The Vindication of the Law

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

EVery Anonimous impression though nothing but truth should be published (specially in a divided Kingdom, where truth usually gets as many Enemies as Friends) is in my opinion a breach of the Peace, as tending directly to make divisions, and breed quarrels by exposing every man to unjust censures; for that Child which has no legal Father, is every man's Child in vulgar reputation, then differences in Judgment unhappily through the pride of man's nature generate disaffections: myself having been 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 confess in many respects so they are, though for my own particular, I look 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 be utterly destroyed, and He set upon the Throne which God grant.

He that thinks he writes a truth, why should he be ashamed to own it? let him in the name of God stand boldly to it, for great is t • e truth both divine and moral, and it shall prevail every Christian is bound to free that which makes him Free, And when the issue is legitimate, no man denies to be called Father, but every nameless Pamphlet condemns it self, and makes both the Author and Printer guilty of a conspiracy against the Kingdom, for which I conceive they may be indicted, and bound to their good behavior, which if it be cross grained to his opinion who is author of a treatise concerning the liberty of the Press, who is certainly a most ingenious & rational Gent. at least we agree in the root as Brethren.

The motive inducing me hereunto is, that I find a general aspersion, cast upon our profession, which we ought in honor to vindicate, for the difference will stand thus: when a particular person is abused, many times it may be the most Christian prudence to neglect a Calumny and let it die, as the rule is 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 Kingdom, it reflecting upon the wisdom of the Supreame power to suffer general abuses, and Silence may be interpreted to be a consent according to the common rule Silence gives consent, which how ever learned Dodridg qualifies with this restriction when it is for the benefit of him that is silent, As that of the Jews to our Savior, Say we not well that thou art a Samaritan, and hast a Devil, Jesus Answered and said, I have no D • vill, implying himself to be the good Samaritan mentioned by St. Luke. Yet upon the reason of our Law, if a man shall be called Rogue or Thief to his face and hold his peace this may be some evidence against him, if he be afterwards questioned & affronted in the same kind, 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 employed, 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 embrace truth wheresoever I meet it, The Roman Barons indeed being ambitious of the Senate and chiefest Offices which were conferred by popular election, knowing it to be the only way to ingratiate themselves with the people to get many suffrages studied the Law and Physic and pleaded causes without Fee, studying, as the Cardinal did with a Net till he had caught the Fish, or as it were fishing with a Gudgin to catch a Pike, and so they had Physicians without Fee. As poor men with us are in all Courts admitted both to sue and defend, Gratis in forma pauperis, which might be a sufficient answer to that Roman instance, But why should the taking of Fees be counted dishonorable, which is not a mercenary wages, but an honorary requital, which may be taken but not required, though I believe many pay a very va • uable and meritorious consideration for what they receive, so many walks taken to Westminster, and such attendances there that a Porter would scarce take the pains for 5 s. that if some have too much, others have too little, I confess it were a glorious thing rather to be wished then as yet to be hoped for, that Ministers, Co • nsellors and Physicians being of such noble professions, would exact nothing if they had otherwise sufficient, least they should seem to sell that which is invaluable, every man ought to give his Client good and faithful Council which is inestimable for though the pains may, yet the fidelity cannot be required, I have known 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 requital must be in other Coine by a thankful recognition, or by helping him to other Clients, He that lends me a Horse which proves so swift of foot that I escape from the enemy, though I pay the horse hire, I am still engaged to the owner, if by God's blessing upon the Physicians means a man recover of a dangerous sickness, health is a Jewell and invaluable, and if not the gift of the Holy Ghost, much less can the spirit it self be purchased; But yet some encouragement there must be as a spurr to Learning, and what disparagement is it that a Horse will not go without a spurr? And in such • ase the Protestants beyond Sea; and the best Politicians have allowed certainties as much as may be, as being the mother of quietness, and that which prevents adulation and emulation.

It is conceived by many, that it is maintenance, and consequently punishable to speak unassigned without a Fee, and that a Lawyer may not speak in his own cause, which are certainly errors, for it may be I may know the Client to be poor, and it is Charity to assist him which cannot help himself, besides it is a rule in Law, that every man may renounce his own benef t, And that a man should not speak for himself is against the Law of nature, Speech and Reason being given to man to glorify God and vindicate his own innocence, therefore what ever politic considerations may be Counterpleaded (as indeed our Law in many things is rather Politic then moral) as that if one may speak then all, and so confusion at the Barre, and that men will speak too passionately in their own cases, yet these being the indispensable Laws of Nature and Charity, over which there is no human power, if the Law be so it ought to be altered, as it is resolved in the Earl of Leicesters Case, that an Act of Parliament against the Law of God and nature is void, but this must be cautiously understood, that I speak not of secondary and less principal Laws of nature; w • ich are not obvious to vulgar understandings, I confess the Law is a great enemy to maintenance and imbraceary as being incendiaries giving fuel to all suites like that Pirracorax a Cornish Chough which carries firestickes from ground (where fire is made to make it fruitful) to thatched houses and endangers all men.

But to give council 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 well as a stranger in Case of the Alien of Burgundy but to sell debts and maintain one another In all cases promiscuously, is a different case, and insufferable. In the next Declamation against Lawyers there is an error at first, which like a thread misplaced runs awry through the whole piece, for though every g • neration of men be subject to corruption, yet to speak properly, the Council cannot be corrupted, or bribed, possibly the judge may, therefore to say that Lawyers were never in that height of corruption as now they are, this clause rather savoring of ignorance then malice; in strictness requires no other answer; But because custom is the Mistress 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 heal then to hurt, as when one says of another he hath stolen his Apples, because it is indifferent whether they were growing and so part of his Free-hold which cannot be stolen, 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 seek for Clients is as preposterous as for a woman to go a wooing, or a Physician to seek for Patients, indeed one of our Historians says that Serjeants had their stations in Paul's, certain afternoons in Terme time, and everyone kept his Pillar, which is either a Cripticall and dark authority, or for ought I know to the contrary might be 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 honored the profession as the Merchants grew rich so suites multiplied, 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 marvel more and must needs say that a proud Lawyer is an unseemly thing, but then that which is pride, in such a one as myself who lie at Anchor, and bear no sale is peradventure but keeping distance in a great practiser.

Truly Curtesie and Humility in all, specially in a Lawyer, Minister, and Physician 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 go to catch birds with a Drumme, so caption, in receiving instructions, and unaccostable, certainly courtesy is the most precious Pearl that any man in authority can wear, for it buyeth men's hearts, and the greatest man in being courteous to his inferior looses no more then the sun doth in comparting his glorious beams, I have often thought that a stiff starched proud carriage is not only a sign of an adulterate Gentry, but a breach of the sixth Commandment, our good Josephs will not forget their poor brethren in their highest prosperity, much more reason has a Lawer to be courteous who receives a Fee from his Client.

Concerning the largnesse of Fees, I think it a misprision, or else such a rarity, that there is little danger it should be drawn 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 receive my Fee, I reckon that until I have done that which the Client expects, I am but his pursbearer, for there is a tacit Contract between the Council and Client, that such business shall be 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 satisfy his Clients expectation (though in personal things, the Legal property follows the possession) yet the Evangelical 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 he which makes his Clients cause his own, and lays it to heart as if it were really his own 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 do not say that a man should not take his Fee unless 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 unless they were worth 500 l. for can he that hath a family to maintain and not worth 100 l. afford to give Fees as they are generally taken, if 20 l. be due from a contentious rich man to a poor man that is not worth 20. l. besides, and hath six or seven in family, for this man to Commence a suit against his potent adversary. Is for a Lamb to contend with a Lion, And if it be feared that Men would be too Clamorous and never in quiet, it is easily Answered, that unless there be probable Cause of Suit, let him be punished for a false Clamor. I know several 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 Sheriff to serve it, truly it is greatly to be wished that there might for the present be some new mixed Court erected for the out Parishes and Suburbs that poor men might recover their just debts, and have justice for the expense of five shillings at the most, for what a sad thing is it that a poor man cannot sue for his wages, for a matter of 20. s. but it will cost him forty in the getting of it. But if wealthy men list to be litigious, and will contend least one should yield to the other, no man of competent understanding will blame us for taking our Fees, but with this caution (for truly I must add one grain of Salt for weight and relish,) The Client I look upon as a sick man, distempered, passionate, willful, and extremely in love with his own 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 judgment. Now the Counselor in the least measure ought not to feed the Corrupt, and Peccant humor, for that is not to act the honest Lawyer, but the flattering Courtier, who steeres his advise by the Star of his Princes inclination, as our adversary Satan works upon our fancies, and the wind makes the waters rage, nor is it enough to tell the Client faintly, that he doubts his Cause, but will do the best he can, but to deal freely with him, Sir; thus I would do if it were my own case, if you will not follow my advice, go to another, you are in a Feaver, and must not eat and drink after your own appetite I assure you there is great difference between one Counselor and another therefore the precious ought to be distinguished from others, the Shepherd and the Butcher look upon the Mutton with a different eye, the one to do him good, the other to eat him, the Client retains too Council, the one cares not for the cause further then he may gain by it, how ever it succeeds he deserves little in Conscience; the other desires the Client may have his right, and what is given him freely he accepts contentedly, but to speak truth, many times the Clients deserve the blame, and not we, for they conceal the worst of their cause, and so for want of a true confession as the Priest says, the absolution is worth nothing, for proof being the Chariot which carries the Judge to give sentence, how can the Council tell what the success of a difference will be; which Answers a common Cavil, that Lawyers will be of any side, and there is but one side true, the truth lies many times in such a deep well, that every Lawyer hath not a Bucket to draw, Titles of Law are very difficult perplexed, knotty cases which will hardly be made plain, the Judge hath one ear for the plaintiff, another for the Defendant, but the Council hath both ears for his Client, yet so as if he can discover the injustice of his Clients Cause, (and many times light may be seen at a little hole) I am persuaded many of our great practicers will not maintain him in it, for truly to speak well in a bad cause is but to go to Hell with a little better grace without repentance, it is but a kind of juggling by an over curious flourish to make a shadow seem a substance, if any of my profession think they may for their Fee maintain a side which they think is dishonest (because in dark times of Popery such opinions have been 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 be of Counsel with the Defendant, though he know his Client have no right to the estate, (such popish evasions are abominable amongst Christians,) I would fain but ask them some such questions; whether the least evil may be done to procure the greatest good? and whether every particular calling must not yield to the General of Christianity? and whether a Christian may do anything against the truth or must do everything for the truth? and whether to be willingly instrumental to condemn 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, that many a poor man should be undone and want food and raiment, because he found out some formality of Law or defect in the proceedings, yet persuaded in his Conscience that the poor man had right to the thing in question; If any man practice upon such principals, I had rather be tongue tied or not know how to write my name. Rather be the Hall sweeper and should die with more comfort, but enough, I doubt not but good men will hear reason from their inferiors, now the Client must be admonished who will bring himself into a laborinth do 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 been their professed Enemy? but speak 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, that he will seldom take advice in the beginning, but the Bill, Articles, and Indentures, are drawn by some illiterate pretender to the Law, who hath one formilarie for all bargains, one Saddle for all Horses, 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 Council, with an oh Sir, if you, can but cure such a mistake, how thankful shall I be unto you but the foundation being sandy, all falls to the ground, and hope deferred makes the heart sad, 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. unless he have something to show for it in writing, which would prevent much perjury and subornation) if the parties contracting would advice with Council, to express their intentions according to Law, this would prevent numerous litigation • , and preventing Justice is better then punishing, because there is no offense committed so that I profess the Client might purchase his quiet at a far easier rate, then he does, were it not many times for his own perverseness, but in all professions and relations there must be some grains of allowance. Now I come to Answer that hearing a Charge, that it is not an unusual thing (therefore argumentatinely a usual thing) for a Lawyer to prevaricate, and Confederate with t • e adverse party, this is a pure libel without mixture or blemish, I dare say that all of us do as much in our Iudgments and practices, abhor all manner of Treachery as our bodies do in nature loath and detest poison, the purest fountain is not more free from mud, then the generality of our profession from perfidiousnes. It is in Accusations many times as it is in griefs, great griefs are silent, when less 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 yourself to strike the Lord's anointed, but I believe you did it not out of any ill will to me, but to gain applause, It shall be a Royal spirit to Condonate Anonimous, whom for my particular I look upon as some Malecontented Client that lost his wool in the Briars, through the injustice of his Cause or having been abused by some silly fellow whom he too much trusted, rails upon the Lawyers, it being natural to the Conquered to appeal to the people, and therefore as Lewis the 11. that great tax-Master said we must give losers leave to speak, so say I: but I hope there are few (if any) practicers now that prolong Causes to enrich themselves, for that is to ad affliction to the afflicted, He that does so, builds upon the ruins & miseries of his Brother, that Pysician or Surgeon which shall keep the wound raw, and torture the Patient to multiply his Fees, feeds upon raw flesh, And that Soldier which shall prolong the Wars to continue his pay lives upon the blood of poor Souls all which are hard meat, & must be vomited up again by faith in the blood of Jesus Christ, or else it is no hard matter to determine how sad the issue will undoubtedly be, for sweet is the bread of deceit, but his mouth is filled with gravel, but I must hedge my way least strange questions should enter, we are called necessary evils, truly to speak properly no evil is necessary, because in respect of us it might have otherwise been, not having a necessary Cause but defective, but it seems he means that there is no more necessity of Lawyers in a Kingdom, then there is of Woemen who have been called necessary evils, for my own part; I love not to fish in troubled waters, much less Nero like to inflame others to warm myself, 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 anything 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 Politics, for it is rather an argument of a flourishing Kingdom, for wealth increasing, suites will arise; though I confess it is rather a dishonor to any state to have multiplicity of causeless contentions, and it is much to be wisht that there were neither need of Lawyer, Pysician, or Soldier, in the Kingdom, for if the King would discharge his trust, & every man deal honestly and no sickness, nor distempers, what Halcion days should we enjoy: But when will there be a perpetual spring? for as our bodies by reason of the continual expense of spirits have need of the Pysician who is therefore to be honored, so offenses will be given, and differences be daily emergent, because right reason does not always manage the will, and consequently Lawyers as necessary in a Kingdom. But Anonimous is angry because Lawyers grow Grandees in state, as if it were a fault for him that wins the race to wear the garland, Fortescue observes it as a special benediction, upon Judges and great practicers, 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 dim'd out eye sights) observes that Lawyers have been the founders of many of our eminent families. And is it not as honorable to get an estate honestly as to keep it? neither virtue nor vice is properly hereditary, what disparagement was it to Abraham that his Father was an Idolater in Vrre of the Culdees? and as little honor to cursed Cham to be the Son of noble Noah, but they who have been an honor to the Law, why should they not be honored by the Law? this I observe as an argument of humility of the reverend Judges and Masters of the robe, which have no title of honor as Judges 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 been an easy matter for the Judges of our Law to have adjudged themselves honorable, Additionall Titles and degrees being matters within the verge of their own Commission and jurisdiction, and not matter of heraldry, but if the King who hath ever been accounted the supreme fountain of honor, shall confer honor upon them, why should this be said an honoring of the whore? I look upon humility as an Usher of honor, and hope that every Judge shall at the least hold by Barony, the place and office being full of state and Majesty, for if the habit of a Judge be vocal and strikes a terror into the wicked, and encourages 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 honor? 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. Green of Lincolns-Inn suffer Martiredome for it, in Queen Mary's days. And with what Christian Courage did our worthy and learned Brethren Mr. Sherfield, and Mr. Prynne oppose the superstitious and Court vanities and the pride of the Bishops, the latter resisting unto blood never to be forgotten, and standing valiantly for our Laws by which we enjoy all that we have, 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, great estates lawfully acquired do not exclude any man from hapinesse, only make the way more craggy, for riches in our Savior's time were like Thorns, and I think they are much of the same nature, I confess I doubt our great practicers find one main inconvenience, that they have scarce time enough to keep grace alive in the Soul by prayer, meditation and holy Conference, Spiritual Zeal (which is the seal of the Spirit) being often quenched (if not lost) in the throng and Croud of overmuch temporal employments, which made them heretofore give advise upon the Lord's 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 wisdom being required to walk in high places, As heavenly Doctor Sibb • would often say unto me, study the Law, but practice Divinity, he that advises or studies before himself hath been 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, finding how infinitely and immeasurably the Advocates and Merchants 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 public good, whereby no man should ever be guilty of Coveting more, because he might not keep it, I confess 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 employs his talent only to get honors profits and pleasures, profanes his calling, living to another end then God hath appointed him, It is true every man must labor in his calling to maintain his Family, but that is not the main scope and end of our lives the true end of life is to do service to God in serving men in our several stations, And for a recompense of this service God blesses men's honest travels, and allows them to take moderately for their labors according to the judgment of godly men, but I see it is a very hard thing to find a man that labors in his cal ing in love to God's glory and his brethren's good; Therefore a Writ which we have in Law will lie against many men another day, but I know no calling makes more for the happy state of the kingdom then the Law, and I am confident no profession so generous as ours in matter of recompense, the Minister wilb • at a certainty for his Tithes, and the Physician will take whilst it aches, (though I would entreat our honest Doctors to consider that for a poor sick man to give 10. s. for a Visit may be more grievous to him then the disease it self, ) you cannot take what and where you list upon credit, only you come into our studies, put your Case, leave your writings, come as often as you please and if you leave nothing we scorn to ask you, whereas beyond Sea you cannot peep into an Advocates study but he cries give, give, and if the Cause go for his Client then he hath his Palmary Fee, in token of Victory, which I could wish were in use with us, for he that gains the cause may better afford to give 40. s. then the looser 10. s.

