnanimity and how sad their parting was you may easier conceive then I can expresse the houre being appointed for his execution he considered that life was sweet and skin aâ—ter skin one thing after another what would not he doe to preserve a little momentary breath sends for his deare Consort Communis error non facit jus True honour consists in a Christian sufferance of the greatest misery rather then to commit the least sinne and cries to her as if he had beene her childe to yeeld to the Governour and to win her consent saies First that honour consists but in the opinion of the world and that a sinne wholly concealed is halfe pardoned as the Priests use to say Secondly That Spaniards are most faithfull in keeping promise and no doubt he would sweare never to reveale it Thirdly That he would be the death of him as by the Law of Spaine he might for any man may kill him that lyes with his wife the provocation being so great In Italy he must kill his wife as well as the Adulterer or else he dyes for it as being presumed that he did it not in the way of Iustice but revenge the poore soule yeelds for as Job saies if this be the condition of our temporall being The least fall from grace is a fall from Pauls that we never continue in the same condition much more are our spirits mutable as they are more subtill not that I speake this in the least title to justifie her for should I goe about to excuse it it might be a greater sinne in me then the offence was in her as for a Lawyer wittingly to Patronize an unjust Cause is worse in him then in the Clyent Garcias had her in his power as a bird insnared and being weary dismisses her with a promise to set her Husband at liberty but the Spaniard considering that a man or womans honour is like a great Fort take that and you command all the rest tells the Prisoner that he must pay ten thousand Crownes redemption she with much difficulty satisfies that demand likewise and was promised that her Husband should be sent home to her house the next day but the persidious Governour bethinking himselfe what danger he might incur from the Emperour and fearing that the man might be revenged on him for dead men doe not bite therefore in some places of Italy you may have a man killed for five shillings but not cudgelled under twenty sent a Priest to him to prepare himselfe for death and caused his body divided from his head to be sent home the next day in performance of his promise now for the poore soule to see her selfe deprived of Husband Honour and goods altogether her griefe was above expression and the torment the greater that if it were discovered she would be abhorred and if concealed it could not be cured at last with extreame shame she made it knowne to a friend both able and faithfull Hercules Estius Now the Duke of Ferrara being Generall for the Emperour Aemelia presents her requests for Iustice against Garcias who was convented at Ferrara and thinking that as the Adultery of Mars and Venus served onely for sport in the Court of the Heathen Gods thought that the Generall would but laugh at the conceit or at the worst would remand him to his Command at Milan perswading himselfe that in such a case his Souldiers would not let him suffer he confessed the fact said it was so pleasing a sinne that it was impossible he should ever repent of it and upon the matter told the Generall that the Traitor was deservedly executed and therefore he was not troubled at what might be the event of it Saies the Duke Why am I made great but that I should doe Justice upon the greatest offender Garcias said the Duke you must restore to this Lady her ravisht honour Sir saies he That is impossible and what 's past helpe shall be past greife But you may Marry her saies the Duke for you loved her once and you must love her for ever or lose your life and that you shall doe this day I loved her indeed saies Garcias as Herod loved Mariamma or as the Hunter loves the Venison to make sport or to feed upon it but I am not prepared for death therefore I chuse rather to Marry her Aemilia upon her knees intreates that she may rather dye then Marry him whom she so much abhorred but the Duke having whispered with her she submitted to his good pleasure The same Priest joyned them together by vertue whereof she was intitled to his Estate and of a forced bargaine Garcias hoped to make the best
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 pâ—tor 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 boldly to it for great is tâ—e 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 Pamphlet b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 is c Multa non â—onfirmantur tacendo Sed despiciuntur non â—efellendo many things are rather despised then confirmed by Silence But when Courts professâ—ons 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 rule d Qui tacet conâ—entire vidâ—tur Silence gives consent which how ever learned Dodridg qualifies with this restriction when it is for the benefit of him that is silent e Qâ—ando loquitur pro ejus Commado tacens habetur pro â—onsentiente in materia honorabili â—no vitupe rabili As that of the Jewes to our Saviour f ohn 8.48 Say we not well that thou art a Samaritan and hast a Devill Iesus Answered and said I have no Dâ—vill implying himselfe to be the good Samaritan mentioned by St. g Luke 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 fâ—om 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 must 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) 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) Non mercenarium sed honorarium mercenary wages but an honorary requitall which may be taken but not required though I believe many pay a very vaâ—uable and meritorious consideration for what they receave so many (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) Optandum non expectandum wished then as yet to bee hoped for that Ministers Coâ—nsellors and Physitians being of such noble professions would exact nothing if they had otherwise sufficient (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) 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
