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 p [...] ­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 [Page 2] to it, for great is t [...]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 [...]. 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 isMulta non [...]onfirmantur tacendo, Sed despiciuntur non [...]efellendo. many things are rather despised then confirmed by Silence. But when Courts, profess [...]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 ruleQui tacet con [...]entire vi­d [...]tur. Silence gives consent, which how ever learned Dodridg qualifies with this restriction when it is for the benefit of him that is silent,Q [...]ando lo­quitur pro ejus Commado ta­cens habetur pro [...]onsenti­ente in mate­ria honorabili [...]no vitupe ra­bili. As that of the Jewes to our Saviour,ohn 8.48. Say we not well that thou art a Samaritan, and hast a Devill, Iesus An­swered and said, I have no D [...]vill, implying himselfe to be the good Samaritan mentioned by St. 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 f [...]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 [Page 3] 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 hadWhich 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 aNon mercenarium sed honorarium merce­nary wages, but an honorary requitall, which may be taken but not required, though I believe many pay a very va [...]uable and meritorious consideration for what they receave, so manyPer 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 beOptan­dum non ex­pectandum. wished then as yet to bee hoped for, that Ministers, Co [...]nsellors and Physitians be­ing of such noble professions, would exact nothing if they had otherwise sufficient,Ne vide­antur id ven­dere quod esti­mari nequeat. least they should seeme to sell that which is invaluable, every man ought to give his ClyentBonum & 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 such [...]ase the Prote­stants [Page 4] 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 in­tr [...]ducto. 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, [...]lowd [...]ns [...]oument. 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; w [...]ich 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 g [...]neration 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 ne­ver [Page 5] 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, certainly [Page 6] 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 conten­tious [Page 7] rich man to a poore man that is not worth 20.Anglia fami­lia plernmque ex Septem Gallica, ex Se [...] consistit. 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 Councellor [Page 8] 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 or [Page 9] 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 intu [...] erit. 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 di [...] seges all [...]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 litigation [...], and preventing Iustice is better then punishing, because there is no offence commited [Page 10] 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 t [...]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,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,Victi [...]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 [Page 11] 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 [Page 12] 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, [Page 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 Sibb [...] would 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 wh [...]reof 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 this [Page 14] 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 wil­b [...] at 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 p [...]eading, 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 doub [...]e 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 satisfie [Page 15] 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 cons [...]nted 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,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 [Page 16] 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 [Page 15] 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 [Page 18] 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 sou [...]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 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 V [...]rg. At Geneva, and in New-E [...]gland. 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 constitu [...]ion 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 th [...]roet mensa [...]on 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, [Page] 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,Tedi [...] vitae. 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 forf [...]ited 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 [Page] 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 specia [...]l 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 In­ditement [Page 23] 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 no [...] bonus 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 mat [...]er & 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 issu [...] and 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 dec [...] media. 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, [Page 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 despe­rate [Page 23] & 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 it [Page 26] 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 are [Page 25] 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 the [Page 26] 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 n [...]cessary 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, Ano­nimus [Page 27] mistakes like a Nonitiat [...] that 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 why [Page 28] 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,Va [...]a 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 audi [...]i per t [...] ­tam 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 hee [Page 29] 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 a [...]bore placuerit, nulla arbor mihi pla­cet. Lego totum sta­tum meum Je­suistis & filio meo quicquid eis placuerit. In dubijs quod minimum est sequimur at [...]ix. 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 b [...]cause 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 settle [Page 30] 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 F [...]ance, 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 is [Page 31] 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 told [...] Apollo 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, why [Page 32] 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 leavened [Page 34] 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 [Page 35] 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 Chā ­cellour, 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 [Page 36] 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, because [Page 37] 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 [...] 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 [Page 38] 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 hat [...] 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, [Page 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 welfar [...] of 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 bef [...]ts 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 wife [Page 40] 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; [Page 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 f [...]ast, 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 learne [Page 42] 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,S [...]ctam 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 Tres [...]erudite Seniors will not in their [Page 43] 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 [Page 44] 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 [Page 45] 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 gi­ving [Page 48] 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 up­on [Page 49] 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 Qu [...] warranto in Ed. the 1. time when, knowing mens charters were lost, in the Civill Warres they were forced to pro­duce them, forceably ravishing a Virgin,Parrium dici a te perpetrari potesta me ex­cusari non po­test. and then putting her to death, for the losse of her Virginity; for if the King may take what he please in case of necessity, and be judge of that necessity (as Lewis the 11. said of France, was a meadow he might move as often as he judged it necessary) England must needs bee a necessitous people, when they were sollicited to deliver their opinions against those wor­thy Patriots, whose names ought to bee famous to all po­sterity, they should have answered as Papinian did [who said, being Chancellor to Caracalla the Emperor who had murdered his Brother Geta] you may perpetrate, I may not excuse fratricid, for which he was presently put to death, the end of the Iudge is, to do justice, and the end of a Lawyer, but to perswade the truth, a man must not for [Page 48] to save his life,Non propter vitam vinendi perdere cau­sam. loose the end of his living, the only neces­sity is for every one to be honest, but it is no unusuall que­stion why so many Judges and learned Lawyers deserted the Parliament, and inclined to the other party.

It was a question at Trent, why more great Scho­lers held that the Pope was above a Councell, then the Councell above the Pope, honest Vergeus made answer that the reason was plaine, because the Pope had more Car­dinalls Caps Crosiers-staffes, sat Bishopricks, and Larded benefices at his disposall to recompence such opinions then the Councell had; as one being asked what the Arminians held? answered merrily, most of the fatte livings in the Kingdome.

But now since by Gods gracious providence, the wise­dome of state have the power to replenish and fill the Courts of Justice, what qualifications are required in the reverend Justices? fall under consideration?

First Science for the ignorance of the Judge is the cala­mity of the innocent,Ignorantia ju­dicis est cala­mitas innocen­tis. an ignorant Judge being worse then a corrupt Judge, for the one may sell Justice aswell as injustice, but he that understands not what right is cannot be said to doe justice to any, be learned ye that are Judges of the earth.

2ly. sapience, not wise to doe evill, but that wisdome, that he which the evangelicall Prophet calls Councellors advises;2. Ps. 10. that a Christian should bee innocent as a Dove, ne­ver to hurt any body, and as wise as a Serpent, that no bo­dy should hurt him, there is much wisdome required in a Judge to discover fallacies, which sometimes may bee presented as verities; for many times by artificiall deceit (which is of all other the worst) the matter is so tricked, shadowed and heightened by colour of painted Art, that the Judges themselves may be abused and beguiled if they be not very wise; The Civilians say that if a Judge be wise, no advocate can hurt a good Cause, for if the Lawyer can by his wit disguise and varnish over a rotten cause, and speake well in a bad matter, which is not eloquence but [Page 49] loquacity, certainly the Judge is able to speake much bet­ter in a good cause, and to set a farre clearer glosse upon the truth if need require.