Concerning our pleadings, This I say, that truth is the virtue of pleading, and certainty is the beauty and grace of p • eading, and I know no difference between putting a Case and pleading it, but as Logic and Rhetoric the samething mere largely expressed, yet I must agree that our pleadings are something difficult and hazardous, and therefore may it be called a Case at Common Law, for the casualty of the success, but a cause in Chancery, for the clearness of the matter, Civilians challenge us for not admitting doub • e pleas, saying we force a man to fight, and tie one hand behind him, as if an Infant Seal an obligation by dures, he cannot take advantage both of Infancy and dutes, by reason of duplicity, least the Jury should be too much encumbered, which if the most intelligent Free-holders were always impanelled might peradventure satisfy that scruple when Knights and Esquiors and the most Intelligent Gentlemen were Jurors the Kingdom was happy in this manner of trial, I wish it were reduced to the primitive practice, or that every County might elect substantial Jurors who in reason ought to have a competent allowance for their pains to serve annually for all matters, for though our Reverend Judges do their best (leading the Jury by the eye, and not by the Noses, giving them all possible light in doubtful matters,) yet it is commonly reported that very strong Verdicts have past: And for our Colours in Writts of Assize and trespass and plurality of Essoines in real actions which are well remedied by trials in Ejectments yet remain difficult for the Client, where entryes are not congeable. And some complain that our proceedings are not in our Mother tongue, a political Law left to the wisdom of Parliament, as the Laws of France were in Latin until the time of Francis the first, who for a sum of money cons • nted to have them written pleaded, and all the proceedings in their own language; and that the subject should choose his own Counsel, till which none had Advocates but by the Kings leave, There were in Rome, Some Jurisconsulti inferior to the Patron, Advocates, which only studied a Cabalasticall unknown formulary of words, in notes, and Cifers, which would pick a quarrel in every pleading brought unto them. Cicero called them hunters for syllables, 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 Ass was white lost the wager because his Advocate found one black hair 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 rub in the Alley of Justice, sent for him and told him that he owed his Baker 1000. Crowns, but was not willing to pay him till needs must, asking him how long he could delay it before Execution should issue against the Dukes estate, the Advocate told him that he could certainly delay him, at the least three years, And if his Council were not extraordinary subtle, he should get nothing at the last, what says the Duke is this sufferable? do not I acknowledge the debt to be just? whereupon he caused him (how justly I determine not) to be executed and excoriated, but the stream of our Law runs in a purer Channell.

It hath been the great wisdom of several Parliaments, to remedy defects in pleadings, and I doubt not but in its due time it will be taken into mature consideration, to ripen causes for speedy trial, it being quick Justice cures the lingering comsumption of a State.

I doubt not but England shall flourish with Religion, and Justice; these two noble Virgins, shall be set upon the Throne hand in hand in perpetual Concord, I cannot but observe the nearness between Westminster-Hall and the Abbey, and this godly exercise every morning (a Sermon calculated directly for Lawyers and Clients) speaks out that Piety and Justice (Maugre all Antichristan opposition shall be married together with an indissoluble conjunction, but precipitions and rash justice must carefully be avoided as a dangerous pest▪ as that of Pison, who condemned one for a supposed murder of I. G. and his neck being on the block, the Conspirator that had plotted it being there disguised, said, hold, I am the man who was supposed to be 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 he 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 Turks minds, that so the difference be ended, it matters not much whether right be done or wrong, because a peace is made without expense of time or Coyne, but all differences between 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 legal proceedings be too circular, and tedious? I desire leave to speak to this question, whereof neither Clients nor Council 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 Harbor 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 storm at Sea, but truly I speak it knowingly, and to the honor of our great practicers, that they do for their 10 s. give good and faithful 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 pass 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 Counsel and Clients, which I cannot but mention for their honor, because beyond sea, the Judge will give no reason of his judgment, and the Sentence is past in private, that so Judges may not incur the dangerous displeasure of the Client; whereas justice with us is publicly pronounced in the gates of our City. But do not Writs of Error immortalize suits? One says, that those wooden Angels which support Westminster Hall, are made of Irish oak, that no Spider of error should hang upon them. Another says, that in reason the error should be assigned before the Record be removed, because for the most part, the common error is only assigned, but this string must be 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 days of grace to provide the money; whereas our proceedings are so speedy, that the party may be taken in Execution the same day the judgment is entered, and that Execution which is the life of the Law, proves many times (through miserable indurance) the death of the party. To explicate myself, I must premise two things as undeniable verities; First, that no politique Law ought to contradict the Law of God, because only those may mar that can make, and Princes having no hand in the making of God's Laws, therefore may not dispense with them. Secondly, No human Law ought to live any longer then the reason of it continues (for reason is the sou • e of all human Laws without exception,) and therefore in ancient Kingdoms and States, many politique Laws wlll be fubject to alteration. Our Ancestors certainly were great husbands to make it death to steal a sheep, or a Pig worth above 12 d. though it be to satisfy hunger; for which by the strict rule of Law, he ought to die: And so it is, if any ready to starve, shall take a loaf of bread from a Baker, 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 be used amongst professed Christians, though it were in new Plantations, where there is more reason to make sharper Laws in the beginning. At Geneva, and in New-E • gland. Adultery is capital, with us it hath been 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 Kingdoms and States is wisely to be considered; as also that place in Matthew, if the Adulterer were to die, what need any liberty to marry another? for then the civil 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, but must be necessitated to live in sin which no condition of life should bring a man into, being grounded upon a popish distinction, between a separation from bed and board, and an absolute divorce from the bond of Matrimony. And truly that man of sin. Antichrist, wresting the Scriptures, to advance his insatiable Luxury, Avarice, and Luciferian pride, prevailed with the most politique States of his religion, to make several Laws that might be as flowers for his garland, (Ecclesiastical and Civil Laws being so twisted together and interweaved as Webbe and Woofe,) that the destruction of Antichrists Kingdom must of necessity cause a review of many Cases and opinions in our books, I speak not of principles and pillars or of the frame and constitution of our Law, but of secondary conclusions & superstructures which may by the wisdom of Parliament be changed or removed without in dangering the ground work, but with wonderful 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 man's Capacity, As the poor Widow said to a deer friend, if my husband had been justly put to death, it would not have so much grieved me, what says he hadst thou rather thy husband should die, 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 natural man's reason but a practical 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 marriages, for as I conceive many of the Popes Cannons are yet in force amongst us, concerning that particular, that after a divorce, there may be liberty to marry again in the Lord, By the Law, if the Father through the tediousness of life kill himself (which is cause of grief sufficient to the poor Children) yet all the personal estate is forfeited to the Kings Almoner a Popish Constitution, upon this ground that the King is supreme Ordinary, and will dispose of his estate for the good of his soul, and the poor Orfans left to beg, this is to add 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, the heir shall be in ward though he hath no estate left him, and the book Corfesses that affliction is added to the afflicted; for the preventing whereof and for the enfranchising of our Noble Gentry (for truly it is but a gentile Villenage) I hope that COURT will be abolished before any further mischiefs happen, which hath been 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 between man and wife hath tended to the destruction of many families, it being the hardest thing in the world, That marriage should not be free amongst free people, truly that I may speak my mind freely, as it is free of its own nature, I conceive there are many defects in our Law, both in matters Criminall on the Crown side, and Civil, As that witnesses should not be examined upon oath for the prisoner as well as for the King, that Counsel 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 valor and heat of English spirits it has been an ancient Law: but upon serious consideration, I fear that the Land has been defiled with much blood by that means, not as yet washed off, indeed in case of an assault, the Law makes every man a Magistrate to defend himself, but to kill a man for a Box of the ear, or any man that I may save without manifest danger of my own life is death by all other Laws in Christendom, 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 will 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 tried once and acquitted, and the prosecutors being discouraged seldom is any man further questioned, as in Lambes Case who being indicted for Witchcraft for exercising certain divilish Arts, exception was taken to the Inditement that it should have been veneficall Arts, the word Diabolical being too general, and many others that have been by the Jury found guilty of Murder and Capitall offenses, 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 exactness of pleadings should be neglected, ignorance and barbarism would soon be introduced, This puts me in mind 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 fear he should look back, because it is written he that putteth his hand to the Plough, and looketh back, is not fit for the Kingdom of Heaven, And the Baker would use no Leaven, because a little Leven leavens the whole lump, whereunto Reverend Latimer answered, let us have it so until men be so grossly ignorant, and no longer, if it should please the wisdom 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 be some Clericall error or misprision, yet the party 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 special 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 anything concerning their Office? and as the Subject in informations of intrusion who have that liberty by Statutes, for since Justice is impartial, (it being the honor of our Law, that Justice is to be had against the King) why should not every man have as much freedom, in the means and way tending to Justice, as a any man whatsoever this I must say concerning defective pleadings, that in all reason the innocent Client ought not to suffer, the loss should rather lie upon the mistaker, be it Council, Atorney, or Clerke, who makes an implicte contract with the Kingdom, 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 Cattle drink there, the Shepherds that are hired to look to them must pay for them, because they die through their negligence, but if any error happen by the Clients misinformation, he must bear his own burden, I know it will be said in the Case of theft, that Clergy is allowed for the the first offense, (which I think deserves consideration, whether it be not some kind of encouragement for men to transgress in that kind) but certainly the matter of Clergy is purely popish, for in reason it is a greater offense for a Scholar that knows his duty, and the danger of the Law to offend, then an illiterate man that knows nothing in comparison, as in the Levitical Law, a Bullock was required to make satisfaction for the Priests sin, which a Kid or a pair of Pigeons would expiate for an ignorant man's transgression.