are drawne by some illiterate pretender to the Law who hath one formilarie for all bargaines one Saddle for all Horses Expectata diâ— seges allâ—sit 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 litigationâ— and preventing Iustice is better then punishing because there is no offence commited 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 tâ—e 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 Lâ—â—vs dolores c. Seneâ—â— 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 Victi â—est 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 mouth 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 had 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
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 h Per 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 against 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 legall 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 of 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 souâ—e 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
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 leavened 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 composed 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 a 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 it s 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 because no man must exercise any profession Honeâ—â—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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Justice and Law Conciliarii sunt organa justitia in corpore politicâ— 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 hatâ— some 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 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
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 Tresâ—erudite Seniors will not in their 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 the 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 juditially appeare to the Court let every rationall man determine away with all bugbeare objections of ignorance or confusion and carnall reasonings le ts have Scripture Lawes and summary quick proceedings and after Naseby fight Quasi 2d Angliae nativitas le ts 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
of it but that which was as lushious as Locusts proves as bitter as Coloquintida for the Duke adjudged him to lose his head instantly and the same Priest appointed to prepare him for that fatall blow And blessed be God for any good beginnings in this kind which the eyes of good men behold with comfort both at Westminster and this new election of Councell in this renowned City the Hierusalem of England Of which famous City our Profession being so much indebted to it I must in duty say thus much of it it is the Ierusalem of our England and now the receptacle of the Saints the Lord hath had in all ages some hiding-place for his people untill his indignation be appeased and where but here A strong argument to me in all these Commotions that the enemy should never set his dirty foot upon this Virgin City it is an Epitome of the whole Land the heart of the Kingdome the Chamber of the great and most Honourable Councell and the nerves and sinewes of our just defensive Warres and next under God and our Worthies in Parliament the chiefe preserver of the whole Kingdome and now in true esteeme the most glorious City in all the world Fateor naevos in vultu veneris but I spy a mole in the face of Venus Beggers are suffered in our English Israel Oh the fearefull noise that the poore Prisoners make for bread for bread the hydious noise that was made at the Sacrifice to Molech that the childrens skrikes might be drowned is nothing to it Audio vocem esurientis because we are Christians what English heart but must cleave if it were a Rocke melt if it were Ice soften if it were Iron dissolve if it were a Diamond to heare a poore soule in such anguish of spirit bitterly cry out Oh Bread Bread for the Lord Iesus Christs sake Bread we are a great company of poore Prisoners almost starved and pined as if their Soules were ready to take their flight for such unkinde usage did not custome take away the scandall of it and inure us to it as those that can sleepe quietly neare the Catadupes and great falls of the water of Nilus shall we deny bread to those or to any for whom Jesus Christ shed his precious blood having such plenty as blessed be God we still enjoy to admiration and professing our selves bretheren of the same faith Indeed for Prisons the Banquet is a most excellent composition of Charity but I feare many are in extreame want it may be such as are ashamed to begge truely since by our Law which is contrary to the practice of other places the Creditor is not bound to maintaine the Debtor whom he has disabled from geting his living it lyes much upon the Governours that no man want Bread and necessaries one man is thrust downe into the Hole not having two pence to pay for his Lodging Is not this against the Commandement another stands at the Gate blowing his fingers because the Creditor will not let him get his living by the sweat of his browes a third lives upon the Basket that had he his liberty might releeve others as formerly Merchants have done now truely if it shall appeare that any man shall fraudulently or subdolously get into his hands another mans estate I thinke he ought to be severely punished as in Roan a Father and two Sonnes were executed as decoctors and melters of other mens Estates Decoctores bonorum alâ—orum suspendantur that had borrowed ten