3ly. Prudence which acts in every individuall circum­stance, Law cases being as mens faces, seldom 2. cases so like, but there is some difference, now in such multiplicity of businesse, a Iudge had need be very prudent, not to em­brace a cloud for Iuno, I am perswaded if one observati­on might but take place,Imbeculum pr [...] Junone. it would be a meanes to retrench and cut off all unnecessary delaies & tedious protractions of Law suits which are so greivous to the subject, and that is, that every mans Grant, and all bargaines, Contracts, and words, should be taken and construed according to the parties meaning that, the Judge and Jury should have no­thing to do but by the manuduction of reason to investi­gate and find out the parties reall intentions and plaine meaning, and so find and declare the Law accordingly, It is a rule that mens grants and intentions must be regula­ted and construed according to the Law, and not the Law according to their intentions, I agree, that the Law must be the rule of all justice, and that Law which is most cer­taine and leaves least to the Judges arbitrary discretion is ever the best, but undoubtedly this rule would be the mo­ther of the greatest certainty that can be imagined, for eve­ry mans meaning will easily be found out and made evi­dent, and this would beget a sweet harmony and friend­ship in all Civill affaires, for no man should be suffered to defraud or goe beyond his Brother in barganing, where­as some crafty Fox that hath observed the strict formalities and niseties of Law,He was a most excellent man for naturall science and discourse Cecil most famous for prudence and direction practicall. will easily surprize a credulous nature which suspects no hurt, many times to his utter undoing, I know what my Lord Bacon saies in his third rule against this, but I submit it to juditious consideration, And this is practised in matters testamentary, All agree that mat­ters of Parliament, Arbitrement, Testament, and other words that end in ment, must be construed according to intention, why not aswell in all contracts? the reason is [Page 50] given, that when men lie sicke, they have no opportunity to get Councell, pray, why can you not aswell send for a Lawyer as a Physitians,Iacentes in ex­tremis. if sick men have that favour, why should not the Law be as kind to men in health?

4ly. Purity of hands and chast eyes for a bribe will make the most eloquent man mute as a Fish, I know our reve­rend Judges who take their delight in the Law of the Lord, study the 1. Kings 8. where I note that it was the a­varice of the Iudges that made the people of Israell revolt from Samuel, and desire a King, and in Deut. and Isaiah, no Kite,Deut. 27.19. Esa. 5.20.23. Eagle, or griping Bird, was to be admitted into the Temple of justice, and I hold it a dangerous thing for Iudges to take any presents from any man, though in things commestible and corruptible in 2. or 3. dayes which the Romans allowed, for there is a kinde of hope in the gi­ver to receive favour from him, if any cause come before him, and a generous propensitie in English spirits to re­quite the least curtesie; I remember an host in Languedoc told us that he had a Turkey cost 40. s. English, and marve­ling at it, he told us that it was first presented to a Iudge whose servant sold it for 5 s. to a Client which presented it to another Iudge, and his servant sold it for 4. s. to one who sold it to another Client for more, who presented it to a­nother, and so in a circular motion till 8. or 10 Iudges had beene presented with it, till about the end of three daies the host bought it,Integer vita saclerisque pu­rus quam sum­me fieri potest in humana na­tura. and truly few ingenious men could scarce bridle their cheeks from laughing at stories about presents made heretofore (though now blessed be God, we heare of no such matter) that have served for table talke, a time which Christians should improve for spirituall advantages.

Integritas ju­stitiariorum est selus subdita­rum.Fifthly, Integrity of Conversation; Hee that is to judge the Lives, Honours, Estates, and fortunes of others, had need himselfe bee exempt from blame, Hee that is establisht to reprove others, ought him­selfe to be irreprehensible as much as may bee in humane nature, the integrity of the Judges is the health of the Sub­jects, [Page 51] therefore as Calvin said at Geneva, Gentlemen, super­stition hath formerly kept her Throne and Court in this place therefore we must be more zealous then others for the purity of Gods holy ordinances, so say I, what heavy oppressions and iniquities were perpetrated and groaned under in our Courts of Iustice before this happy Parlia­ment, every man knowes it too well, let it not bee told in Gath, nor published to the dishonour of our English Israell but as a stumble may prevent a fall by taking the better heed,2. Sam. 1.20. so I doe not doubt but for the future we shall have such worthies preferred to places of judicature, that shall make it their meat and drinke, to execute justice, to wit­nesse their love to Iesus Christ.

The former qualifications are necessary in all states as well heathenish as Christian, therefore there must be some other distinstuishing Characters, I would gladly speake my thoughts about two things,I looke upon this Covenant as the most admirable hu­man writing that ever was in the world. Malignancy commonly so cal­led, certainly a Malignant Iusticer is the worst of all Malig­nants, or if any be a neuter the difference is but graduall, we have solemnly covenanted neither directly nor indirectly to give our selves to a detestable indifferency or neutrali­ty in this glorious cause which hath never offended, and which indeed is rather Gods then mans.

Therefore if any man should sit upon the bench that is disaffected, it must needs be of dangerous consequence, be­cause by common intendment, he conserves and carries the Law in his breast, and if a Iudge should come into any County and there declare any thing done by the Parlia­ment to bee illegall, and twenty worthy Commoners should make speeches to the contrary, it is no hard matter to determine which would take the deeper impression, in vulgar breasts, nay certainly if a man bee but suspected by the generality of Cordiall men, hee is no Idoneous person for so high a place, nay what if I should say, unlesse hee be active and zealous? for a Judge should be couragious in executing his Office and in Gods cause.

I would faine aske another question (for thankes bee to [Page 52] God and our good Parliament, these are times of Christi­an liberty, the Lord grant that no man abuse it by turning liberty into licentiousnesse, for a man to beat himselfe and strike every man that hee meets, and speake irreverently a­gainst authority, this is no Christian liberty, but a furious Bedlam meriting madnesse) whether he that is not a good man can be a good Iudge?To feare God and honour authority are inseperable the image of God shining in the face of a Parliament obliges to all reverence and obedience. the reason of the doubt is, be­cause Iustice is a morall virtue, and not religious, for no doubt there are many good Iustices amongst infidells, and some that doe justice even for the love of it, for a Phylo­sopher may goe so farre, but in a Kingdome, professing Christianity as in the preamble of the Covenant (which is as the key to open the meaning of it) the words are, ha­ving before our eyes the glory of God, and the advance­ment of the Kingdome of our Lord and Saviour Iesus Christ, &c.

I conceive no man ought to be set upon so high a pin­nacle of honour, as to be intrusted with the lives, reputai­ons,Zelo vindictae pro fama, vir­tutis amore non pro honore Dei. Vltra sphaeram activitatis, si manducat pec­càt (minus la­men) si non est homicidd. Exod. 18.21. 2. Sam. 22.3. Se the Anno­tations of the learned Di­vines upon 2 Sam. 23.3. a work very praise worthy. and estates of the Kingdome, unlesse he can have that before his eyes which no unregenerate man can have, a na­turall man may doe justice betweene partie and partie for a private revenge, or to gaine popular applause, or for the love to justice, (a virtue in it selfe so sweet and amiable) but for Gods enemy (as every unconverted man is) to ayme at his glory, and to set Iesus Christ upon his throne, that is above the sphere of his activity, the naturall man cannot act supernaturally; if he eates he sinnes, if not he is a murderer, as not acting from right principles nor to a right end.

Moses was commanded to appoint Judges which had 4. excellent qualities.

First, able men no doubt, he meant sanctified abilities for learning without Religion, is lame, and Religion without Learning is blinde.

Secondly, fearing God, hee that ruleth over men must be just, ruling in the feare of God, hee that commands o­thers to deale justly must be just himse [...]fe, otherwise you [Page 53] thinke to straighten a sticke by a crooked rule, which must bee from an inward principle, the feare of God in whose right and place he ruleth; a Judge must so feare God, as to be altogether just, not in part onely, but intirely just in measure and degree, not to be just to some, but to all, and to all alike, and at all times and seasons.