All cruelty whatsoever amongst professed Christians, is diametrically opposite to the Gospel of grace, such as domineering and ruling over the bodies of our Brethren, as we 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 Crown 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 gains 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 merciful and tenderhearted, as to connive a little at their going abroad, the Creditor complains against him, such Enemies are men, not only to their spiritual but temporal estates, to which purpose I doubt not but the humble Petition and printed Remonstrance of the many distressed prisoners for debt will be taken into consideration by our ever to be honored worthies and sages in Parliament; who either have estates to satisfy (which is hard to imagine, that any man should be so desperate & shameless to suffer such a lingering death by perpetual indurance, if possibly he could help it, nor would the Creditor irrevocably by electing the body discharge the estate if he knew of any, though it is to be wished that creditors were enabled to fell 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 fear of concealing estates; or else they are not able to pay; & so enforced to an impossibility, the party punished, yet the debt still increasing, like that mountain of Brimstone near Naples, ever burning, never consuming, a very emblem of Gehenna; 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 travail to enrich their minds) 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 inferior Court, and when the party expects a trial, then to have it removed and drawn into another Court, why should not the party as well swear the cause of action to arise within the liberty as well as the defendant were his discharge? in an Action of debt brought upon a Bond in London, the defendant may not have the liberty to plead a release or payment in Yorkshire according to? H. the 4. and the statute of foreign vouchers extending not to it being a personal 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 merely for delay: is such a practice that I am confident admits no parallel; I know writs of error and appeals from one Court to another upon allegations of error and precipitance in judgment are usual, but whether appeals to the Judges delegates in ordinary matter; testamentary when a difinitive sentence has been pronounced by a most learned experienced Judge, are not more common then commendable I make a query of it, and wish that the malice of Clients might be more obviated then it has been, but that a man should enter his Action and proceed in it, and be made believe that he shall have speedy justice, and when the Jury is summoned, Council Feed, and all charges disbursed, but for entering the Judgment; then to draw this business away at the pleasure of him that owes the money, cannot hold the weight of one grain in the balance of reason; if inferior Judges are not fit to be trusted with matters above five pounds, or such inconsiderable sums let the business 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 married without any coulorable cause of Action spitefully to hinder the match, and was not able to put in baile, but the party being non-suit the Gentleman had as I remember but 7 s. 2 d. cost, lost his monies and indeed himself 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 devour the credit of five hundred men, arresting them for five thousand a piece, never declare and yet pay no costs, though the party Arrested had better have paid 500. l. that its commonly said, I will bestow a Bill of Mid. upon such a man to stay him in Town, that I may have his company into the Country when I go down, and when costs are paid I see they are so small that he that sues for a debt of 10. l. gains but little by the bargain 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 employment shall hinder himself at least 10. l. in neglecting his trade or profession, but should full Costs be paid, peradventure there should not be so many suits Commenced may some say, though truly I think rather more, and I am persuaded that if Causes were sooner ended that both Lawyers, Attorneys and Solicitors might get more money then they do, for many have been loath to begin suits because they were spun out to such a length, and others would make a shift for money if there might be a speedy hearing upon the merrits of the Cause which are not able to maintain a circular proceeding, these Solicitors are strangers and unknown to the Records of our Law, but though it pleased a Lord Keeper to compare them to the Grashoppers of Egypt that devoured the whole Land, many of them being grown rich: yet truly in right reason if they be honest men, (as all of them are for anything I know to the contrary) I know nothing in right reason that can be said against their profession, I believe they are very useful to the Client, and assisting to the Council, 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 human actions, it would be an excellent service to the Kingdom for some grave judicious man who is Learned in our Laws, and well read in the holy Scriptures, to set down all the Law Cases in our books, 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 legal authorities, beginning at 1. Edward 3. And ending at the jurisdiction of Courts lately published, and comparing human reason, (whereof our Law is in most things the quintessence) with the Divine reason of Law and Gospel, for Law is the science of things human and Divine, wherein my meaning is that for every judgment in Law, that a Divine can object nothing against it, from any express text nor by necessary conclusions and deductions, That is a good Law and may justly be called the Law of God, put in execution by men, for it is not to be expected that there should be an express Text in Scripture for every maxim or Canon of Law, but it is sufficient that there is nothing in Scripture that doth contradict it, there being general rules in Scripture appliable to every Kingdom and Society of men, for their happy government, direction and perpetual guidance in the way to heaven, which being done the difference observed to be humbly presented to the most High Court of Parliament, to do therein what they in their sublime wisdom shall think to be most conducible to the public good, which is the white and Butt whereat they have levelled all the shafts of their indefatigable endeavors. Which expressions I could not omit without manifest injustice towards our Parliament Worthies, our most Noble Lord's, and the Honorable Commons, who like the heavenly bodies have had little rest now for these 5. years, therefore deserve much veneration.

This work requires an entire man without other diversions, and a mixed 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 remiss degree, there are of our profession that are learned in the Law of God as amongst the Jews, the Levites were Common Lawyers; though the reason of that was because the Scriptures were the positive Laws of the Jews, not that callings ought in a popular Kingdom 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; As for the High and Honorable Court of Chancel which is like a grain of Powder, in the Eye of Anonineus it is of such singular advantage to the Kingdom, that I hold it superfluous to say much about it, it is the chief seat of mercy, therefore to be advanced before all Courts of ordinary Justice.

I conceive equity is pure Civil Law, either suppletive where Law is defective, or Corrective where the Law is too rigid the constant practice being that where there is any remedy at Law, the Bill is dismissed; but what Causes are within the jurisdiction and cognizance of this Court, is no easy matter to determine, it is in its original institution a magazine of right and Justice, like the good Emperors Court, from whose presence no man should depart sad: we 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 relieved in equity, Anonimus mistakes like a Nonitiat • that knows not our Law Antiquities, it is very true that until Common Lawyers were made Chancellors about Hen. 8. time, this Court was not so full of business, and afterwards Equity began to be spun with such a fine thread, that none but the eye of a Chancellor could discern it, as Bacon (the Chrysostom of our Law in his time) was wont to say; Conscionable equity being converted into politique equity, for I have heard that when Clergy men were Chancellors they decreed matters according to that Evangelical rule, of doing to others as we would be don unto ourselves, that if any man had over reached another in bargaining 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 year to give 20. l. Rent for a House, wherein he could not inhabit by reason of the Pestilence, which is a divine hostility, like to a time of War, or if I.S. take a Lease for a year at 20. l. Rent, and the ground prove barren, so that he cannot by all his labor make 10. l. of it, in many such like Cases the Chancery afforded Convenable relief 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 whereof is by Statute which Cases compared with the present, I humbly conceive (with submission to better judgments) that the weight of the objection ratherlies in the other balance of defect, that for politique considerations many matters are dismissed without relief, which should in conscience have been relieved, as in the former instances, if a soole sell Land worth 1000. l. to I. S. for 300. l. if the Chancery should redress this; would not this destroy Contracts? I conceive not, for though it is not possible to set an exact mathematical price upon everything yet no man ought to buy anything for less then half 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 bargain, I confess I cannot see any reason why foolish contracts specially when an Ideot shall sell a great estate for a song, should not be rectified in equity, though the contract cannot be nullified in Law, by reason of a maxim that no man shall stultifie himself, for all men that are 21. are not able to contract with old Usurers; but how senseless is it that a youth at 14. and a girl 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 until he be 25. and then if it be not sold for half the worth, the bargain is nullified, so in the other case of play it is objected that there was a hazard and the winner might as well have lost, I Answer, thats but a Vtopian consideration a possibility which never comes into Act but the Law of Conscience requires a real and valuable consideration, In the other case it will be said, that Contracts must be inviolably observed, I answer that in these civil matters men must be constrained to deal like Christians, and if Anonimus mean that in Case a man be drawn into a judgment of 100. l. where 10. is not due, that he would not have the Chancery to relief him, and to rectify the Plaintiffes erroneous conscience, it argues that he hath no Conscience, or a Cauterized one, and He must be redargued for a little saucinesse that calls that boldness, which deserves the name of the goodness 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 Esquire 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 doubtful, is then most honourably seated when he 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, for if the demandant or plaintiff have not clear cause of suite, the libel and proceedings are dismissed, for in the beginning of the suit the Law favors the plaintifes (not with personal but legal favors) as being presumed that the man has wrong, done him, or else he would not begin a suit; in the middle of the suite the Law favors the defendant, giving him time to make his legal defense, In the end it favors 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 mind 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 die obtained favor 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 Jesuits had inveigled a rich man to leave his estate of 10000 l. to them and his son to their tuition, the words were, I bequeath my whole estate to the Jesuits, and to my son what they please, the Duke asked them what they would allow the son, they answered, 1000. l. then says the Duke the son shall have 9000 l. because so much pleases you and you 1000 l. and that Parisiens and to my sons. 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 doubtful to the judgment of Heaven, for the poor French men complain of the multiplicity of appeals 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 his Land upon that Child, which shall have a certain gold Ring, which was for many years enjoyed accordingly, at last one discreet Father bearing an equal affection to his three Sons, caused a skillful Artificer to make two other Rings, for weight, matter, and form, so exactly alike, that the true Ring could not be distinguished and gave unto each son 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 sense too much honey is not good.

I know the swelling of any Court above the banks, is like a deluge or an inundation of waters prodigious to a Kingdom, the other Courts must needs suffer, as when the spleen is in the Tide, the other parts are in the Ebb: but blessed be God, there is a musical concordance and sweet harmoney between our Courts of Law and equity, our Courts of Justice are all Sisters as the Muses were that do not encroach upon, but are helpful to one another, as one hand helps another.