thousand pounds not being worth a Groat nor any probable possibility to be ever able to satisfie but for a Merchant that has lost his Estate by the immediate hand of God through shipwracke or other casualty to be persecuted upon the Statute of Banckrupts and the Wife to be examined against the Husband and if twenty pound be concealed to preserve a numerous family from starving to be set upon the Pillory and lose an Eare whereas if right reason might take place the Banckrupts Wife should be provided for in the first place according to the Portion she brought it being the most ancient and primitive Debt a man being more straightly bound to his Wife and Children then he can be to any Creditor and after all this to lye in Prison perpetually Scripture prisons were for custody not punishment Oh that we had the tender bowels of our Father and would seriously study Mat. 18.23 that famous Parable or similitude But some object that little Money will be lent upon such security truly I am confident there would be more honest Bargaines and lesse fraud and how was it amongst the Jewes when there was a yeare of Jubile that all Debts were released the seventh yeare now the word fraud puts me in minde of a good remedy to prevent it which is that there might be an Office in every County to Register all Leases made for any Land in that County and indeed all conveyances whatsoever and all charges upon the Lands and all Bonds and Contracts of any great value for 't is a hard matter to finde out Recognisances Judgements Extents and other Charges and too chargeable for the Subject that so for twelve pence or some such small matter every man might know in whom the interest of Land remaines and what incumbrances lye upon it and every Estate or Charge not entred there to be void in Law but then saies a miserable hunkes My Estate will be discovered and what will become of trusts truly till about those unquiet times of R. 2. and H. 4. we reade of few trusts or uses and if it please God to settle a well-grounded Peace as I hope comparing what has been done with what is to be done two parts of the difficulties are surmounted I know little use of any private trusts the square dealer cares not who sees his Commodity No doubt it were a happy thing if every mans Estate in the Kingdome were generally knowne then he that is not worth a Groat would not goe in a garbe of five hundred a yeare and incurre Debts irrecoverably another hugs himselfe that he can cousen mens expectations making men beleeve by his old shooes that he is not worth five pound when he has thousands in his Coffers As the Gebeonites Ios 9. of which dissimulations the latter is the worse it being better for a woman to paint then to blurre her countenance It is to be wished that the poore soules of Prisoners were better fed Elemosina cordis manori est quam corporis that so the losse of their Temporall liberties might be recompenced by spirituall advantages though to the praise of this place be it spoken that here are Ministers appointed for most Prisons but in Country Goales it is sad to consider their deplorable condition a small matter yearely laid upon every Towne in the County would maintaine a Minister for the Goale Five shillings a Towne who by love might gaine much upon their
party threatens to destroy the Parliament and so to drye up the fountaine of all our lawfull Libertyes the Parliament desires not to diminish his Majesties just grandor but to defend themselves and the Kingdom from violence and oppression For what ayme can a House of Commons have but the Common good But I leave that blesse God for what I see of some new elections of honest religious Lawyers of our society my life upon it Anonimous they will have no designe but the Kingdomes happinesse I tell thee none so fit as such Laweyers to be elected I doe not one whit disparage Gold when I say a Diamond is more valluable but I will make no such difference this I know I may say without offence that an honest Lawyer is as a 22 s. peece and an honest Gentleman as a 20 s. the reason is because he is both a good man and a Lawyer now a double sufficiency abillity must alwaies be preferred before a fingâ—e I would not so much advise as intreat my dear Countreymen that they would seriosly consider that the happines of this Kingdome is principally wrapt up in good elections it being of as great publique concernement for Countyes and Burroughs to choose worthy Patriots for Knights and Burgesses as the choyce of a wife is for any mans private happinesse wherein once to erre is to be undone perpetually And therefore to be exceeding carefull to choose men well principled for truly if there be not the Anchor of sincerity a principle of grace above pure naturalls it is a greâ—t marvaile if such men be not carried away with the winde tide of private advantages looking too much after the cock-boat of particular pecuniarie or amicable interests and so neglecting the ship of Sate Men of publique spirits that have been active and faithfull in times of greatest danger It is all the justice in the world that those which have suffered most for the Kingdome should be honoured by the Kingdome not to choose lookers on much lesse a It was a most gallant speach of My much honoured Lord the Noble Earle of Deubigh that if his Lordship knew of one drop of Malignant blood tunuing in his veines he would let it out himselfe Malignants or Neutrals which wise Solon could never indure as judging them rotten-hearted to the State that lay onely upon advantages to joyn with the stronger Party Then Faith b Spiritus Regenerationis et Regiminis faciunt felix Maritaginum Faithfulnes being premised the more humane learning the greater parts abillities indowments in all other respects both mentall and corporall the better it must needs be without exception because humane learning is