3. Men of truth, every man is naturally a true man, eve­ry honest man is morally and legally a true man, but a Judge must bee a man altogether composed of sanctified truth and Justice.

4. Hating Covetousnesse, its one thing not to be a co­vetous, man and another thing to hate Covetousnesse, as it is one thing not to sweare, another thing to feare an oath, for any man that is notoriously known to be a Griper and a covetous person to be made a justicer, is to place Avarice upon the Bench, and not Justice, But who shall be Judge in this matter? Truly, who shall judge whether it be day or no? how doe I know that I am a man? In doubtfull matters the supream and ultimate judgment (from which there can bee no appeale to any earthly Tribunall) is the high Court of Parliament,An Ordinanc of man is an Ordinance of God, not to be disputed but obeyed in all cases actively, or passively, faciendo aut patiend [...]. when that has made or declared a Law, then every mans mouth is stopt, it is an anointed truth, and may not bee questioned by any murmuring or contradiction, I know a reason why every man should be reckoned irreligious, unlesse the contrary appeare, because every man is borne so, to judge him religious, I must see some fruits of it, which in a Judge should always be green, visible and conspicuous to the eye and judgment of every godly professor; But all is not gold that glisters, true, yet there is no Gold but doth glister, certainely men that in these times are preferred to fit at the Sterne ought to be eminent, for Grace and Piety, others that are but at the Oares, honest, civill, sober men may do much good in their stations.

But the question truely stated will be this; what if the best Lawyers be not the best men? or what if hee that is as it were heire apparent to a Judge, be not in the appea­rance [Page 54] of good men an heire of heaven, would you have Lawyers leape into the Chaire, and not by degree take their turnes?Per saltum & non per gradum but before I answer, I aske further, Is he fit to bee a prime Courtier on earth to execute the Lawes of God that is not a daily Courtier at the Thron of grace? and such a just man that lives by his faith in Jesus Christ? what may the full scope of the Apostle be to the Corinthi­ans concerning this matter?See the learn­ed Annotati­ons upon the first Cor. 6. this is a cleare truth that as all lawfull externall callings are from men, so the internall is from God; I shall presume to insert a pleasant story, By the constitution of the Popedome, upon the death of a Pope, so soone as the Cardinals can conveniently meet to­gether, they are all put into the conclave and have no­thing but bread and water, till they be agreed, and the E­lection must bee by two parts of the suffrages as it there be 30. Cardinalls, he that is chosen Pope must have twen­tie voyces, now a Pope being to be chosen, fifty Cardi­nalls met 30.Divine Beza called him Cardinall, Quadrato, He was so good a trencher man, Qui ha­bebat nasum cherubinum & quia non potuit esse cardo ec­clesia aposta­tia per caput vult esse per [...]asum mentio­ned by Horace Nunc est bi­ [...]endum, &c. were for one and twenty for another which being no Election, and they having continued 3. or foure dayes, and no hopes of agreement, one fat Cardinall that stomackt the businesse for want of his Capons and Pige­ons, and unguentary Greeke and Albauwines fell a sleepe, and waking told them that now the difference would bee ended, for neither of the two must be the man, for he had received a revelation in his dreame that it was the will of Jesus Christ, that one Clement should be Pope, and he askt them whether hee was not without exception the fittest man whom Iesus Christ would choose if he were personal­ly present, this put them to a stand, but they said they were not assured that it was the minde of Jesus Christ, Grasso slumbers againe and starting up as if there had been some apparition, told them that it was now out of question for Saint Peter had appeared to him and told him that it was the wil of Jesus Christ, that they should make choice of that man without any further contestation; therupon, con­cluding that none knew the minde of Iesus Christ better than Peter they chose him Pope and dismist the Conclave, [Page 55] I shall make no application but this I say, that when a good man is advanced the Kingdome indeed rather than hee is preferred, for a good Judge is an epidemicall blessing, yet I must further enquire what learning is principally requi­red in a Judge.

First for matter of Oratory, to read Cicero, Demosthenes, Orator est adu­lator nisi sit vir bonus di­cendi peritus. Isocrates, Quintilien and politique Authors which have intreated of the Roman policies, as Plutarque, Pliny, Se­neca, Cassiodore, for Philosophy; certainly all good humane Lawes had their source and originall from reason, well re­gulated and conducted from the precepts of good morall Philosophy best handled and made forth by Socrates and his Disciple Plato called the Divine and prime of the Philoso­phers,Plato Gratis vult sibi credi existimans homines ut pu­eros scepteo fe­rulae regi posse. Veris nugis verbis nudis non considerata qualitate hu­manarum lite­rarum. but they were rather contemplative and speculative in occult inventions then usefull and practicall for go­vernment. Aristotles learning for a Judge is rather to bee desired, but yet I doe not hold any of these absolutly ne­cessary for a Judge, for I consider that life is but short and that the Law is a thorny study.

And here I would crave leave (out of a sensible appre­hension of my owne wants, and a visible experience how many Gentlemen are gravelled) to propound my serious thoughts to the honoured and learned Benchers of the se­verall Societies, heartily wishing for the Students good, that there might bee in every respective house two at the least appointed as professors of the Law to direct yong Stu­dents in the Method and course of their Studies,Studemus poti­us subtilia quam utilia. Lucifera non fructifera. that they may rather apply themselves to cases profitable then subtill, for the difficulty of the study discourages many. I have of­ten thought that for an ingenuous spirit that has tasted of those pleasing liquors of Ethiques, Rhetoriques and Phi­losophy to betake himselfe to Justice Littletons Tenures is to have a jumpe of Beefe after a grand dinner;M. Britkenden to whom I am much obliged. I re­member that having read Littleton three times over, I told my worthy Master (who honoured me with a lodging in his Chamber) that I thought Litileton was no Scholler, [Page 56] and had nothing worth the reading, but his Latine senten­ces, he advised me to make it my meat and drinke, and to read Doctor and Student for a recreation, which the more I read, the more I might, for I thought my selfe in Paradise, worthy Master Shurland who read at twenty two yeares standing told us in his Speech that hee had lost three or foure yeares study for want of direction, because he speci­ally minded moot points and speculative conceits, neglect­ing cases usefull and practicall: and truly whereas we al­low seaven yeares study under the Barre, I would have 3. of them spent upon the body of Divinity, (it being as the Sunne among the Luminaries) and 4. in the study of the morall and rational part of the Common Law which is the rule of speedy justice to give every man his due with expe­dition, for to what purpose now should young Gentlemen gravell themselves in the quick sands of villenage Frankal­moigne, Quare impedits, and such unnecessary contestations, I would intreat the Gentle students forthwith to addresse themselves to the Readers to have such a thing establi­shed.