Concerning Delatory proceedings if Anonimus knew what tedious protractions the Subjects in F • ance, and other Kingdoms suffer under, he would not be so impatient: King James in that Speech of his in Starchamber, 1614. promised to expunge all unnecessary delays, and Ceremonial formalities which were adversaries to the procuring of a speedy & well grounded Justice, and truly it is much to be wished that right might be had at a cheaper rate, that Justice in all Courts might pass at an easier charge, that those weeds of needless charge, and brambles of expense that grow about the vine of Justice might be plucked up and rooted out, as far as possible might be, that the Client might have that for 6. d. for which he pays 12. d. and blessed be God for hopeful beginnings, since these right honorable and right worthy Commissioners for the Great Seal have come in justice hath run in a more fluent stream, and purer channel, not dropt as formerly, in two or three Termes the matter is ended unless the course of the Court be interrupted by circular motions, which many times makes such a diversion, that it is hard to reduce it to a regular proceeding, for at the Barre too much is manytimes spoken, but not enough whatsoever tends to the victory in way of verity 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 unless the other side had notice of the intention to move, it might advantage both parties certainly, but the most ancient & honorable Courts are not without gray hairs, I wish all Copies might contain 20. lines in every sheet to be written orderly and unwastfully, I have often thought that the wideness of the lines was, that the parties might meet and agree finding copies so chargable and I conceive no answer ought to be referred as insufficient without showing some particular point of the defect, and why should not Bills be dismissed of course without motion; some other practices fall under consideration, as common Recoveries, what necessity there is of them, why a Fine may not as well serve to cut off reversions? next whether in conscience the will of the donor ought to be violated? then for collateral Warranties, why should not the strongest presumptions give place to the weakest proofs? we read of those that have sworn themselves to be Whores to disinherit their own issue. And for Out lawries why should the personal 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 remains, and how easily are Outlawries reversed? and what fruit has the party of all his labor. A man borrows one thousand pound and purchases Land, and dies, the heir before his Father be cold makes a Conveyance? now the land is discharged from payment of debts. Why is the heir bound unless the Land be chargeable after an alienation? other things are yet amiss in matters testimentary and matrimonial: in charity a man meddles with the goods of an intestate to see him buried upon pleading that he was never Exector, I know not how far a man may suffer in that case, why 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 own part when I consider the noble propensitie in our right Honorable Commissioners, and the Honorable the Master of the Rolls (whose names for their unwearied pains, and extraordinary diligence, in the judicious and faithful discharge of those great places of trust committed unto them, so much conducing to public security, will be honored and renowned to all posterity) to expedite matters in difference, asking the counsel many times, will your Client refer the matter, telling us that they cannot endure trifling, and nicities. I rejoice at that spirit of Reformation which I see orient in that court, and much marvel that causes should depend half so long as they do, so true is it that negotiations are easily dispatched by many, and it is no small security to the Kingdom, that the seal is entrusted into so many safe hands, for if the mole of Chancery, lay upon the shoulder of one ATLAS, he would find it weight enough 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 Kingdom upon suggestion of a Trust, but likewise impeccability, least he should do anything against conscience, yet notwithstanding if the wisdom of Parliament (in whom the public Judgment of state is lodged) should confer that honorable 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 Chair of Justice, he never puts himself besides the Cushion, specially when God's 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 custom incorporated many formalities and solemnities into our Courts of Justice, many of them would scarce hold weight in the balance of the Sanctuary, but far be it from any honest man to maintain an old error against a new discovery of truth. Truly I think it was to be wished, that the oath of integrity might betaken by every Counselor, and Attorney, never to set a hand to any Bill or writing, not to speak anything for the Client, but what they verily believe in their Conscience to be just and true, this is practiced in most parts of Christendom, and some states make the advocates to discover anything that they know, which may advance Justice though it be against their own Clients but of that I make a Quere, but our Law seems to comply with the former, for by Statute it is enacted, that if any pleader shall deceive the Court, by informing that to be true which he conceives to be false, he is to be imprisoned a year and a day, and to practice no more. The learned Serjeants, are sworn not to maintain or defend any tort or falsity sciently, but shall guerpe and abandon the Cause so soon as he perceives the injustice of it, and truly if Serjeants be sworn, 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 Solicitors that look at the merits and justice of the Cause, and desire rather verity then victory in their undertakings, For my part, when anybody cometh to advise with me, about Commencing a Suit in Law, I begin to tremble, and bid him first examine his own Conscience seriously, whether he have been wronged, and that in a considerable matter? for I would not have Christians go to Law for trifles, my meaning is unless the thing recovered will quit the Cost, to provide a Conserve of Westminster Hall Wormwood, and to be of a leavened Spirit for every trespass, was an error which Saint Paul blamed amongst the Corinthians, he examines not who has the best cause but chides contentious natures, that go to Law for small matters did Jesus Christ write our sins in the Dust, and shall we write every unkindness 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 address himself to a wager of Law, as knowing that going to Law is like a laborinth, the ingress very easy, but the egress very difficult; or like two encountering 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, unless he will accept it, he will make him spend another hundred, and hold him in suit with his own money, and then it may be he may get 120 in conclusion. And thirdly, I ask my Client whether he can go to Law in love, which I find to be a very difficult thing, which being premised, no doubt God calls a man to go to Law to recover his right, as well as a kingdom to defend their Laws 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 another's right. It was so in the case of the Israelites and the Canaanites, Joshua 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 far in the right, that the main or many streams of our Law issued and flowed from the Normans, some veins from the Saxons, and many maxims and rules from Sicily, as might appear in a manuscript which one Master Pettit employed by the Earl of Arundell to purchase Antiquities in foreign parts acquainted me with. In the lesser customary of Normandy, you may read in substance the two first Books of Littleton, and to speak truth, what ever is excellent in our Laws, we have taken the cream of it from them, and thereof composed ours; and as our language is most accurate and refined, so is our Law a most complete body of human 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; it excludes all vice, and teaches all virtue, who would not fight to defend such a Law? Fortescue gives a high commendation of it, and says all mankind should have been governed by the Laws of England if Adam had not sinned in Paradise, and herein our Laws must needs exceed the Imperial Roman Laws which were made by the Emperors Counselors, because ours are made by general consent in Parliament; that I may most truly say that the Laws of England are either actually, or potentially, the best in the world, because if anything be amiss, the Parliament may reform 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 Denmark, who have just power enough by Law, for by the salutary advice and consent of Parliament, they may enact such Laws as may make a people happy. Oh happy England, if we knew our own happiness; 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 grows, the people drink water; and is it not an admirable thing, that we should buy a quart of wine for less then the Natives whence it comes; a quantity of every bushel of their corn, every house-keeper forced to take such a quantity of Salt at five times more then the worth of it. The land far richer then ours, yet the people five times poorer then with us, the Soldiers constantly take what they please; the Countrymen and yeomen upon the matter go almost naked upon the work days, in a hempen doublet on holy days: if any man have got a supposed stock 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 favorites of the Prince, and then its observed that they have the happiness that seldom any of their adversaries are long lived. And if the proofs be not clear against a rich man, the Prince will hear the matter in his Chamber, and condemn him, and he is privately in the night time cast into some River, or burnt, and the poor soul says, he is glad he has a life to lose for his Princes pleasure.

But what means this murmuring, that Taxes are multiplied? Vain and miserable men, truly miserable both in soul and in body, that indeed have no money, because the money has them; he is the truly miserable man, that loves his money better then his soul, for the servant of God is master of his estate: when a Kingdom lies a bleeding, who would not willingly lose a year 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 arm or a leg to save the body natural; shall any man be unwilling to part with a little wool 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 lawful 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 Civil Law; for that would be absurd, as to say the Catholic Church of Rome, besides every Kingdom has a municipicall common Law, but by way of excellency, as David was called the King superlatively and the Book of books, the Bible, and the four Courts of Record at Westminster are called the Kings Courts by way of eminency.

Less then this a Lawyer cannot say for himself, because no man must exercise any profession, but what is honest and profitable for the Common-weal, the unhansomnesse of the instrument is grievous to the Artificer; it makes a soldier sluggish, and shames him to have a blunt sword, and as I heard a worthy Divine lately say, if believing be so precious, how precious are believers? So say I, if the Law be honorable, surely the Lawyers must be 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 man's chief excelencie: and though the Soldiers profession be very noble and honorable, because most dangerous; yet the profession of the Law herein challenges precedency 〈 in non-Latin alphabet 〉 because the sword is but a servant to justice consecrated by God to maintain and defend the Law; for if men were just, the sword might be sheathed: now that for whose sake anything 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 (unless there be a duplicity of honor, where the originary and accidental honors meet together) precede the military Nobles. So in Physic, though the subject about which Physicians 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 look upon as the grace and glory of all other Sciences (all being but ciphers without the salvation of a man's soul) in the way of honor 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 Physic, as without which no Kingdom can subsist one day: We see Heathen kingdoms subsist without Religion, and you may imagine a Kingdom to subsist without Physicians, as Rome did for some time; but all men, at all times, and in all places, stand in need of Justice and Law, 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 moral virtues, which is as absolutely necessary as the Sun; for should the Law be suspended but one night, nay, should justice (which is the soul of the Kingdom) depart but one minute, the Kingdom would be destroyed, all human society dissolved; for then every man might do 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 always look 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 entreat leave to speak of one Remora and great Hindrance which is multiplicity of business in a Court, that every man cannot be heard what he has to say, and then the Client murmurs that the business is not done and the Counsel for several attendances (specially having no other business there) peradventure expects new Fees; therefore it were greatly to be wished, that every man if it were possible might be heard every day what he has to say for his Client, at least, that no man having been heard once, should move again, till everyone hath had his Motion; otherwise, a young Practiser may peradventure scarce 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 business should be dispatched.

I would fain propound a question to all rational men of public spirits, whether a Writ of conscionable division does not lie among Lawyers? that at least everyone 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 half a hundred? I am sure it has ever been condemned; for as great an error in politiques, as pluralities which were abhorred, even by that Trentine, or rather Tridentine Counsel as being a great discouragement to the professors, and dishonor to the profession; sure it is, that as all Clients have an equal interest in the Court, one as much as any other justice knowing neither father nor mother; so all practicers are equally invited to the Barre, the Courts of justice, being like a great Prince that keeps open house for all, and makes a general invitation.

Observing in Italy how careful the Potestates and Judges were to hear 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 another's once; he answered, that is all one, as if one man at a Feast should devour 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 between the Ordinary, and the Clerke, should make none between the Judge and the Counsel, 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 people's souls. Now certainly the reverend Judges and the Practisers ought to mind the same thing, and aim at the same mark which is the White of Justice; The Judge in executing justice the Counsel in requiring justice, for the Law is declared and executed upon the request of the Lawyer; if any be otherwise minded that cares not for justice further then he may get applause and practice, he deserves not the name of a Counselor, a concealer, or a worse name if you please better bef • ts him. But why then may not the reverend Judges be said as it were to be Fathers of the Counselors? who may not bestow all their favors upon one child, though never so virtues; 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 loving Father, will not let any child be long without victuals, 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 less work for Lawyers, the sounder is the Body-politique: yet for the present, some having no other subsistence but their bare practice, which have continued faithful; certainly, it would tend much to the honor of the reverend Judges and Justices, to deal their favors as equally amongst us all as possibly may be. I cannot but smile many times, to see a company of hypocrites as we are, stirring up and down in our Gownes, making men believe that we are full of employment; and so we are indeed in a perpetual 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 favorites; yes, the worthy Parliament they are the Kingdoms favorites, very fit they be first heard, & every way encouraged, that so public business may not be hindered: and truly, their ingenuous Candor is much to be praised in this particular, which bespeaks them not only excellent Lawyers but excellent humanists

Secondly, The Laws favorites, 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 Counsel be retained to move them, before matters of property. I allow also Judges favorites, for favor many times gives a quickening spirit to the Law. There was a Prerogative of primogeniture, a double portion belonging to the eldest son, by the Law of God; by the equity whereof a Judge may a low a double portion of time to whom he pleases: the best men that ever lived, have had their favorites, for affection flows uncompelled. Bacon observes, that a man shall seldom see three at play, but he shall wish better success to one of them, then the other, though all strangers to him; and I believe scarce a father or mother that have a numerous progeny, but love someone child 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 equal practice, I esteem parts and abilities wheresoever I find them, let the stronger practiser get three, four, or five times as much as the weaker: but this I aim at, that one should not f • ast, and two fast, according to that most excellent saying, When poor men enjoy necessaries, then let the rich enjoy superfluities; for in every Christian society, one man's superfluities must give way to another's conveniencies, his conveniencies to another's necessities, his lesser necessities to another's extreme necessities.

But it is alleged for the great Monopolists, Impropriatours of practice, that they best understand the course of the Court, which makes the Law, we say in our books, that a common error 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 judgment of the Court hath been in that particular; but Law is reason adjudged in a Court of Record, where reason is the kind, and judgment the difference that distinguishes it from legal 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 stock of Law and reason; it is very strange if he should not be able to tell his Clients cause in plain expressions, Justice is an intemerate Virgin that does not love to be too much courted, it may be a question whether artificial and forced objections, do not many times hinder and obscure the glory of noble Lady Justice, as blew bottles many times hide and hurt the precious Corn, or why should the Law and equity be 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 practice? he that will first learn to be a good Pilot must go to Sea upon calm waters but shall not every man choose his own Lawyer? what else? but who are retained but they that can soonest be heard? who has been observed to get most money when Queen Justice goes her progress, what Counsel doth the Client inquire after, to whom do the Attorneys and Solicitors make suit, I say but this as it would be the honor of the Court to have the business pass through many hands, that every man might labor in the Vineyard, so it is no hard matter to disperse and distribute the practice with more equality as before is hinted; This I affirm confidently that a Judge is obliged in point of honor at the least (if not in point of Justice) to give all encouragement, & to hear 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 think he had rather should eat the next bit? I know some that move not above 3. or 4. times in a year, which a man would think should please the Court for their variety like Summer fruits, if such a one crowd the last day of a term, how unequal is it that he should not be so heard that he may not endanger the loss of a motion at another Bar if he can get it, oh says the loving Father your Brother is fasting, you have had a double portion; mark what I say, my worthy Masters and good Brethren of the Gown, the excessive gain 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 practice is engrossed, for no wise man will venture his money at a Lottery, because there are such few gainers.

But are all Barristers able to practice?

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 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 men's abilities and performance of their exercises, but the poor Client waits, and prays, and is exhausted, the Officers and attendants of some Courts, naturally desire to keep 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 again, something did issue irregularly, the Corn 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 Counsel pressed that the Law was for their Client, it was answered, but equity was against him, or if not equity then the prerogative must help 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 be preferred as most worthy. Are not the sinews Leviathan perplexed? whereas if right reason, I mean legal reason, such as we find in our Books, might be Judge 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 Justice, how many demurs do we daily meet withal? certainly it were to be wished that every Court were enabled to do right and justice, and not to contstrain a man to begin again when he has run hard and got to the end of one mark and goal to enter new lists, & begin a new combat, I speak it to my great grief, 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 we have much heaving and shoving about removing a Feather, whether such a thing duly issued, or was rightly entered or such a punctuality observed, or the course was so in such a man's time, now it is otherwise, truly much course stuff nothing but chaff wherein the pure Corn of Justice is many times smothered, or to delay a poor 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 stopped? I confess the Spiders Web is an artificial curiosity and wit is a beautiful creature the use whereof is to make doubtful cases plain not plain cases doubtful to flourish over a bad matter, is as dangerous as to violate a Virgin vicious, the Ant is wise for it self, but ill for the Garden.