consecrated and appoynted by God for publique government and certainly he that undertakes so weighty a businesse with feare and trembling and a Godly jealousie over his owne heart and abillities continually imploring Caelestiall assistance is the likeliest man to be instrumentall for all our happinesse for c As ingenious Mr. Withers observes who hath prevented me in this subject in many juditious Observations and directions Had it not been for our Renowned Hâ—mdens Pyms Goodwinâ— nonâ—e actum fuissâ—â— de Libertatibus truly to be a Parliament man requires a piercing judgement and a deep foresight into publique administrations this I would onely begg of my deare Countrey men that in doubtfull cases when many may justly be elected that they would allwayes preferre him who in the constant course and tenor of his life hath given largest testimony of his love and affection to God and goodnesse for truly Iesus Christ hath saved the Kingdome But if all Electors should not walke by that rule it does not any way reflect upon the non elected no more then when two noble Gentlmen court a worthy Lady where one must needs have a deniall He that in the sincerity integrity of his heart desires to serve God by serving the Kingdome in a publâ—ck way if he be lawfully called thereunto internaly by God externally by man he may l ve with content and shall dye with comfort as the wise Venetian that was not called to the Senate said I rejoyce that there are 500. abler men in the Citie then my selfe It is a most happy condition to be ever doing good and to be just serviceable to our generation in sincerity without hipocrisy but what paines soever any man takes for his Countrey it is but cracking an hard shell the kernell is his owne sweet content here and perpetuall mansions hereafter Vendidit hic auro Patriam As on the contrary Traitors to their Countrey Subverters of Lawes and Libertyes will be placed in the worst chambers in Hell before selfe-Murderers As for Reformation in Courts of Justice where any thing is amisse I protest it is my highest ambition I ayme it in my profession there is an envious opinion which I would fain remove that Lawyers are enemyes to Reformation in matters of Justice I am sure every honest Lawyer heartily desires the good of his Country whatsoever the Parliament shall conclude most conducible to publique justice I hope we shall embrace with all alacritie knowing that we are a considerable part of the Kingdom what is good for the whole body must needs be good for every part of it Indeed if there be any malignant or newtrall Gown-men or Swordmen that have publick imployments high Places â—erdate vâ—i â—â—iori â—â—ista loquiâ— qui est omâ— homo â—t conspiraâ—ta Daemonia Take heed Gentlemen saies the Italian when a Jesuit comes to aske any question for where great parts and little honesty concurr then Caveto be your Councellor And truly that word Sword men puts me in minde of our pretious Armies which no doubt are dear to the remembrance of every good man as the most vertuous Lady to an inamored Suitor It would be a very unrighteous thing and me thinks blame worthy to forget their extraordinary labours of love and to conclude a Lawe treatise or indeed to write any booke without an Honourable remembrance of them that have been so instrumentall to maintaine our Lawes and happy Government For I know no greater Argument to perseverance next to an inward Principle of goodnesse then that honest men are fully perswaded that a man is just and gratious for a great ingagement lyes upon him to answer expectation Greater love did never any Nation show then the most honoured Brethren of the Kingdom of Scotland to come in so freely to help the Lord against the mighty the Lord recompence it and all the good that they have done for us unto them with all Spirituall and Temporall Benedictions What Laurels of honourable Prayses are due to the most Noble late Lord Generall Illustrious Essex to numerous gallant Commanders under his Excellencies command Oh that we had an Homer to sing the praises of every good and great Achilles The King of Sweden was wont to say upon the death or
of Honour to determine such difference for many men care not what they say if the words bee not actionable and a Gentleman may be called Devill Knave Rogue Rascall base paltry fellow Jackstraw and a Ventum sadi Jade Witch Whore and many other barbarous provoking speeches which for the present are not fit to be knowne therefore I forbeare to mention them which being not actionable the parties provoked fall to striking to rescue their ravisht honour and so take the sword out of the hands of Justice to the great dishonour of Government and many cunning fellowes will purposely give such Curtish language to ingage men to strike and so to bring an action and then the Law is defective in this that he that is stricken may beate the striker outragiously and yet may justifie in his own defence wheras between one blow and twenty there is no equality of reason But when a man is dishonoured by words Actionable the Law is so tedious mens spirits being inflamed and inraged during the suite and hazardous that a quiet spirit has little minde to sue besides the judgment of reparation is left to i. e. men that understand common honesty but are not sensible of honour and reputation with us the very life and bloud of a Gentleman and the sweetest flower in every mans Garden therefore it is requisite that Justice in these cases might bee don in a more summary way that having seriously considered 1. The occasion if just or unjust 2. The persons if inferior or superior 3. The times And Fourthly The places whosoever has scandelized or disparaged any man that the wronger bee adjudged to aske him forgivenesse to unsay it publikely and if he be damnified in his estate to repaire it and his estate seized for the