And now after this discontinuance of readings if the Learned Readers would be pleased instead of reading up­on Statutes (which when the reading begins are plaine and easie, & wherupon peradventure scarce one case shal hapen in a mans life time) would acquaint the society with the most usefull knowledge and daily occurrences in actions of debt, upon the case, of trespasses and ejectments, the pre­sent Law of the times, which is worth our best studies, one juditious Reader, might in a fortnights space ar­gue most of the controversall points which are now agi­tated, propounding 5. or 6. points a day, either about con­veiances assumpsits or words actionable which are the daily subjects and disputes in Westminster Hall, and what matter is it, whether every point goe to the conclusion of the case, indeed what matter is it whether it be made a case or only put by way of single questions, and then I [Page 57] would have every man to be at liberty, to speake as he con­ceives the Law to be, for truly I doe not like it that any man for Argument sake should argue against his Opinion; pray thee good Reader doe not object, that old formes must be observed, I tell thee, one ounce of reason is worth a pound of formality, as one acre of performance is worth a whole land of promise; and he that shall preferre the shadowes before substances, and restingly delights so much to sit upon the forme, let him never come to the Bench by my consent; Time onely can demonstrate the utility of the praemised designe, which cannot be charge­able to the Students, for he that instructs others teaches himselfe, and it will occasionally increase his Practice; be­sides, every one of the House might repaire to the Profes­sors for private advice, for what a shame is it that one should take Fees of any Gentleman of the same Society, though to the praise of some be it spoken, they have gi­ven faithfull and able advice, and refused their Fees to my knowledge, and I know a Brother Barrester that hath re­fused five hundred Fees, but what is lost in the Hundred will be gained in the Shire.

If any man in his youth in the Schooles of Humanity, shall attaine to a summary generall knowledge in Gram­mar, Rhetorique, Phisiques, and Meta-phisiques, the Ethiques and Politiques of Aristotle, they are usefull as scaffolds and praise-worthy, but not necessary; and for the Greeke Tongue in regard that the Authours are so faithfully translated into Latine, though in many Cases it holds, that the water is never so pure as in the Fountaine, yet all things considered, it is better to relye upon the Translation being so exact, then take such infinite paines to search the Originall, as Rasis; Avicen and other Ara­bian Phisitians are made use of onely in the Latine, and Greeke Translations, and as Travellers know that its better to come into a French History, where all things are in a readines upon the Table, then to an Inne in Spain, where in stead of reposing your selfe, you must fetch Bread here, [Page 58] and Wine there, and Flesh in another place, and stay two or three houres till it be made ready; and this makes me wish not onely that all good Bookes whatsoever were Translated into ou [...] owne Language (which would advan­tage Children three or foure yeares schooling, who are cracking the shell to understand Latine, whereas they would easily get the kirnell, and learne Logicke, Rheto­rique, Philosophy, and other Sciences, as they doe to know the names of Creatures, Beasts, Fowles, [...]ishes, Corn, and Houshold-stuffe and other necessaries; if all Bookes and Authors were in English, which might easily be done by our learned Schollars now in towne, a work that would more advance and dignifie the Kingdo [...]e then Prima faci [...] can be imagined: For hence it is that Schollars in Fran [...]e know more at seventeen then with us at twenty; the Gen­try, even the women generally, excellently principled in morall Philosophy and all humane literature) but also that our Law Cases were all Printed, and all our Writs Pro­cesses, and proceedings in English, for that Statute in 36. Edw. 3.36. Edw. 3. recites, that great mischiefes happen to the Realme, because the Lawes are shewed in the French Tongue, which the Clyents doe not understand, but does not fully cure the malady;The Freneh Lawes were in Latin untill Francis the 1. which being altered they said, now is the Kingdome out of ward. for truly I am ashamed that a Sub-paena should be served upon a Country-man in Latine, when peradventure scarce any one within five miles under­stands it; beleeve it, 'tis a badge of the Norman Conquest, which by degrees I doubt not but will weare out. I am no enemy to Learning, but this I affirme confidently, that were all Authors, Divine & Humane, faithfully and exactly trans­lated (as I know no reason why they may not) there would be little use in comparison, or rather trouble of any Language but our owne, unlesse it be for Statists in point of correspondency with other Nations. Indeed Histo­ry is in some sort necessary for our reverend Judge,We should study the [...] as well as the [...]. espe­cially our English Histories, without which a States-man is as one that hath a crick and cannot looke backe, and I conceive that to be the greatest defect in our Profession, that [Page 59] not being versed in our Histories we content our selves, that the Law is so, not looking into the reason why it is so; but for other Arts and Sciences let him that is to goe to Rome, Abstine inutil: labori ut profi­turo sufficias. not trouble himselfe to learne all the waies thi­ther, but that which may be the safest and nearest way for him; for if any matter concerning the Civill Law, or Phi­sicke, or Mayhem, or the quantity of Land, or any other forraigne scientificall matter be brought in question be­fore our reverend Judges, they send for other Artists,Cuilibet in arte sua perito cre­dendum est, po­tius vilissimo sutori de calceis disputanti quam gravissimo Catoni. skil­full in those matters, and advise with them; according to our rule in Law, every man must be credited in his owne Art, the Shoo-makers Judgement about making Shooes, be­fore a grave Cato Disputing about the same matter, and so far I thinke all understanding men will agree with me; but now here it sticks, whether the knowledge of God in Jesus Christ be not a very expedient perquisite, if not a necessary requisite to make up a compleat Iudge, and truly I hold it is in a Christian Kingdome; the reason is, because without this no man can come to be a good Polititian, for Policy is but a branch of Divine Wisedome, there being no Policy against God, for all saving spirituall wisedome comes from God as the fountaine, through Jesus Christ as the Cisterne, effectually drawne out by the Pipe of Faith, and all reason of State must doe homage, and render obeysance to Di­vine reason, which hath its Authority more elevated. But put case then that one Lawyer hath a large stocke of Law, five talents for the purpose and not one sparke of Grace visible, another is a visible holy man and hath but two talents of Law, which of these two is fittest to be a Judge? I thinke the latter, but put it thus; that one hath four talents of Law, and two of Grace, and the other hath [...]wo talents of Law, and foure of Grace, and then what is to be answered? I shall not determine it, but this I say; that Grace and Gifts meeting together make a sweet har­mony, and when Grace is preferred then the figure stands before the ciphers, our English Proverbe is very significant, Set not the Cart before the Horse; that is, preferre not dead [Page 40] things before living, to place a religious man in the Chair, to make a good man a great man, what is it but to set Jesus Christ upon the Bench, it being an invincible Argument, that he that loves the Childe for his fathers sake, beares the greater love to the father. Aristotle saies, that Religion is absolutely necessary for a King, for no man will thinke that he will doe right to men that performes not his duty to God; neither dare men offend him that feares God. How happy was Constantine for putting his trust in the Crosse, as Papists vainly imagine; but that Kingdome that trusts onely in God what can be done against it? Oh make much of, and honour religious men for his sake whose true pictures they are, for the house of Obed Edom was blessed for the Arke sake; indeed it was the Court-caveat, Take heede of Puritan Judges, were but our Christian Magi­strates, Ministers, and Justices, rightly zealous for the glory of God (as blessed be God many of them are) I meane such as doe not only make profession of Religion, but take it into their protection, what glorious times should we live to see, all terrestriall Deities (as sacred Scripture calls Judges) are Images of the ever-living God; Now is it not most reasonable that the Portracture should resemble the Originall. A Picture that resembles us, we make much of it, if it deforme us, and carry our name unjustly, being nothing like us, we burne it; the Draughts of Gods Visage are Piety, Justice, and Clemency; good Kings and Judges are kept in the bosome of the Eternall as his beloved re­semblances, but a counterfeit shilling we naile it to a Post, and if any man thinke any way to advance himselfe by ex­ceeding those bounds which God hath prescribed, the Almighty Judge does but fatten such a man for the slaugh­ter, to make the strok of his Judgement more signall. The [...] reverend Fathers so adorned and qualified should there­fore be made honourable and rich the first day of their Charge, or have an honourable support for three Rea­sons.