I could be content to hear ingenious exceptions taken to pleadings & subtle distinctions insisted in upon in Writs, Courts, Declarations, Pleas in Barre, Relpications, Rejoynders, Surrejoynders, Rebutters, Surrebutters, and so to the day of Judgment, if this trial of wit might not be chargable to the Client, but when a poor man must pay the reconing for every man to call for more Wine to inflame the shot, I confess my heart riseth against it, and wish from my soul that 10000. formalities were rather dispensed with, then that a poor man should be kept from his right one minute, for shall we not prefer the substance before the shadow, the Corn before the Chaff, 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 me what is the course of the Common Law, or Civil Law, or such a Court, but what does right reason require, this is the Case, a poor man has 100. l. owing him he sues in Chancery is dismissed 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 entering of the judgment, whether this poor soul ought not to have his money without further suit? and so in all cases, when the right shall juditially appear to the Court, let every rational man determine, away with all bugbear objections of ignorance or confusion, and carnal reasonings, lets have Scripture Laws, and summary quick proceedings and after Naseby fight, lets never distrust God for anything.

And truly if hereafter the Kingdom may enjoy so great a benefit, I assure them it is a sufficient and valuable recompense for all their disbursements, and poor souls if they desire no more, they deserve no less. But then comes in a Hierculean objection, that it is better suffer a mischief then an inconvenience, and what that is in plain English, I shall spend my thoughts upon it: when I complain many times that many honest Causes are lost for want of some formality in pleading or other miscarriage I am answered that old forms 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 endangered.

I am clearly of the same opinion, or if the meaning be 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 continual dropping, I close with that likewise, but I beseech you what need is there that any man should be undone for want of a ceremony or nicety in the proceedings, I am sure the least evil must not be done for the greatest good, and why any mischievous case should be suffered amongst Christians.

I am yet to learn, it will be said Politicians could never prevent all mischiefs, I say Christian Magistrates may and ought to make Laws for every man's safety and property, a noble Gentleman for the good of a young Ward his Kinsman, has Compounded for 3. or 4000. l. paid part, secured the rest, and the Ward before any profits received dead, the Gentleman desires relief against his Bonds, the Answer is made better suffer a mischief then an inconvenience, what inconvenience can happen in giving conscience the upper hand? It is better to suffer one Fox in a Vineyard then twenty, but what then? must not that Fox be hunted out that he may not destroy the tender Vines? I say it again and submit it, that it is a shame that any man should suffer in point of right in a Christian Kingdom, it being a principal difference between Christian and Heathen Magistrates, that the latter make laws that concern the most, but care not for private men's sufferings.

And now concerning Justice between man and man. Oh what a glorious thing speedy Justice is it is the glory of the Ruler, and the happiness of the people, what the air is to the elementary world, the sun to the celestial, and the soul in the intelligible, the same is Just ce to the civil world, it is the healthful air 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 soul which animates and gives life to all things, what an excellent justicer was Job, who would not delay the Cause of the Widow, why may not ordinary causes arising within 100. miles of Westminster be ended in a months space, and all other private differences in the Kingdom, the most arduous and difficult in the space of three Months, until it shall please the Parliament for the ease of the subject to enact several judicatories in remote Countries, with liberty of appeal hither in doubtful 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 says there is an appointed time for everything; 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 business to an end in 3. Monethes, he must pay good costs and be nonsuit, The appointed time for the performance of any single combat is from Sun rising to Sun set, if in that time the Chalenger cannot procure his Challenge upon the body, the Defendant is acquitted, ah speedy Justice is the Cape of good hope, by which we pass to the fortunat Islands, and this is the distinguishing virtue of it, that whereas all other virtues do good to themselves (even Charity it self beginning at home) regarding more the good of the possessor, then others; Justice doeth good to others as being the principal Pillar and foundation of the Kingdoms happiness.

Now promise being a debt, I am to perform it, and must speak a word concerning the reverend sages of the Law, I am persuaded that the ambition of the Clergy, and the pusillanimity (to give it no other name) of the Judges were the grand occasions of these intestine calamities, who being entrusted by the Kingdom as guardians and sentinells for the people's liberties, spiritual and temporal, to make themselves grandees at Court, made the Laws to speak what they never intended, by straining to advance the prerogative above its proper altitude, and certainly that judgment of ship money (not to say anything 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 men's charters were lost, in the Civil Wars they were forced to produce them, forcibly ravishing a Virgin, and then putting her to death, for the loss 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 be a necessitous people, when they were solicited to deliver their opinions against those worthy Patriots, whose names ought to be 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 Judge is, to do justice, and the end of a Lawyer, but to persuade the truth, a man must not for to save his life, loose the end of his living, the only necessity is for everyone to be honest, but it is no unusual 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 Council, then the Council above the Pope, honest Vergeus made answer that the reason was plain, because the Pope had more Cardinals Caps Crosiers-staffes, sat Bishoprics, and Larded benefices at his disposal to recompense such opinions then the Council had; as one being asked what the Arminians held? answered merrily, most of the fat livings in the Kingdom.

But now since by God's gracious providence, the wisdom 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, an ignorant Judge being worse then a corrupt Judge, for the one may sell Justice as well as injustice, but he that understands not what right is cannot be said to do justice to any, be learned ye that are Judges of the earth.

2ly. sapience, not wise to do evil, but that wisdom, that he which the evangelical Prophet calls Counselors advises; that a Christian should be innocent as a Dove, never to hurt anybody, and as wise as a Serpent, that nobody should hurt him, there is much wisdom required in a Judge to discover fallacies, which sometimes may be presented as verities; for many times by artificial deceit (which is of all other the worst) the matter is so tricked, shadowed and heightened by color 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 speak well in a bad matter, which is not eloquence but loquacity, certainly the Judge is able to speak much better in a good cause, and to set a far clearer gloss upon the truth if need require.

3ly. Prudence which acts in every individual circumstance, Law cases being as men's faces, seldom 2. cases so like, but there is some difference, now in such multiplicity of business, a Judge had need be very prudent, not to embrace a cloud for Juno, I am persuaded if one observation might but take place, it would be a means to retrench and cut off all unnecessary delays & tedious protractions of Law suits which are so grievous to the subject, and that is, that every man's Grant, and all bargains, 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 real intentions and plain meaning, and so find and declare the Law accordingly, It is a rule that men's 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 certain 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 man's meaning will easily be found out and made evident, and this would beget a sweet harmony and friendship in all Civil affairs, for no man should be suffered to defraud or go beyond his Brother in bargaining, whereas some crafty Fox that hath observed the strict formalities and niseties of Law, will easily surprise a credulous nature which suspects no hurt, many times to his utter undoing, I know what my Lord Bacon says in his third rule against this, but I submit it to juditious consideration, And this is practiced in matters testamentary, All agree that matters of Parliament, Arbitrement, Testament, and other words that end in meant, must be construed according to intention, why not as well in all contracts? the reason is given, that when men lie sick, they have no opportunity to get Council, pray, why can you not as well send for a Lawyer as a Physicians, if sick men have that favor, why should not the Law be as kind to men in health?

4ly. Purity of hands and chaste 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 Judges that made the people of Israel revolt from Samuel, and desire a King, and in Deut. and Isaiah, no Kite, Eagle, or griping Bird, was to be admitted into the Temple of justice, and I hold it a dangerous thing for Judges to take any presents from any man, though in things commestible and corruptible in 2. or 3. days which the Romans allowed, for there is a kind of hope in the giver to receive favor from him, if any cause come before him, and a generous propensitie in English spirits to requite the least courtesy; 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 Judge whose servant sold it for 5 s. to a Client which presented it to another Judge, 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 Judges had been presented with it, till about the end of three days the host bought it, and truly few ingenious men could scarce bridle their cheeks from laughing at stories about presents made heretofore (though now blessed be God, we hear of no such matter) that have served for table talk, a time which Christians should improve for spiritual advantages.

Fifthly, Integrity of Conversation; He that is to judge the Lives, Honors, Estates, and fortunes of others, had need himself be exempt from blame, He that is established to reprove others, ought himself to be irreprehensible as much as may be in human nature, the integrity of the Judges is the health of the Subjects, 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 God's holy ordinances, so say I, what heavy oppressions and iniquities were perpetrated and groaned under in our Courts of Justice before this happy Parliament, every man knows it too well, let it not be told in Gath, nor published to the dishonor of our English Israel but as a stumble may prevent a fall by taking the better heed, so I do not doubt but for the future we shall have such worthies preferred to places of judicature, that shall make it their meat and drink, to execute justice, to witness their love to Jesus 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 speak my thoughts about two things, Malignancy commonly so called, certainly a Malignant Justicer is the worst of all Malignants, or if any be a neuter the difference is but gradual, we have solemnly covenanted neither directly nor indirectly to give ourselves to a detestable indifferency or neutrality in this glorious cause which hath never offended, and which indeed is rather God's then man's.

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 Judge should come into any County and there declare anything done by the Parliament to be illegal, 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 be but suspected by the generality of Cordial men, he is no Idoneous person for so high a place, nay what if I should say, unless he be active and zealous? for a Judge should be courageous in executing his Office and in God's cause.

I would fain ask another question (for thanks be to God and our good Parliament, these are times of Christian liberty, the Lord grant that no man abuse it by turning liberty into licentiousness, for a man to beat himself and strike every man that he meets, and speak irreverently against authority, this is no Christian liberty, but a furious Bedlam meriting madness) whether he that is not a good man can be a good Judge? the reason of the doubt is, because Justice is a moral virtue, and not religious, for no doubt there are many good Justices amongst infidels, and some that do justice even for the love of it, for a Philosopher may go so far, but in a Kingdom, 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 Kingdom of our Lord and Savior Jesus Christ, &c.

I conceive no man ought to be set upon so high a pinnacle of honor, as to be entrusted with the lives, reputaions, and estates of the Kingdom, unless he can have that before his eyes which no unregenerate man can have, a natural man may do justice between party and party for a private revenge, or to gain popular applause, or for the love to justice, (a virtue in it self so sweet and amiable) but for God's enemy (as every unconverted man is) to aim at his glory, and to set Jesus Christ upon his throne, that is above the sphere of his activity, the natural man cannot act supernaturally; if he eats he sins, 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 blind.

Secondly, fearing God, he that ruleth over men must be just, ruling in the fear of God, he that commands others to deal justly must be just himse • fe, otherwise you think to straighten a stick by a crooked rule, which must be from an inward principle, the fear of God in whose right and place he ruleth; a Judge must so fear God, as to be altogether just, not in part only, but entirely 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 be a man altogether composed of sanctified truth and Justice.

4. Hating Covetousness, its one thing not to be a covetous, man and another thing to hate Covetousness, as it is one thing not to swear, another thing to fear 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 do I know that I am a man? In doubtful matters the supreme and ultimate judgment (from which there can be no appeal to any earthly Tribunal) is the high Court of Parliament, when that has made or declared a Law, then every man's mouth is stopped, it is an anointed truth, and may not be questioned by any murmuring or contradiction, I know a reason why every man should be reckoned irreligious, unless the contrary appear, 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, certainly 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, civil, sober men may do much good in their stations.

But the question truly stated will be this; what if the best Lawyers be not the best men? or what if he that is as it were heir apparent to a Judge, be not in the appearance of good men an heir of heaven, would you have Lawyers leap into the Chair, and not by degree take their turns? but before I answer, I ask further, Is he fit to be a prime Courtier on earth to execute the Laws of God that is not a daily Courtier at the Throne 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? this is a clear truth that as all lawful external callings are from men, so the internal is from God; I shall presume to insert a pleasant story, By the constitution of the Popedom, upon the death of a Pope, so soon 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 be by two parts of the suffrages as it there be 30. Cardinals, he that is chosen Pope must have twenty voices, now a Pope being to be chosen, fifty Cardinals met 30. were for one and twenty for another which being no Election, and they having continued 3. or four days, and no hopes of agreement, one fat Cardinal that stomackt the business for want of his Capons and Pigeons, and unguentary Greek and Albauwines fell a sleep, and waking told them that now the difference would be ended, for neither of the two must be the man, for he had received a revelation in his dream that it was the will of Jesus Christ, that one Clement should be Pope, and he asked them whether he was not without exception the fittest man whom Jesus 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 mind of Jesus Christ, Grasso slumbers again 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 will of Jesus Christ, that they should make choice of that man without any further contestation; thereupon, concluding that none knew the mind of Jesus Christ better than Peter they chose him Pope and dismissed the Conclave, I shall make no application but this I say, that when a good man is advanced the Kingdom indeed rather than he is preferred, for a good Judge is an epidemical blessing, yet I must further inquire what learning is principally required in a Judge.