money and himselfe imprisoned during his contempt and to be esteemed of all honest men a barbarous rude and uncivill person unfit for civill company and humane society for men that will not submit their action to bee tryed by Law which is the Levell that all good men desire to walke by and by Justice which is the chiefe of all the vertues it being but just and reasonable that every man that wrongs another in any kinde should make him satisfaction to his ability are fitter to live amongst Beares and Tigers then in a well governed Kingdome and if this be not according to the minde of Iesus Christ I shall retract it upon conviction Kinde Reader There is a late Treatise set forth by William Ball of Barkham Gentleman intituled The Sphere of Government wherein there is one dangerous opinion Like a Fly in a Box of Oyntment he puts a Case by way of supposition that suppose the King and Parliament should make an Act that they would and might dispose of all Subjects estates in Engl. and that they might take from whom they please and what they please in such an impossible possibility as he ingeniously cals it he answers that the Counties might ought first to Petition and so far I agree with him in it being an humble tryall and commendable way but addes further that if it be not remedied then they may declare and protest against it if violated then they may defend themselves by Armes I would not willingly construe any mans words beyond his meaning but this I must say that it is an expression of more dangerous consequence and more derogatory to the just power of that supreame Court then any thing that I have seene or heard this Parliament for doe but imagine any refuge or shelter from that which the supreame Court shall declare to be just in civill affaires and you instantly erect a higher tribunall which must bee as prodigious as many Sunnes in one Firmament as Jupiter said if the Sunne should marry and beget another Sunne there would instantly follow a generall condagration and burning up of all things for if the people should but once drinke in that error that the Parliament is not the supreame Judicature in all cases but that they may in some cases araign the greatest Court no man shall weare a new Garment then sadde distraction would be but a flea-biting to what would follow And whether it be in a matter indisputable or disputable it will not make any difference for if the supreame Court bee not supreame to all intents it is not supreame to any intent Magis Miâ—â—â— because there is a higher above it There is in the Kingdome so many thousand Acres of land either the Parliament may settle and determine the right of all their Acres or not of any one of them for there is no medium and more and lesse make no essentiall difference in reason the latter whereof is such a Parodox that he that is halfe sound in his Intellectualls will be ashamed to owne it but many a man maries a Widdow that would gladly be rid of her Children The high and honourable Kings Bench is a superintendent Court and deales in matters Capitall which the Parliament rarely does yet cannot bee called the supreame Court because accountable for administrators irregular and illegall The deciding point of power must rest in some Court determinatly Apex potestatis for there is and must be in every Kingdome one supreame Tribunall from which there can be no appeale otherwise the stronger will destroy the weaker and Civill Warre must follow unevitably True it is that the Law is a rule to the Parliament so long as it is in force but any Law may bee suspended or abrogated and a new one introduced and surrogated as to the publike judgment of State shall be adjudged most conducible for generall safety and tranquillity according to severall exigencie and State emergencie otherwise the Kingdome would be in a sad condition for the Law which is for its preservation would occasionally be its ruine and destruction But I shall tell him in love where I finde his feet sliding hee mistakes the nature of democracy where the power resides in the people as all lawfull power originally is they may nominate what Governours they please and may prescribe in what forme they will bee governed but when they have settled a forme and elected Governours they may not displace and change that Government As for the purpose Geneva is a pure democracy every inhabitant has a voice in the election of 200. which are the grand Counsell and they elect 25. who elect 4. annually this must endure to the day of Judgement unlesse changed by mutual consent the people in reverend Mr. Calvins time having cast out their Bishop would have changed their government Mr. Calvin tould them it was a direct breach of the 5. Commandement that he would be a pastor of sheep and not of Wolves and left them till they were convinced of that error His instances of Arbitrators and Feoffees in trust are lame if they abuse their trust the Law provides a remedy because their power is limited but it is impossible that the