1 To anticipate not onely the inconveniences of want, [Page 61] and temptations of presents, but to prevent dejection of spirits, for when a Judge sees that 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 [Page 62] 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 a [...]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 [Page 63] 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 [Page 64] 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 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 [Page 65] 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 al [...]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 [Page 66] 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 'tis 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 [Page 67] 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 spitits (for truly when all is done the way of love is the best, and a more winning way, and if any thing about, yet the fairest) when the poore wretch shall see that the Magistrate loves his soule, and is sorry for his misery, and would not punish him but that the necessity of Justice exacts it; now till this be effected, why may not the Prisoners where there is no danger of run­ning away, goe out with their Keepers to the publike Preaching? or if not all, why not so many as can be con­veniently attended upon? It will be said that this might be construed to be an escape in Law; What? if a poore Pri­soner should goe out in the morning on the Lords Day, to serve God, and returne at night, will any Creditor be so divellish to Count that an escape? As if like one that had the Pestilence, he should envie the salvation, and wish the destruction of his Christian Brother, whom sure­ly he reckoned so at first, or else he would have had no dealing with him.

There is some question about Arrests on the Lords Day, but I thinke the question should rather be, whether any but Accomptants ought to be imprisoned for Debts; there is I confesse a difference taken in our Bookes,67 [...]25. on 27. E. 3. 9 Rep. 66. Mackallyes case that no judiciall act may be done upon the Lords Day, but that ministeriall acts, such as to Arrest men may be done; the reason is rendred, because it is a good thing to doe well upon the Sabbath; certainly there is more dexterity of wit, then solidity of Christian Judgement in this diffe­rence; I am sorry the reverend Author should put a Bristol­stone [Page 68] amongst so many diamond Reasons as are in that case, what manner of reasoning is this? A poore man in debt would faine serve God upon the Christian Sab­bath if he might goe free from Arrest;The Law pri­viledges men going to Faires cundo morando redeundo. no, saies that Booke, if you goe to the Market for your Soule you must be arrested, and so the poore man it may be drinkes away the day, and splits his Soule even upon the rocke of dispaire, and whether this be not a breach of the fourth Commandement, judge you; for this is an everlasting rule for all Christian Magistrates, that whatever any mans offence be, they must take care for that mans soule.

I am perswaded that that which was formerly spent in Pageantlike vanities upon a Lord Mayors day, would have fed all the mendicant poore about the City; I professe, considering what fopperies are beyond Seas, a man might well have askt whether the Lord Mayor was a Christian, or did honour to some Heathen Deity? but blessed be God the moderation of this City is knowne, and beloved of all good men; me thinkes a crowne a house within the Line, advanced by the Landlord, should make a comfor­table provision for all the Beggers; I know the streetes in that populous City of Paris were so covered with Beggers, that as you walkt along upon their Holy-daies you might have imagined your selfe in a continued Hos­pitall; one Gedouen, famous Gedouen Provost of the City, a compassionate man prevailed to lay a Leavy of five shillings a house throughout the City, wherewith the Beggers were cloathed, those that could worke imployed, the impotent provided for, that in a moneths space a Begger was as hard to be found as a Wolfe now in Eng­land, or as I hope ere long it will be to finde an Enemy to the Kingdome in the bowels of it; we have many excellent Statutes to this purpose,42 Eliz. which are in substance the Law of God, and can never be repealed; and were there once no Beggers in London, I should have some probability to nourish my faith that it would be Universall, for this [Page 69] City is an excellent Copy for the whole Kingdome to write after. I heare others complaining of numerous Pri­viledges, but I hope the Noble Peeres, and worthy Pa­triots will not renounce their legall rights to gratifie a company of old Usurers, or cozoning oppressors, (for I observe, that those which are conscionable in lending are curteous in forbearing) and at that word Usurer my heart rises, and is so brim full that it must needs a little run over; poore Soules, they lost a fifth part of their comforts when Money was reduced from Ten to Eight, cruelty is their Genius, but I hope that Trade is not long lived, Luther thunders against it; indeed, sincere Calvin up­pon occasion of many English mens flying for Religion to Franckford and Geneva, taking some Money with them in­treated the Bankers to allow them three or foure in the Hundred, because they knew not how to imploy it; but he delivered his Opinion with many cautions, so as the lender gaine by it, and be well able to pay it, and so as none be offended by it.

It it the honour of our Nation that the Practice of Usury is not by any Law allowed,13 Eliz. 8. 39 El. 18. 21 Jac. 17. in point of Religion or Conscience, and the words of the Statute are, That all Usury being forbidden by the Law of God is sinne, and detestable, and therefore enacts, that he that takes lesse then ten shall forfeit the interest though it be under eight, which is in force to this day, and might be of sin­gular use, if the proceedings by way of information or action were quick (but in truth they move like ponderous bodies, it is rolling a Stone upon a Hill, and if there be the least mistake down it tumbles upon the Plaintiffe) to compell men to deal like Christians, who worse then Jewes cry out for Interest in these straight times, from their Christian Brethren, who have been plundered of all in the Country, driven from their habitation, scarce ha­ving food and rayment, and where to hide their heads, and yet the Usurer cries I have nothing to live upon but my Use, not considering that the Debtor hath neither [Page 70] Use nor Principall; and this is true in case of Sureties contrary to the true intent of the ancient Law, that the Surety should not be questioned but in default of the Prin­cipall,Si defeceris principalis. untill the witty Arch-Bishop Keeper being angry with a Surety said, That he that was first in intention should be first in execution, and for his conceit sake sent him to the Fleet, though the principall was able to have made satisfaction; besides there are too many evasions out of good Statutes; if a man give Bond of an hundred pound for a Horse not worth ten pound, this, they say, is no usurious Contract. An old Usurer delivers twenty pound to a young Heire, and an old Bond of eighty pound not worth sixe pence,Morsura non usura. who gives Bond to pay one hundred pound, this is divellish biting, but it must not be called Usury within the Statute, though I conceive it cleerly within the intent of the Law-makers. When we object stewes against the Papists, they say they will sup­presse them, when Protestants forbid Usury: but I doe not say any thing against a tolleration of it, in case of Orphans; neither doe I make any question but that in great and weighty matters a Kingdome may allow eight or ten in the Hundred, to get Money to preserve it selfe; fot in case of necessity it was lawfull to eate the Shew-Bread, and for Adams Sonnes to Marry with Adams Daughters, besides what the wisedome of a State shall conclude upon in such cases cannot be thought prejudi­ciall, but that which I drive at is, that rich men in these daies make it an Instrument of oppression, he that would be fully satisfied, let him reade a Booke which I finde written by R. F. of Graies Inne, 1611. I beleeve the most judicious that ever was concerning this Subject; now to resume the matter of Priviledges, which are private Lawes to be maintained and defended as well as the Publique, some Noble Peeres deserve much Honour in maintain­ing their ancient and undoubted Priviledges, and pla­cing their legall favours upon fit Objects; if any of their followers be any way ingaged, they satisfie as they are [Page 71] able, and the Creditors have returned their Lordships humble thankes for some Hundreds of pounds paid by the Creditors, who had never paid a penny had they been imprisoned; others may thanke that Noble Knight for their Debts, who for his clemency and commiseration en­tended to poore Prisoners, deserves to be stiled, The Hu­manist of England.