First for matter of Oratory, to read Cicero, Demosthenes, Isocrates, Quintilien and politique Authors which have entreated of the Roman policies, as Plutarque, Pliny, Seneca, Cassiodore, for Philosophy; certainly all good human Laws had their source and original from reason, well regulated and conducted from the precepts of good moral Philosophy best handled and made forth by Socrates and his Disciple Plato called the Divine and prime of the Philosophers, but they were rather contemplative and speculative in occult inventions then useful and practical for government. Aristotle's learning for a Judge is rather to be desired, but yet I do not hold any of these absolutely 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 own wants, and a visible experience how many Gentlemen are gravelled) to propound my serious thoughts to the honored and learned Benchers of the several Societies, heartily wishing for the Students good, that there might be in every respective house two at the least appointed as professors of the Law to direct young Students in the Method and course of their Studies, that they may rather apply themselves to cases profitable then subtle, 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 himself to Justice Littletons Tenures is to have a jump of Beefe after a grand dinner; I remember that having read Littleton three times over, I told my worthy Master (who honored me with a lodging in his Chamber) that I thought Litileton was no Scholar, and had nothing worth the reading, but his Latin sentences, he advised me to make it my meat and drink, and to read Doctor and Student for a recreation, which the more I read, the more I might, for I thought myself in Paradise, worthy Master Shurland who read at twenty two years standing told us in his Speech that he had lost three or four years study for want of direction, because he specially minded moot points and speculative conceits, neglecting cases useful and practical: and truly whereas we allow seven years study under the Barre, I would have 3. of them spent upon the body of Divinity, (it being as the Sun among the Luminaries) and 4. in the study of the moral 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 gravel themselves in the quick sands of villenage Frankalmoigne, Quare impedits, and such unnecessary contestations, I would entreat the Gentle students forthwith to address 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 plain and easy, & whereupon peradventure scarce one case shall hapen in a man's life time) would acquaint the society with the most useful 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 controversial 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 go 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 would have every man to be at liberty, to speak as he conceives the Law to be, for truly I do not like it that any man for Argument sake should argue against his Opinion; pray thee good Reader do not object, that old forms 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 prefer the shadows before substances, and restingly delights so much to sit upon the form, let him never come to the Bench by my consent; Time only can demonstrate the utility of the praemised design, which cannot be chargeable to the Students, for he that instructs others teaches himself, and it will occasionally increase his Practice; besides, everyone of the House might repair 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 faithful and able advice, and refused their Fees to my knowledge, and I know a Brother Barrister 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 Schools of Humanity, shall attain to a summary general knowledge in Grammar, Rhetoric, Phisiques, and Meta-phisiques, the Ethiques and Politics of Aristotle, they are useful as scaffolds and praise-worthy, but not necessary; and for the Greek Tongue in regard that the Authors are so faithfully translated into Latin, though in many Cases it holds, that the water is never so pure as in the Fountain, yet all things considered, it is better to rely upon the Translation being so exact, then take such infinite pains to search the Original, as Rasis; Avicen and other Arabian Physicians are made use of only in the Latin, and Greek Translations, and as Travelers know that its better to come into a French History, where all things are in a readiness upon the Table, then to an Inn in Spain, where instead of reposing yourself, you must fetch Bread here, and Wine there, and Flesh in another place, and stay two or three hours till it be made ready; and this makes me wish not only that all good Books whatsoever were Translated into ou • own Language (which would advantage Children three or four years schooling, who are cracking the shell to understand Latin, whereas they would easily get the kirnell, and learn Logic, Rhetoric, Philosophy, and other Sciences, as they do to know the names of Creatures, Beasts, Fowls, • ishes, Corn, and Household-stuff and other necessaries; if all Books and Authors were in English, which might easily be done by our learned Scholars now in town, a work that would more advance and dignify the Kingdo • e then Prima faci • can be imagined: For hence it is that Scholars in Fran • e know more at seventeen then with us at twenty; the Gentry, even the women generally, excellently principled in moral Philosophy and all human 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. recites, that great mischiefs happen to the Realm, because the Laws are shown in the French Tongue, which the Clients do not understand, but does not fully cure the malady; for truly I am ashamed that a Sub-paena should be served upon a Country-man in Latin, when peradventure scarce any one within five miles understands it; believe it, 'tis a badge of the Norman Conquest, which by degrees I doubt not but will wear out. I am no enemy to Learning, but this I affirm confidently, that were all Authors, Divine & Human, 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 own, unless it be for Statists in point of correspondency with other Nations. Indeed History is in some sort necessary for our reverend Judge, especially our English Histories, without which a States-man is as one that hath a crick and cannot look back, and I conceive that to be the greatest defect in our Profession, that not being versed in our Histories we content ourselves, 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 go to Rome, not trouble himself to learn all the ways thither, but that which may be the safest and nearest way for him; for if any matter concerning the Civil Law, or Physic, or Mayhem, or the quantity of Land, or any other foreign scientificall matter be brought in question before our reverend Judges, they send for other Artists, skillful in those matters, and advise with them; according to our rule in Law, every man must be credited in his own Art, the Shoo-makers Judgment about making Shooes, before a grave Cato Disputing about the same matter, and so far I think 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 complete Judge, and truly I hold it is in a Christian Kingdom; the reason is, because without this no man can come to be a good Politician, for Policy is but a branch of Divine Wisdom, there being no Policy against God, for all saving spiritual wisdom comes from God as the fountain, through Jesus Christ as the Cistern, effectually drawn out by the Pipe of Faith, and all reason of State must do homage, and render obeisance to Divine reason, which hath its Authority more elevated. But put case then that one Lawyer hath a large stock of Law, five talents for the purpose and not one spark 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 think the latter, but put it thus; that one hath four talents of Law, and two of Grace, and the other hath • woe talents of Law, and four 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 Proverb is very significant, Set not the Cart before the Horse; that is, prefer not dead 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 Child for his fathers sake, bears the greater love to the father. Aristotle says, that Religion is absolutely necessary for a King, for no man will think that he will do right to men that performs not his duty to God; neither dare men offend him that fears God. How happy was Constantine for putting his trust in the Cross, as Papists vainly imagine; but that Kingdom that trusts only in God what can be done against it? Oh make much of, and honor religious men for his sake whose true pictures they are, for the house of Obed Edom was blessed for the Ark sake; indeed it was the Court-caveat, Take heed 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 mean such as do not only make profession of Religion, but take it into their protection, what glorious times should we live to see, all terrestrial 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 Original. A Picture that resembles us, we make much of it, if it deform us, and carry our name unjustly, being nothing like us, we burn it; the Draughts of God's Visage are Piety, Justice, and Clemency; good Kings and Judges are kept in the bosom of the Eternal as his beloved resemblances, but a counterfeit shilling we nail it to a Post, and if any man think any way to advance himself by exceeding those bounds which God hath prescribed, the Almighty Judge does but fatten such a man for the slaughter, to make the stroke of his Judgment more signal. The • reverend Fathers so adorned and qualified should therefore be made honorable and rich the first day of their Charge, or have an honorable support for three Reasons.

1 To anticipate not only the inconveniences of want, 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 own ease to do speedy Justice, for why then should it cumber the Court longer then needs must; and that is the reason that many States maintain Lawyers at the public Charge, that so expecting nothing from the Client they may steer their advise the speediest way to the haven of Justice. But whatever complaint may be made of us, truly for the generality we do but taste of the broth of commodity, the Clerks and great Officers of Courts put their ladles to the bottom of the Pot, and are even drowned in the sweet liquor of potable gold.

2 This honorable Calling and maintenance is in the nature of baile, as a cautionary assurance to the Kingdom to answer for their judicial administrations; and I conceive Honor obliges, and engages more then profit, yet not so as to superabound in wealth and power, least they should command as Lord's, and not as fathers.

3 Judges should therefore be great that they may dare to do Justice, as Gascoigne committed Hen. the 5. upon a Bishops complaint, Hen. 4. rejoiced that he had a Judge durst do Justice upon the Prince, and a Son that would be so obedient; I shall tell you of a gallant piece of Justice to recompense that of Piso; In the great Wars between Charles the fifth, and Francis the first, one Raynucio was imprisoned at Milan for betraying a Fort to the French, his wife (who for beauty was called the Nose-gay of the Parish) petitioned the Governor for her Husbands enlargement; the Governor our being so enamored 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 conceal 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 yield to his desire or be an undone widow; the virtuous soul covered her cheeks with the color of Roses, and desired to speak 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 honor being required you must prepare for death; he commended her magnanimity, and how sad their parting was you may easier conceive then I can express; the hour being appointed for his execution, he considered that life was sweet, and skin a • ter skin, one thing after another, what would not he do to preserve a little momentary breath! sends for his dear Consort, and cries to her as if he had been her child, to yield to the Governor, and to win her consent says; First, that honor consists but in the opinion of the world, and that a sin wholly concealed is half pardoned, as the Priests use to say. Secondly, That Spaniards are most faithful in keeping promise, and no doubt he would swear never to reveal it. Thirdly, That he would be the death of him, as by the Law of Spain he might (for any man may kill him that lies with his wife, the provocation being so great. In Italy he must kill his wife as well as the Adulterer, or else he dies for it, as being presumed that he did it not in the way of Justice, but revenge) the poor soul yields, for as Job says, if this be the condition of our temporal being, that we never continue in the same condition, much more are our spirits mutable as they are more subtle, (not that I speak this in the least title to justify her, for should I go about to excuse it, it might be a greater sin in me then the offense was in her; as for a Lawyer wittingly to Patronize an unjust Cause, is worse in him then in the Client;) Garcias had her in his power as a bird ensnared, and being weary dismisses her, with a promise to set her Husband at liberty; but the Spaniard considering that a man or woman's honor is like a great Fort, take that and you command all the rest, tells the Prisoner that he must pay ten thousand Crowns 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 perfidious Governor bethinking himself what danger he might incur from the Emperor, and fearing that the man might be revenged on him (for dead men do 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 himself 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 poor soul to see her self deprived of Husband, Honor, and goods altogether, her grief 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 extreme shame she made it known to a friend both able and faithful. Now the Duke of Ferrara being General for the Emperor, Aemelia presents her requests for Justice against Garcias who was convented at Ferrara, and thinking that as the Adultery of Mars and Venus served only for sport in the Court of the Heathen God's, thought that the General would but laugh at the conceit, or at the worst would remand him to his Command at Milan, persuading himself that in such a case his Soldiers would not let him suffer, he confessed the fact, said it was so pleasing a sin, that it was impossible he should ever repent of it, and upon the matter told the General 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 do Justice upon the greatest offender? Garcias said the Duke, you must restore to this Lady her ravished honor. Sir, says he, That is impossible, and what's past help, shall be past grief. But you may Marry her, says the Duke, for you loved her once, and you must love her forever, or lose your life, and that you shall do this day. I loved her indeed, says 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 choose rather to Marry her. Aemilia upon her knees entreats that she may rather die then Marry him whom she so much abhorred. but the Duke having whispered with her, she submitted to his good pleasure. The same Priest joined them together, (by virtue whereof she was intitled to his Estate) and of a forced bargain 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 fatal 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 Council in this renowned City, the Jerusalem 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 Jerusalem of our England, and now the receptacle of the Saints; the Lord hath had in all ages, some hiding-place for his people until 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 Kingdom, the Chamber of the great and most Honorable Council, and the nerves and sinews of our just defensive Wars; and next under God, and our Worthies in Parliament, the chief preserver of the whole Kingdom, and now in true esteem the most glorious City in all the world, but I spy a mole in the face of Venus; Beggers are suffered in our English Israel; Oh the fearful noise that the poor Prisoners make for bread, for bread; the hydious noise that was made at the Sacrifice to Molech that the children's skrikes might be drowned, is nothing to it, because we are Christians; what English heart but must cleave if it were a Rock, melt if it were Ice, soften if it were Iron, dissolve if it were a Diamond? to hear a poor soul in such anguish of spirit bitterly cry out; Oh Bread, Bread for the Lord Jesus Christ's sake, Bread; we are a great company of poor Prisoners, almost starved and pined, (as if their Souls were ready to take their flight for such unkind usage) did not custom take away the scandal of it, and inure us to it, as those that can sleep quietly near the Catadupes and great falls of the water of Nile; 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 ourselves brethren of the same faith? Indeed for Prisons, the Banquet is a most excellent composition of Charity, but I fear many are in extreme want, it may be such as are ashamed to beg; truly since by our Law (which is contrary to the practice of other places) the Creditor is not bound to maintain the Debtor, whom he has disabled from geting his living; it lies much upon the Governors that no man want Bread and necessaries, one man is thrust down into the Hole not having two pence to pay for his Lodging, another stands at the Gate blowing his fingers, because the Creditor will not let him get his living by the sweat of his brows, a third lives upon the Basket, that had he his liberty might relieve others, as formerly Merchants have done; now truly if it shall appear that any man shall fraudulently, or subdolously get into his hands another man's estate, I think he ought to be severely punished, as in Roan, a Father and two Sons were executed as decoctors and melters of other men's Estates, that had borrowed ten thousand pounds not being worth a Groat, nor any probable possibility to be ever able to satisfy; but for a Merchant that has lost his Estate by the immediate hand of God, through shipwreck, or other casualty, to be persecuted upon the Statute of Banckrupts, and the Wife to be examined against the Husband, and if twenty pound be concealed to preserve a numerous family from starving, to be set upon the Pillory, and lose an Eare (whereas if right reason might take place, the Banckrupts Wife should be provided for in the first place, according to the Portion she brought, it being the most ancient and primitive Debt, a man being more straightly bound to his Wife and Children then he can be to any Creditor) and after all this to lie in Prison perpetually. 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 less fraud, and how was it amongst the Jews when there was a year of Jubile, that all Debts were released the seventh year? now the word fraud puts me in mind 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 find out Recognisances, Judgments, 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 remains, and what incumbrances lie upon it, and every Estate or Charge not entered there to be void in Law; but then says 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 read 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 man's Estate in the Kingdom were generally known, then he that is not worth a Groat would not go in a garb of five hundred a year, and incur Debts irrecoverably; another hugs himself that he can cozen men's expectations, making men believe by his old shoes that he is not worth five pound, when he has thousands in his Coffers; of which dissimulations the latter is the worse, it being better for a woman to paint then to blur her countenance. It is to be wished that the poor souls of Prisoners were better fed, that so the loss of their Temporal liberties might be recompensed by spiritual 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 yearly laid upon every Town in the County would maintain a Minister for the Goale, who by love might gain much upon their spitits (for truly when all is done the way of love is the best, and a more winning way, and if anything about, yet the fairest) when the poor wretch shall see that the Magistrate loves his soul, 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, go out with their Keepers to the public 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 poor Prisoner should go out in the morning on the Lord's Day, to serve God, and return at night, will any Creditor be so devilish to Count that an escape? As if like one that had the Pestilence, he should envy 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 Lord's Day, but I think the question should rather be, whether any but Accountants ought to be imprisoned for Debts; there is I confess a difference taken in our Books, that no judicial act may be done upon the Lord's Day, but that ministerial acts, such as to Arrest men may be done; the reason is rendered, because it is a good thing to do well upon the Sabbath; certainly there is more dexterity of wit, then solidity of Christian Judgment in this difference; I am sorry the reverend Author should put a Bristolstone amongst so many diamond Reasons as are in that case, what manner of reasoning is this? A poor man in debt would fain serve God upon the Christian Sabbath if he might go free from Arrest; no, says that Book, if you go to the Market for your Soul you must be arrested, and so the poor man it may be drinks away the day, and splits his Soul even upon the rock of despair, and whether this be not a breach of the fourth Commandment, judge you; for this is an everlasting rule for all Christian Magistrates, that whatever any man's offense be, they must take care for that man's soul.