supreame Court in any Kindome should bee limited nor can it limit its owne power no more thâ—n a man can continue alive and cease from breathing and exercising other naturall functions true it is that the body represented is stronger then the representative but the legall authority is in the parliament where it has bin planted and settled for many hundred yeares and let that hand wither that shall seeke to Rob them of it for a government there must be and no human policy could ever finde out a better Loving Reader I pray the likewise take notice of a 3. leaved Pamphlet intituled newes from Hell Rome and the Inns of Court and believe it that Hell and Rome are the two Elders and the Innes of Court the chast Susana when our Clients give us a Fee wee take it in love as a Chast virgin does a paire of Gloves sent unto her for a love token if the giver expect any bruitish thing we abominate the first risings of dishonesty the Author like one of Machiavells Schollars thinkes by his over confident calumniation to make some thing stick upon our noble and Gospell profession but it is but shooting a headlesse Arrow against Armour of proffe for our profession is pure Marble 1 Tit. 3.13.14 and no dishonour can be imprinted upon it but upon a second perusall of it I finde that in a Charitab e construction what he said may be intended only of such Lawyers that are of the Oxford party therefore I passe by it And now Curteous Reader to draw to a conclusion because I will not trouble those that need not know so much nor weary the intelligent Reader I have but one word to speake to my adversary which is to intreat him as a brother to retract this fond and weake oppinion as being though I am perswaded not intentionally yet consequentially destructive of all state pollicy or else truly Anonimus Though it bee such an error that thou maist carry to Heaven I shall not bee freinds with thee that is with thy oppinion for I will ever be a freind to thy person for I praise God J am not so wedded to my owne opinion as to love no man but he that shall concurre with me hee that loves another man only because he is of his Judgement loves himselfe in that man as hee that mournes for the death of a friend mournes perhaps rather for his owne losse If there were some lines of Communication and rules of association or such principles of union that all honest peaceable men though of different judgements might walke with indeared affections to one another Duraeus inclitus Scotus peregrinavit multos annâ—s pro Concordia inter Lutheranos Calvinistas Beati pacifici Jllusâ—rior est vnio quae nascitur ex charitate quam vnio cujus precium oritur ex raritate till every mans spirituall eye sight bee equally alike provided that no oppinion be any way destructive of State policy as tending naturally to inflamations certainly it would exceedingly conduce to a most hapy reformation I blush to read such extreame bitter passages and railing invectives as daily come forh to gratifie and make musique for our Enemyes for shame forbeare or cease to be Englishmen I would presume for the reconciling of various oppinions and preventing all disaffections as much as may bee to propound to our most noble Senators that learned Godly and sweet spirited men might bee appointed so soone as they heare of any erronious opinion so generally conceaved mildly to answer every printed error to repaire to the Authors or maintainers of it loveingly to shew them their error and to admonish them convictingly whereby thousands by Gods blessing may be convinced for spirituall maladies require spiritual remedies and the Governors not so much as acquainted with it unlesse it be a moot point and very disputable and then further light must discover the nakednesse of it We Lawyers know what is a breach of the peace and for prevention let men be bound to keepe it if there be a just feare for no rationall doubt can disturbe the peace of the Kingdome as that Noble Peere who went to Heaven as in a fiery Chariot in an active Martyredome for the publique good cleerely demonstrates in his divine treatise concerning Bishops reason being the perfection of every Kingdome What a stir there was in the Bishops times about privat meetings as if poore soules that meet in Corners to pray and that for the happinesse of the Kingdome whose prayers no doubt were heard as being favorites of heaven would thereby disturbe or endanger the peace of the Kingdome oh that ever rationall men should give such a Bill of divorse to common sence and understanding This is practised amongst the Pontificians with great successe answerable to the Venetian policy where when any man is injured by another the patrons of Iustice finde out the party wronged Quadruplatâ—res and follow the cause for him to take of all vindictive prosecutoins that every thing may be done for the love of Iustice and 3. or 4. in every County authorised as arbitrators generall to take up and compose all private quarrells and differences in a Christian way of love would prevent numerous suits and vast expences and truly every man that professes to be a Christian should study hard to bee a Sonne of Truth and Peace One thing I must insert that may answer all objections that whensoever any man in humility propounds any thing tending to a politique reformation of something that he conceives to be amisse in a Kingdome that he must cheerefully submit unto the present practise untill the wisdome of State shall otherwise determine according to that excellent saying we tollerate or rather submit to many things which we do not love Multa toleramus quae non amamus Farewell Anonimus that I may speake freely I think thou art an honest man and of a publique spirit two excellent qualities for which I esteeme thee but in this thy zeale is not managed by right reason If any man towards the Law be unconcionable in his practise the Lord worke repentance in him so as to make restitution as in the case of Zacheus No period better then prayer Therefore here I cast Anchor and bind up these spreading lines Additionalls omitted in my absence P. 17. L. 31. adde I heare many complaints that writs of Error are not determined truly if any man will not pay his debts that is able but takes advantage of the Benches Vacancy I wish he were in excecution to morrow but if poore men bring writs of Error meerly to preserve their Liberties it is far better for the Kingdome that they should hang in suspence and abeiance till domesday As in the Iewes divorcesâ— Difficillimum est homines amplissima fortuna ditatos legibus â—ntinere Plato then that any man by Indurance should be disabled from serving God and his Countrey in their lawfull callings and this is not