And here I would humbly beseech those Honourable Personages who are moved to grant Habeas Corpusses for poore Prisoners in Execution, to goe abroad in vacations, (either like Bees to fetch in a little Honey to the Hive, ga­thered from the flowers of their friends charity, or to get in their estates which is a hard matter; for every man concludes that nothing can be due to a Prisoner) Chri­stianly to consider whether they can so cheerefully answer the deniall thereof, as the granting of them at the day of Judgement; when it will be easier to answer an errour of Indulgence and mercy, then severity and strictnesse: The Reverend Judges fitting for Lord Keepers gran­ted many, and Creditors found the benefit of it,Hutton, Harvy, Crooke, Ver­non, &c. and when presi­dents are va­rious it is pre­sumed for li­berty, in Mi­tiorem partem, much may be said in favo­rem libertatis. for no man will returne to a Dungeon if he can satisfie; the Bird will not come into the Cage unlesse ensnared. But Habeas Corpusses have been abused, saies the Creditor, truly if he may be Judge it is in vaine for the Prisoner to plead not guilty; But what has not been abused? have not the Sunne, Moone, Starres, nay Women, Wine, and all things sublunary been abused? me thinkes these necessitous times should be as a golden Key to open the doore of hope for poore Prisoners, it being almost a Proverbe beyond Sea, or rather a progidie, that an English Usurer may have as many slaves as he please, though a Lord could not imprison his Villaine; and it was resolved that a slave brought from Russia by an English Merchant was in­stantly a Free-man, comming upon English ground, and breathing our pure ayre.

And now concerning the necessary and laudable re­crute of the Honourable House of Commons,11 Eliz. Cartwrights Case, Camb. who may [Page 72] justly say,The Motto of a Commoner like a glorious Torch, Aliis inserviendo consumor. We consume our selves in giving light to the Kingdome. Anonimus brings in a floud of words, but not one drop of reason to make good his assertion, that Lawyers are not fit in this comjuncture of time to be chosen Members, the weakenesse whereof will easily be dis­covered by the strength of reason and authority, which are the two instruments to confirme all truthes; in reason we see with our owne eyes,Sapientis est propriis oculis videre. in matters of Authority by other mens; the Divine begins with reason, proceeds to experience, and ends in Authority; the Phisitian begins with Authority, proceeds by reason, and concludes in experience; the Lawyer begins with Authority, proceeds to experience, and ends in reason; therefore for the dis­cussion of this point, I shall begin with the Authority in the last institutes, the words are these: At a Parliament holden at Coventry, 6 Hen. 4. by colour of an Ordinance made in the Lords House, in 46 Edw. 3. it was forbidden that no Lawyer should be chosen Knight, Citizen, or Burgesse, by reason whereof the Parliament was fruitlesse, and Lawyers ever since for the great and good Service of the Common-wealth have been eligible;Corpus causidi­corum est seminarium Magi­stratus. now let right reason be Judge in all things, the Innes of Court are the Academy of the Law, and the body of the Lawyers is the seminary of all Magistracy.

Does not the Supreame Power governe the Kingdome by Law, and are any so fit to be Law-makers as those that must be the Executors and Dispencers of them; King James (who certainly was the Phaenix of Princes for sub­stantiall learning) admires the wisedome of our Lawes, that the Judges have no Vote in Parliament, and the Pen of famous Bacon is of that Judgement, the excellency of that observation in my weake apprehension lyes very deep, I want a Bucket to draw, can any man declare the mea­ning of an Act of Parliament so well as the makers? who knowes the spirit of another man so well as himselfe? the reverend Judges are bound to expound Statutes ac­cording to the minds of the Legislators, otherwise they [Page 73] that are at the oares, rowe contrary to him that sits at the helme, & then the Ship of State would quickly be in danger of drowning. That the knowledge of out Municipall Lawes is not a necessary ingredient to the constitution of a States­man, is a fundamentall errour in Politiques; I doe not hold that Reason is circumscribed within the limits of our profes­sion & perscrutation, but I am confident that the common Lawyers of England are as understanding rationall men as any Practisers of any Profession whatsoever be in the world, and I dare say that there are more Godly Religious Law­yers, Attourneys and Solicitors in England, then in all that habitable part of the World, called Christendome;

But my Adversary would faine make his Ignorance seeme Iugdement, I know not why he mentions Calice, I confesse I do not love the least gall in inke (the rather for that any thing I know to the contrary he may be an honest man and a good Christian, though in some things erroneous) I should tell him that he mistakes our Lawes As the Priest when we lost Calice, took our English brawn for sturgeon, and eate it lustily in Lent, and sent for more English Sturgeon; I can by that little knowledge I have in the Common Lawe tell the Civillians that our try­alls by Jury are more excellent then theirs by Witnesses onely: for how easie a thing is it,It is a merri [...] Story in Hol­linsheds reigne of Queen Ma­ry. in a sinfull populous State to get two men to sweare an affirmative? and indeed by the strength of our Common Law-reason I can discover many weaknesses & errours in the Lawes of other King­domes; but what a silly allegation is it, that we are not usefull in other Kingdomes,Lex est deter­minatio legis naturae integrae non corruptae. learned Mr. Selden. Every King­dome hath it's Common Law Tanquam inter viburna Cu­pressi. for all Lawes are but determi­nations of the Lawe of Nature incorrupted, though every State has its distinct municipall Lawes; and herein we ex­ceed, that many of us understand their Civill and Com­mon Lawes beyond sea, but not a man of them that so well understandeth our Common Lawe: which for certainty, perspicuity and many other respects farr advances it selfe above any other humane policie, but to keepe to the poynt whether an honest Lawyer be not a necessary and usefull [Page 74] member in the publique service, to hold the contrary is to maintaine so weake an error, that I think never yet decei­ved any man; If thou intend Anonimous, that those which have knowledge in the Lawes are not fit to be Commoners, thou then art so silly that I should be sorry for this in­counter: but if thy meaning be (as I beleeve it is) that you would not have Parliament men to practise, then there are these two things considerable.

quere, whether it be fitting a Lawyer should have two pla­ces till his Brethren be imployed, I hold it nega­tive upon rea­sons irrefraga­ble it being destructive to all State-policie.1 Whether it be fit that a Judge of a superiour Court should give attendance upon an inferiour Barr: because we know what excellent service the Lawyers of the house of Commons have performed concerning the Judges who have been deservedly judged.

2ly. Whether to be of the Honourable house of Commons doe not require a whole man? To the first it may be answe­red, that sitting, the Parliament, all other Courts must doe homage to that in any competible poynt of power; But when they are out of the house of Commons, they are in particuler resolved into their private capacities, and he that is an Esquire and a Commoner will not take place of a Knight that is not of the Honourable house, though truly I could wish that every Knight of the Shire especially during Parliament time (and so long as they live considering their hard serivce) might precede all the Knights of his shire,The Knight of the Shire. p [...]r excellen­tiam. who for break­ing the Ice in that perticular deserves much commend [...]ti­ons. and so the Burgesses proportionably for never did mortalls act in so glorious a Cause as this is, as that excel­lent ingenious moderator clearly proves that the King is greater then all particulars, but lesse then the universe, as the Chapter capitularly congregated are superiour to the Deane, but apart, subordinate to him.