I am persuaded that that which was formerly spent in Pageantlike vanities upon a Lord Mayors day, would have fed all the mendicant poor about the City; I profess, considering what fopperies are beyond Seas, a man might well have asked whether the Lord Mayor was a Christian, or did honor to some Heathen Deity? but blessed be God the moderation of this City is known, and beloved of all good men; me thinks a crown a house within the Line, advanced by the Landlord, should make a comfortable provision for all the Beggers; I know the streets in that populous City of Paris were so covered with Beggers, that as you walked along upon their Holy-days you might have imagined yourself in a continued Hospital; 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 clothed, those that could work employed, the impotent provided for, that in a months space a Beggar was as hard to be found as a Wolf now in England, or as I hope ere long it will be to find an Enemy to the Kingdom in the bowels of it; we have many excellent Statutes to this purpose, 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 Universal, for this City is an excellent Copy for the whole Kingdom to write after. I hear others complaining of numerous Privileges, but I hope the Noble Peers, and worthy Patriots will not renounce their legal rights to gratify a company of old Usurers, or cozoning oppressors, (for I observe, that those which are conscionable in lending are courteous in forbearing) and at that word Usurer my heart rises, and is so brim full that it must needs a little run over; poor Souls, 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 upon occasion of many English men's flying for Religion to Franckford and Geneva, taking some Money with them entreated the Bankers to allow them three or four in the Hundred, because they knew not how to employ it; but he delivered his Opinion with many cautions, so as the lender gain by it, and be well able to pay it, and so as none be offended by it.

It it the honor of our Nation that the Practice of Usury is not by any Law allowed, in point of Religion or Conscience, and the words of the Statute are, That all Usury being forbidden by the Law of God is sin, and detestable, and therefore enacts, that he that takes less 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 compel men to deal like Christians, who worse then Jews 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 raiment, 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 Use nor Principal; 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 Principal, until 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 principal 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 Heir, and an old Bond of eighty pound not worth six pence, who gives Bond to pay one hundred pound, this is devilish biting, but it must not be called Usury within the Statute, though I conceive it clearly within the intent of the Law-makers. When we object stews against the Papists, they say they will suppress them, when Protestants forbid Usury: but I do not say anything against a toleration of it, in case of Orphans; neither do I make any question but that in great and weighty matters a Kingdom may allow eight or ten in the Hundred, to get Money to preserve it self; fought in case of necessity it was lawful to eat the Shew-Bread, and for Adams Sons to Marry with Adams Daughters, besides what the wisdom of a State shall conclude upon in such cases cannot be thought prejudicial, but that which I drive at is, that rich men in these days make it an Instrument of oppression, he that would be fully satisfied, let him read a Book which I find written by R. F. of Graies Inn, 1611. I believe the most judicious that ever was concerning this Subject; now to resume the matter of Privileges, which are private Laws to be maintained and defended as well as the Public, some Noble Peers deserve much Honor in maintaining their ancient and undoubted Privileges, and placing their legal favors upon fit Objects; if any of their followers be any way engaged, they satisfy as they are able, and the Creditors have returned their Lordships humble thanks for some Hundreds of pounds paid by the Creditors, who had never paid a penny had they been imprisoned; others may thank that Noble Knight for their Debts, who for his clemency and commiseration intended to poor Prisoners, deserves to be styled, The Humanist of England.

And here I would humbly beseech those Honorable Personages who are moved to grant Habeas Corpusses for poor Prisoners in Execution, to go 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 cheerfully answer the denial thereof, as the granting of them at the day of Judgment; when it will be easier to answer an error of Indulgence and mercy, then severity and strictness: The Reverend Judges fitting for Lord Keepers granted many, and Creditors found the benefit of it, for no man will return to a Dungeon if he can satisfy; the Bird will not come into the Cage unless ensnared. But Habeas Corpusses have been abused, says the Creditor, truly if he may be Judge it is in vain for the Prisoner to plead not guilty; But what has not been abused? have not the Sun, Moon, Stars, nay Women, Wine, and all things sublunary been abused? me thinks these necessitous times should be as a golden Key to open the door of hope for poor Prisoners, it being almost a Proverb 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, coming upon English ground, and breathing our pure air.

And now concerning the necessary and laudable recrute of the Honorable House of Commons, who may justly say, We consume ourselves in giving light to the Kingdom. Anonimus brings in a flood 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 weakness whereof will easily be discovered by the strength of reason and authority, which are the two instruments to confirm all truths; in reason we see with our own eyes, in matters of Authority by other men's; the Divine begins with reason, proceeds to experience, and ends in Authority; the Pysician 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 color of an Ordinance made in the Lord's House, in 46 Edw. 3. it was forbidden that no Lawyer should be chosen Knight, Citizen, or Burgess, by reason whereof the Parliament was fruitless, and Lawyers ever since for the great and good Service of the Common-wealth have been eligible; now let right reason be Judge in all things, the Inns 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 govern the Kingdom by Law, and are any so fit to be Law-makers as those that must be the Executors and Dispensers of them; King James (who certainly was the Phoenix of Princes for substantial learning) admires the wisdom of our Laws, that the Judges have no Vote in Parliament, and the Pen of famous Bacon is of that Judgment, the excellency of that observation in my weak apprehension lies 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 knows the spirit of another man so well as himself? the reverend Judges are bound to expound Statutes according to the minds of the Legislators, otherwise they that are at the oars, row contrary to him that sits at the helm, & then the Ship of State would quickly be in danger of drowning. That the knowledge of out Municipall Laws is not a necessary ingredient to the constitution of a Statesman, is a fundamental error in Politics; I do 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 rational men as any Practisers of any Profession whatsoever be in the world, and I dare say that there are more Godly Religious Lawyers, Attorneys and Solicitors in England, then in all that habitable part of the World, called Christendom;

But my Adversary would fain make his Ignorance seem Iugdement, I know not why he mentions Calais, I confess I do not love the least gall in ink (the rather for that anything 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 Laws As the Priest when we lost Calais, took our English brawn for sturgeon, and eat it lustily in Lent, and sent for more English Sturgeon; I can by that little knowledge I have in the Common Law tell the Civillians that our trials by Jury are more excellent then theirs by Witnesses only: for how easy a thing is it, in a sinful populous State to get two men to swear an affirmative? and indeed by the strength of our Common Law-reason I can discover many weaknesses & errors in the Laws of other Kingdoms; but what a silly allegation is it, that we are not useful in other Kingdoms, for all Laws are but determinations of the Law of Nature incorrupted, though every State has its distinct municipal Laws; and herein we exceed, that many of us understand their Civil and Common Laws beyond sea, but not a man of them that so well understandeth our Common Law: which for certainty, perspicuity and many other respects far advances it self above any other human policy, but to keep to the point whether an honest Lawyer be not a necessary and useful member in the public service, to hold the contrary is to maintain so weak an error, that I think never yet deceived any man; If thou intend Anonimous, that those which have knowledge in the Laws are not fit to be Commoners, thou then art so silly that I should be sorry for this encounter: but if thy meaning be (as I believe it is) that you would not have Parliament men to practice, then there are these two things considerable.

1 Whether it be fit that a Judge of a superior Court should give attendance upon an inferior 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 Honorable house of Commons do not require a whole man? To the first it may be answered, that sitting, the Parliament, all other Courts must do homage to that in any competible point of power; But when they are out of the house of Commons, they are in particular 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 Honorable 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, and so the Burgesses proportionably for never did mortals 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 less then the universe, as the Chapter capitularly congregated are superior to the Dean, but apart, subordinate to him.

To the second, I answer that when ten men are obliged to pay 20 li. if one man pays it, it is in Law the payment of all the rest: so all men and women being equally obliged to marry for the public good, when the Kingdom is populous and no want of posterity they are discharged as to that politique Consideration; So if twenty Commoners are practicing in other Courts, if the business of the House go on 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 anything should be enacted against my particular profit, I should suspect my own judgment; nor ought any man to be judge in his own cause, when it concerns his private advantage, for as Gold is tried by the touchstone so are men by gold; it is too heavy a temptation to be laid upon any man's 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 here below, & the highest point of policy is so to settle matters that no man may hope to gain by prolonging suites, or muliplicitie of business, Machiavill says, do but tell a good Prince that he may do what he list, and presently he becomes a Tiger. I am sure experience shows and it shall be acknowledged to all posterity, the excellent service that hath been done by men learned in the Laws since this Parliament; their names shall be had in everlasting remembrance; Faithfulness to the State and uprightness hath been their brightness & glory: and which hath been more set off with a greater luster by reason of the reciduation and unfaithfulness of others, of whom I will say but this, the Lord pardon them their great transgression: for they knew the Law yet contemned it; I am sure they have been a dishonor to our noble profession: but I leave them to the wisdom of Parliament, only I confess I was much affected with an expression I lately heard in a Sermon, that should our enemies prevail over us, should they whom the Parliament have judged rightfully, have been Judges of the Parliament wrongfully, they would not leave one of a thousand, but every man's private judgment is concluded in Parliament: whom not to believe in all State matters is moral infidelity; Only I may not forget the recognition of all humble gratitude to our most honorable Parliament for imprinting a distinguishing character upon us that have been London Residentiares and faithful Adherents to the public Cause and the Oxford Absentees, or Malignant Lawyers, that they are not suffered like Pharohs lean Kine to eat 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 judgment: 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 offense that can be committed against the husband: being so directly against the conjugal contract and alliance; so for a Lawyer to be active for the destruction of the Law, is a most transcendent enormity; For as the difference between Caesar and Pompey was not who should reign, but who should live; So the Oxford party threatens to destroy the Parliament, and so to dry up the fountain of all our lawful Libertyes; the Parliament desires not to diminish his Majesty's just grandor, but to defend themselves and the Kingdom from violence and oppression; For what aim can a House of Commons have but the Common good?

But I leave that & bless 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 design but the Kingdoms happiness: I tell thee none so fit as such Laweyers to be elected; I do 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 offense, that an honest Lawyer is as a 22 s. piece: 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 & ability must always be preferred before a fing • e.