To the second, I answer that when ten men are obliged to pay 20 li. if one man payes it, it is in Lawe the payment of all the rest: so all men and women being equally obliged to marry for the publique good, when the Kingdome is populous and no want of posterity they are discharged as to that politique Consideration; So if twenty Commoners are practising in other Courts, if the busines of the House go on [Page 75] as effectually as if they were present then that scruple is re­moved, but indeed I would have it with this caution, that if ever it should come to a vote in the House of Commons a­bout the regulation of Fees, or redressing of delatory pro­ceeding, or any matter whatsoever that is to be reformed in Courts of justice, concerning the profit of Gown-men; I would have them desired to be absent at such votes; for tru­ly if the question were put to me whether any thing should be enacted against my particular profit, I should suspect my own judgement; nor ought any man to be judge in his own cause, when it concernes his privat advantage, for as Gold is tryed by the touchstone so are men by gold; it is too heavy a temptation to be layed upon any mans shoulders: for the best Man is but a Man at the best, & the spawn & root of all sin will have a being in the most sanctified man: so long as he hath any being heer below, & the highest poynt of policy is so to settle matters that no man may hope to gain by pro­longing suites, or muliplicitie of busines, Machiavill sayes,R [...]pente ex [...] ­timo, fit tur­pessimus. As that Hono­rable Gentle­man said at the C. P. for the encourage­ment of the Reverend Iudges. Procurator Cesaris. At Brides, by Mr. Peters a man of a pure Evangelicall spirit, who go­eth about do­ing good, and may be a look­ing glasse for others. qui optime me­ritus est de Regno, do but tell a good Prince that he may doe what he list, and presently he becomes a Tyger. I am sure experience shewes and it shall be acknowledged to all posteritie, the excellent service that hath bin done by men learned in the Lawes since this Parliament; their names shall be had in everlast­ing remembrance; Faithfulnesse to the State and upright­nesse hath bin their brightnesse & glory: and which hath bin more set off with a greater lustre by reason of the reciduati­on and unfaithfulnesse of others, of whom I will say but this, the Lord pardon them their great transgression: for they knew the Lawe yet contemned it; I am sure they have been a dishonor to our noble profession: but I leave them to the wisdome of Parliament, onely I confesse I was much affected with an expression I lately heard in a Sermon, that should our enemyes prevaile over us, should they whom the Parliament have judged rightfully, have been Iudges of the Parliament wrongfully, they would not leave one of a thousand, but every mans private judge­ment is concluded in Parliament: whom not to be­leeve [Page 76] in all State matters is morall infidelity; Onely I may not forget the recognition of all humble gratitude to our most honourable Parliament for imprinting a distin­guishing character upon us that have been London Resi­dentiares and faithfull Adherents to the publique Cause and the Oxford Absentees,The shorter the better as more health­full to the bo­dy Politique. or Malignant Lawyers, that they are not suffered like Pharohs leane Kine to eate up (I can­not say the fat pastures but) our short commons, for my own part I love their persons, and will be so charitable as to think it their error in judgement: but their ill examples have been of such dangerous consequence that what may be construed nugatory in others is piaculary in Gown-men; As Adultery is held the greatest offence that can be commit­ted against the husband: being so directly against the con­jugall contract and alliance; so for a Lawyer to be active for the destruction of the Lawe, is a most transcendent en­ormitie; For as the difference between Cesar and Pompey was not who should reigne, but who should live; So the Oxford 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 fing [...]e.

I would not so much advise as intreat my dear Countrey­men that they would seriosly consider that the happines of [Page 77] 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 gre [...]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 lesseIt 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 FaithSpiritus 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; forAs ingenious Mr. Withers observes who hath preven­ted me in this subject in many juditi­ous Observa­tions and di­rections. Had it not been for our Renowned H [...]mdens, Pyms, Goodwin [...], non [...]e actum fuiss [...] 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 publ [...]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.

[...]erdate v [...]i [...]iori. [...]ista loqui­ [...] qui est om­ [...] homo. [...]t conspira­ [...]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 [Page 79] 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 change of any great Commander, that when God rides post for the good of his Church: he uses many times to change horses that one may not have all the honour; ma­ny of our Centurions have done so gallantly that many Volumes cannot containe their just praises: therefore I in­treat their pardon that I doe not name any in perticuler least I should not pay them half their due, & so be thought to exclude the rest, dear Soules, they have marched many a myle to ingage for us, therfore if I make a little digression to testifie my honourable respect to them, it cannot be thought unreasonable.

Concerning our Noble Generall, whom I trust shall shortly have the Olive for his just Guerdion (for I hope we shall not long continew under the Malignant constellation of Mars & Saturne, as Crowes amongst Carcasses but eve­ry honest man shall live peaceably under the gratious influ­ence of Iupiter & Venus) for matters of millitary prowes & [Page 80] gallant valour; I need not say any more but that he is the son of the Right Honorable the Lord Fairfax, and of the noble Daughter of the truly Noble Earle of Mulgrave.

And here Duty and Gratitude must make a parenthesis, I cannot mention this good Earle without an honorable re­membrance in whom Greatnesse and Goodnesse keepe their cohabitation: for having had the honour to advise his Lordship concerning his estate, I finde a mine of wise­dome in his noble minde; our late Soveraigne King Iames rejoyced at his magnanimous comporting the losse of his three noble Sonnes: The Relation whereof deserves a whole volume, one saying was most remarkeable: that Ie­sus Christ my Saviour dyed without issue;Salvato me­us mortuus est fine exitu. how zealously affected his Lordship hath been for God and his Countrey since 88. I am sure all good men love and honour him for it; Indeed the Piety Humillity and chaine of Graces in the noble Countesse and the vertuous Ladyes (wherein all their ambition is to excell one another) far exceed the most invaluable Diamons and Iewels, and to say much in little So much as a man brings of Christ with him thither; so much welcome there.

Now that I may be true to my first principles, I shall say nothing of his Excellence but in relation to Iesus Christ. This fully discovers the excellency of our Noble Generalls spirit, that deserving so much he will not take the least ho­nour to himself, but all must be ascribed to God & those nu­merous victoryes looked upon as love tokens from Heaven handed over by the Lord Christ, as forerunners of that abso­lute Victorye which He will have over all his enemyes, and rejoyces so far form as God makes him instrumentall for the good of the Kingdome.

What an honour is it to command them who command themselves,Omnis deno­minatio sumi­ter a digniori vel a Majori. and those whom the Angels rejoyce to serve, and for an Army of Lyons to be commanded by a Lyon, who is commanded by the Lyon of the Trybe of Iudah what Anti-Christian Power can make resistance, when it pleases God to lead them by the hand, who hath promi­sed [Page 81] to stand at the right hand of his servants, and will ho­nour them that so unfainedly out of right principles by true meanes and for glorious ends honour him.

I cannot but take notice that our Noble Generall is of Graies Inne, nor can I forbeare a general remembrance of many precious gentlemen in the Army of the same socie­ty in whom the seeds of vertue have bin sowne even from their yeares of discretion.

I wish many Armes were taken downe from our Hall windowes, and these noble Gentlemen placed in their roome, for as hee that fights for the Law,Ex parte Dei et ex parte rei. Annot. 2. Tim. 4.7. Lachrymae sunt sudores cordis. wins an honou­rable esteem, of all good men, so they that oppose the Law ought by the Law of Armes to have their Coates remo­ved, and just as I was writing, there comes newes to mee that there is one heavenly light more in Heaven, sweet Colonell Pickering having fought a good fight and kept the faith, and professed a good profession before many witnesses hath finished his Course, & received his garland even a Crowne of righteousnesse,Sir Gilbert Pickering one of the noble Knights for Northampton­shire. and were it manly the sweat of my heart would blot my paper, and were it not that pure love cannot consist with much greife when the party beloved is made a Saint, and that his noble Brother carries al the graces and vertues by survivorship, they being joynt tenents of them all, his losse should ever be green in my rememberance.

What actings of faith do we heare of for the taking of strong holds from the Enemies; that gallant Gentleman second in command (who feares nothing but to offend God) at the storme of Basing, being acted with the same spirit that the propheticall Psalmist was confident that God would enfeeble the hands and legs of Popery,Psalm. 115. [...]. and that their Idolls were but vanity, and not only then, but many other times the Lord hath graciously said unto them according to your faith, so be it unto you.

The Generall question is still, what is the minde of Ie­sus Christ in this particular, was there ever such glorious things done by faith since the 11th. of the Hebrews.

Oh what heavenly breathings of the spirit and religious Conference is there in the Army! when will Sion be esta­blisht in perfect beauty saies one, when shall Iesus Christ be set gloriously upon his throne saies another, God can save by one as by many saies a third, lets do our worke and trust Jesus Christ for our wages, shall we think much to loose our blood for him, who has shed his precious blood for us? Jesus Christ tooke Bristoll; no Iron barres can keepe out Jesus Christ, if we die, we live, and our In­dentures are but given us in a little before their ordinary time, with many such sweete divine expressions that they are in heaven upon earth, abounding in that excellent grace of spirituall resignation in all the dispensations of divine providence, the hand of God is allwayes good, and his time is ever the best; that I am even ravished at the apprehen­sion of them, never having heard the like, unlesse it were in that most comfortable speech of that deare servant of Christ, Mr. Burton at his suffering the like glorious ma­nifestation of the spirit in my oppinion is not legible, in Mr. Foxes worthy labours, besides a most admirable spirit of love Commands as in cheife throughout the Army, that I heard a gallant man say it were worth riding 5000. miles to behold it, but I shall turne my prayses of them into pray­ers for them that not a haire of their heads may perish, though truly I do not so much praise them as the gifts and graces of God in them, wheresoever we meete Jesus Christ and see but the least dawnings and breathings of his sweet spirit, we are to love him, and exalt him with our most stu­dious praises, and truly I hope the time is comming that good men shall be great men, and that grace and honesty shall be of more authority then stamps in Gold, and every man principally valued according to the impresse of Iesus Christ upon his soule.

If any man should vainly object that by reason of the no­velty of some expressions, I seeme to give a blow to the Laws. I answere that it is the ceremoniall Law that I strike at and I can demonstrate to any intelligent man, that there [Page 83] are Ceremonies and formalities in Law which are as im­pedient, and inexpedient in Courts of justice, as ever the Ceremonies, or any Popish traditions were burdensome to Gods people in matter of worship.

This which I contend for, would be no alteration of the Law, but additionall to it, for is it any alteration of the rule to lay it to the timber, must not the Phisique be applyed to the diseases, why then ought not the Law which is the rule of Iustice be alwayes constrained to make good men honest and plaine intentions, why not as well as in the Kings case I complaine not of the Law, but of the incroachments made upon the Subjects previledge by Ministers of Justice, and that so universally, that in going to Law, he that speeds best buyes Gold too deare. The reason of some proceedings being as obscure as Trades-mans marke past all discovery.

I admire and honour the wisdome of the Common Law, and I would have no man to judge it, or be wiser then it, but that must be understood of fundamentall Lawes, the al­teration whereof as Sir Ed. Cooke observes, introduces ma­nifold inconveniences, as in that Statute of imprisoning mens bodies for debt, & devise of Lands, as if he that lay on his death bed, could be wiser then the Law if it were a just and perfect law, but much of a Banbury Cheese may be pared away without any destruction of the substance.

I would not have Law Bookes to be dealt withall, like the Common Prayer Booke, which as happily laine aside like an old Caske, for its ill savour, but refined purged, and conformed to right reason speedy Justice, and consconable equity, let this expurgation be at the first dash of all matters Ecclesiasticall and Bishops appurtenances, for what feare is there to expell the brats having banisht the Father.

Another scruple I would humbly crave leave to speake unto, I heare it often objected that a Court must not make new Presidents, I marvaile by what rule the first Chancel­lor made orders and decrees, or were there understandings so cleerely illuminated in the darke times of Popery and prophanenesse, that it is impossible any further light should [Page 84] be discovered; besides, are not causes so various by reason of the continuall multiplicity and vicissitude of humane af­faires, that as no man goes twice into the same water; or seldome are two causes without some different circumstan­ces, have there not bin more lamentable cases happened within these few yeares, matters of transcendent equitie, and conscience then in many ages before, and must wee al­wayes keepe the same pace in foule way and weather as in faire?

Our Bookes tell us that the Rule of Chancery is equall and good, and if there have bin 10000. decrees unlesse the present Iudge, see the equitie and goodnesse of them, cer­tainly they ought not to be any rule for his conscience, can any man give right Iudgement by another mans conscience, certainly that will be as dangerous to the body politique as the Popish implicite faith was to Christs body misticall.

I confesse former Iudgements and decrees are good grounds of deliberation and serious consideration; but not of resolution to Iudge accordingly, because it was so held formerly, unlesse I see evident reason concurring with that authority.

If men had good Iudgments they need not read Histories nor search for Presidents, for put case that new Courts should be created (as the happy demolition of some will ne­cessitate the erection of others) by what compasse should the Iudges steere the course of their proceedings, but by right reason, the force whereof is great, That an exact Rider go­verning with the bridle, which is universall Iustice, all the world over, Reason being like the highest and lowest Ho­nors, Vniversall where Tyranny makes no obstruction, as King Iames in his Starchamber speech tells the Iudges that if they cannot make forth the reason of a Iudgement or de­cree to an intelligent Scholler it was much to be suspected.

Besides Christian, Majestrates stand upon the vantage ground, having the great-summinary of sacred writ to sublinate the lesse luminary of Humane prudence, for Divinity perfects and refines all mentall endowments.

But then it will be said that by this meanes all things will be uncertaine if one Judge or Chancellour shall crosse their predecessors.

I answer, nothing lesse, for it is the greatest certainty and security imaginable to judge all things by right reason, when no Justicer will proceed further then hee sees reason for it, enlightned by former presidents, but if otherwise, that Justicers shall be tyed to proceed according to former presidents, without understanding the cleare reason and conscience of them, then if the first president was errone­ous (as who dare sweare that it was not) we must bee un­done for ever.

It is further Objected that in such cases the Parliament must be attended, and much I have heard spoken concern­ing Judges Oathes, I presume to answer it thus; That I am confident it was never the intent of the Parliament, nor of any oath that ever was administred by Protestants, that any Judge, or Justicer should deliver his judgment, or make any blinde decree untill he see reason for it, though there be millions of judgments in the very point for as the intent of every statute is principally to bee regarded, so is the reason of every judgment; if there be most excellent reason for it, yet if I understand it not, it is not my reason and consequently an unreasonable judgment, I say it again, for feare of mistake, that every Judge must proceed accor­ding to his owne judgement and conscience (for when I see the reason of a former judgment, then it becomes my reason) and there is nothing can be objected against this, but I can improve the argument to the Popes advantage, for no wit of man can finde out a medium between an im­plicit faith, and that for which I see a reason.

I had all most forgotten one observation concerning actions, upon the case for slanderous words, King James told the Learned Lord Hobart, that the wisdom of our Law was admirable in this, that a man may not strike though never so much injured by words because betweene words and blows, there is no proportion, but I am doubtfull whe­ther [Page 86] in Conscience, a man ought to recover damages for scandalous words, when in truth, hee is not damnified, but the thing I ayme at is, that wee want a Court Marshall or some Court 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 [Page 87] 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.