I would not so much advise as entreat my dear Countrymen that they would seriosly consider that the happiness of this Kingdom is principally wrapped up in good elections it being of as great public concernment for Countyes and Burroughs to choose worthy Patriots for Knights and Burgesses as the choice of a wife is for any man's private happiness, wherein once to err is to be undone perpetually. And therefore to be exceeding careful to choose men well principled, for truly if there be not the Anchor of sincerity a principle of grace above pure naturals it is a gre • t marvel if such men be not carried away with the wind & 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 public spirits that have been active and faithful in times of greatest danger; It is all the justice in the world that those which have suffered most for the Kingdom should be honored by the Kingdom: not to choose lookers on much less Malignants or Neutrals, which wise Solon could never endure, as judging them rotten-hearted to the State that lay only upon advantages to join with the stronger Party. Then Faith & Faithfulness being premised the more human learning, the greater parts, abillities & endowments in all other respects both mental and corporal, the better it must needs be without exception: because human learning is consecrated and appointed by God for public government; and certainly, he that undertakes so weighty a business with fear and trembling, and a Godly jealousy over his own heart and abillities, continually imploring Caelestiall assistance is the likeliest man to be instrumental for all our happiness; for truly to be a Parliament man requires a piercing judgment, and a deep foresight into public administrations, this I would only beg of my dear Country men that in doubtful cases when many may justly be elected, that they would always prefer him who in the constant course and tenor of his life hath given largest testimony of his love and affection to God and goodness; for truly Jesus Christ hath saved the Kingdom.

But if all Electors should not walk 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 denial He that in the sincerity & integrity of his heart desires to serve God by serving the Kingdom 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 die with comfort; as the wise Venetian that was not called to the Senate said, I rejoice that there are 500. abler men in the City then myself.

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 pains soever any man takes for his Country it is but cracking an hard shell, the kernel is his own, sweet content here, and perpetual mansions hereafter; As on the contrary Traitors to their Country, Subverters of Laws and Libertyes will be placed in the worst chambers in Hell before self-Murderers.

As for Reformation in Courts of Justice where anything is amiss, I protest it is my highest ambition, I aim it in my profession, there is an envious opinion which I would fain remove; that Lawyers are enemies 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 public justice. I hope we shall embrace with all alacrity 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 public employments, & high Places.

Take heed Gentlemen says the Italian, when a Jesuit comes to ask any question: for where great parts and little honesty concur, then Caveto be your Counselor.

And truly that word Sword men puts me in mind of our precious Armies, which no doubt are dear to the remembrance of every good man, as the most virtuous Lady to an enamored Suitor. It would be a very unrighteous thing, and me thinks blame worthy to forget their extraordinary labors of love, and to conclude a Law treatise, or indeed to write any book without an Honorable remembrance of them that have been so instrumental to maintain our Laws and happy Government; For I know no greater Argument to perseverance, next to an inward Principle of goodness, then that honest men are fully persuaded that a man is just and gracious; for a great engagement lies upon him to answer expectation. Greater love did never any Nation show, then the most honored Brethren of the Kingdom of Scotland to come in so freely to help the Lord against the mighty; the Lord recompense it, and all the good that they have done for us unto them, with all Spiritual and Temporal Benedictions.

What Laurels of honorable Prayses are due to the most Noble late Lord General 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 honor; many of our Centurions have done so gallantly that many Volumes cannot contain their just praises: therefore I entreat their pardon that I do not name any in particular least I should not pay them half their due, & so be thought to exclude the rest, dear Souls, they have marched many a mile to engage for us, therefore if I make a little digression to testify my honorable respect to them, it cannot be thought unreasonable.

Concerning our Noble General, whom I trust shall shortly have the Olive for his just Guerdion (for I hope we shall not long continue under the Malignant constellation of Mars & Saturn, as Crowes amongst Carcasses but every honest man shall live peaceably under the gracious influence of Jupiter & Venus ) for matters of millitary prowes & gallant valor; I need not say anymore but that he is the son of the Right Honorable the Lord Fairfax, and of the noble Daughter of the truly Noble Earl of Mulgrave.

And here Duty and Gratitude must make a parenthesis, I cannot mention this good Earl without an honorable remembrance in whom Greatness and Goodness keep their cohabitation: for having had the honor to advise his Lordship concerning his estate, I find a mine of wisdom in his noble mind; our late Sovereign King James rejoiced at his magnanimous comporting the loss of his three noble Sons: The Relation whereof deserves a whole volume, one saying was most remarkable: that Jesus Christ my Savior died without issue; how zealously affected his Lordship hath been for God and his Country since 88. I am sure all good men love and honor him for it; Indeed the Piety Humillity and chain of Graces in the noble Countess and the virtuous Ladies (wherein all their ambition is to excel one another) far exceed the most invaluable Diamons and Jewels, 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 Jesus Christ. This fully discovers the excellency of our Noble Generalls spirit, that deserving so much he will not take the least honor 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 enemies, and rejoices so far form as God makes him instrumental for the good of the Kingdom.

What an honor is it to command them who command themselves, and those whom the Angels rejoice to serve, and for an Army of Lions to be commanded by a Lyon, who is commanded by the Lyon of the Trybe of Judah what Anti-Christian Power can make resistance, when it pleases God to lead them by the hand, who hath promised to stand at the right hand of his servants, and will honor them that so unfeignedly out of right principles by true means and for glorious ends honor him.

I cannot but take notice that our Noble General is of Graies Inn, nor can I forbear a general remembrance of many precious gentlemen in the Army of the same society in whom the seeds of virtue have been sown even from their years of discretion.

I wish many Arms were taken down from our Hall windows, and these noble Gentlemen placed in their room, for as he that fights for the Law, wins an honorable esteem, of all good men, so they that oppose the Law ought by the Law of Arms to have their Coates removed, and just as I was writing, there comes news to me that there is one heavenly light more in Heaven, sweet Colonel 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 Crown of righteousness, and were it manly the sweat of my heart would blot my paper, and were it not that pure love cannot consist with much grief when the party beloved is made a Saint, and that his noble Brother carries all the graces and virtues by survivorship, they being joint tenets of them all, his loss should ever be green in my remembrance.

What actings of faith do we hear of for the taking of strong holds from the Enemies; that gallant Gentleman second in command (who fears nothing but to offend God) at the storm of Basing, being acted with the same spirit that the prophetical Psalmist was confident that God would enfeeble the hands and legs of Popery, and that their Idols 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 General question is still, what is the mind of Jesus 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 Zion be established in perfect beauty says one, when shall Jesus Christ be set gloriously upon his throne says another, God can save by one as by many says a third, lets do our work 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 took Bristol; no Iron bars can keep 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 sweet divine expressions that they are in heaven upon earth, abounding in that excellent grace of spiritual resignation in all the dispensations of divine providence, the hand of God is always good, and his time is ever the best; that I am even ravished at the apprehension of them, never having heard the like, unless it were in that most comfortable speech of that dear 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 labors, besides a most admirable spirit of love Commands as in chief throughout the Army, that I heard a gallant man say it were worth riding 5000. miles to behold it, but I shall turn my praises of them into prayers for them that not a hair 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 meet 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 coming 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 impress of Jesus Christ upon his soul.

If any man should vainly object that by reason of the novelty of some expressions, I seem to give a blow to the Laws. I answer that it is the ceremonial Law that I strike at and I can demonstrate to any intelligent man, that there 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 God's people in matter of worship.

This which I contend for, would be no alteration of the Law, but additional to it, for is it any alteration of the rule to lay it to the timber, must not the Phisique be applied to the diseases, why then ought not the Law which is the rule of Justice be always constrained to make good men honest and plain intentions, why not as well as in the Kings case I complain not of the Law, but of the encroachments made upon the Subjects previledge by Ministers of Justice, and that so universally, that in going to Law, he that speeds best buys Gold too dear. The reason of some proceedings being as obscure as Trades-man's mark past all discovery.

I admire and honor the wisdom of the Common Law, and I would have no man to judge it, or be wiser then it, but that must be understood of fundamental Laws, the alteration whereof as Sir Ed. Cook observes, introduces manifold inconveniences, as in that Statute of imprisoning men's 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 Books to be dealt withal, like the Common Prayer Book, which as happily lain aside like an old Caske, for its ill savor, but refined purged, and conformed to right reason speedy Justice, and consconable equity, let this expurgation be at the first dash of all matters Ecclesiastical and Bishops appurtenances, for what fear is there to expel the brats having banished the Father.

Another scruple I would humbly crave leave to speak unto, I hear it often objected that a Court must not make new Presidents, I marvel by what rule the first Chancellor made orders and decrees, or were there understandings so clearly illuminated in the dark times of Popery and profaneness, that it is impossible any further light should be discovered; besides, are not causes so various by reason of the continual multiplicity and vicissitude of human affairs, that as no man goes twice into the same water; or seldom are two causes without some different circumstances, have there not been more lamentable cases happened within these few years, matters of transcendent equity, and conscience then in many ages before, and must we always keep the same pace in foul way and weather as in fair?

Our Books tell us that the Rule of Chancery is equal and good, and if there have been 10000. decrees unless the present Judge, see the equity and goodness of them, certainly they ought not to be any rule for his conscience, can any man give right Judgment by another man's conscience, certainly that will be as dangerous to the body politique as the Popish implicit faith was to Christ's body mystical.

I confess former Judgments and decrees are good grounds of deliberation and serious consideration; but not of resolution to Judge accordingly, because it was so held formerly, unless 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 compass should the Judges steer the course of their proceedings, but by right reason, the force whereof is great, That an exact Rider governing with the bridle, which is universal Justice, all the world over, Reason being like the highest and lowest Honors, Universal where Tyranny makes no obstruction, as King James in his Starchamber speech tells the Judges that if they cannot make forth the reason of a Judgment or decree to an intelligent Scholar it was much to be suspected.

Besides Christian, Magistrates stand upon the vantage ground, having the great-summinary of sacred writ to sublinate the less luminary of Human prudence, for Divinity perfects and refines all mental endowments.

But then it will be said that by this means all things will be uncertain if one Judge or Chancellor shall cross their predecessors.

I answer, nothing less, for it is the greatest certainty and security imaginable to judge all things by right reason, when no Justicer will proceed further then he sees reason for it, enlightened by former presidents, but if otherwise, that Justicers shall be tied to proceed according to former presidents, without understanding the clear reason and conscience of them, then if the first president was erroneous (as who dare swear that it was not) we must be undone forever.

It is further Objected that in such cases the Parliament must be attended, and much I have heard spoken concerning Judges Oaths, 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 administered by Protestants, that any Judge, or Justicer should deliver his judgment, or make any blind decree until 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 be 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 fear of mistake, that every Judge must proceed according to his own judgment 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 find 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 between words and blows, there is no proportion, but I am doubtful whether in Conscience, a man ought to recover damages for scandalous words, when in truth, he is not damnified, but the thing I aim at is, that we want a Court Marshall or some Court of Honor to determine such difference, for many men care not what they say, if the words be not actionable, and a Gentleman may be called Devil, 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 known, therefore I forbear to mention them,) which being not actionable, the parties provoked fall to striking, to rescue their ravished honor, and so take the sword out of the hands of Justice, to the great dishonor of Government and many cunning fellows will purposely give such Curtish language to engage men to strike, and so to bring an action, and then the Law is defective in this, that he that is stricken may beat the striker outrageously, and yet may justify in his own defense, whereas between one blow and twenty there is no equality of reason.

But when a man is dishonored by words, Actionable, the Law is so tedious, men's spirits being inflamed and enraged during the suite, and hazardous, that a quiet spirit has little mind to sue, besides the judgment of reparation is left to i. e. men that understand common honesty, but are not sensible of honor and reputation with us, the very life and blood of a Gentleman and the sweetest flower in every man's Garden, therefore it is requisite that Justice in these cases might be 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 be adjudged to ask him forgiveness to unsay it publicly, and if he be damnified in his estate, to repair it, and his estate seized for the money, and himself imprisoned during his contempt, and to be esteemed of all honest men, a barbarous rude and uncivil person, unfit for civil company, and human society, for men that will not submit their action to be tried by Law (which is the Levell that all good men desire to walk by) and by Justice which is the chief of all the virtues (it being but just and reasonable that every man that wrongs another in any kind should make him satisfaction to his ability) are fitter to live amongst Bears and Tigers, then in a well governed Kingdom, and if this be not according to the mind of Jesus Christ, I shall retract it upon conviction.

ERRATA.

PAge, 10. line 5. for he • ing a, read heavy p. 15. l. 30. for his r. the others, p 16. r. precipitous, p. 19. r. Lovies case, 20. r. murderer, p. 23. l. 23. r. swear his discharge Sulfa terra, p. 26. r. Chancery. p. 43. l. 8. r. in abeiance p. 44. l. 17. r. Counts, p. 45. r. secunda, 48. Vergerus. falls, p. 49. r. nubeculam, p. 57. r Hosterie, 83. of land is happily, l. 29. r. this, 3 r. r. the p. 84. l. 3. r. so ls 27. r. that should be l • ke, 35. r. luminary, 36. r. sublimate the lesser, p. 87. for trial r. legal p. 88. l. 4. r. these sad distractions, l. 12. r. these, p. 71. for creditors, r. debtors, and read 11. Eliz. Cartwrights case Camb.