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A33728 A rod for the lawyers who are hereby declared to be the grand robbers & deceivers of the nation : greedily devouring yearely many millions of the peoples money : to which is added a word to the Parliament and a word to the Army / by William Cole, a lover of his countrey. Cole, William, fl. 1659. 1659 (1659) Wing C5039A; ESTC R29637 11,304 22

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corruption to vvork for children if men die vvhile their children are yong then they chuse some vvhom they expect vvil prove shepheards to preserve their children but if they prove Wolves where is the remedy if men be in a way of trade it 's probable they may have in goods twice or three times as much left in their hands as they are really worth these goods the Executors or Overseers may often have procured means to be appraised at half or one third of the value so accordingly they pay debts with a Plene Administavit these poor yong children or simple women think not of neither know not how to prevent it by this means let a man die that is worth 1000. l. and the Goods in his custody worth 3 or 4000. l. his Creditors may be cheated of the most part of their Debts and his Children left a burthen to the Parish O England England why dost thou professe thy self the most sincere Nation for Christianity on the Earth and dost suffer those things that the very Heathens have abhorred Object But if men were not Contentious they might speedi-and cheaply try any Suit at Law it is the fault of froward spirits that cause the great charge and delay and not the Law it self And it is just that the Law should be chargeable else every man would be at strife with his Neighbour when the charge were little Answ. It is true that injustice of one part or other is undisputably the cause of all difference for both the Plaintiff and Defendant cannot be in the right but were the Law made according to the mind of God for punishment of those that do evil and for encouragement of those that do well then it would be founded on principles of Justice indeed it would suppress strife contention and debate it would quickly put an end to all suits and Controversies it would not protect the contentious spirits nor nourish their divellish nature it would not suffer Might to overcome Right as usually it doth in these dayes it would not shelter great Landed men in prison in the Upper-bench and Fleet c. that have large real Estates which they spend voluptuously and riotously whilst their poor Creditors lie starving in nasty prisons This is Monstrum Horrendum an abomination that let what will be pretended for it is not tollerable under the Government of a right constituted Common-wealth how long soever it hath been continued under tyrannicall Monarchy But to sum up all in brief the Law in the generality is unjust and irrational the execution desperately dangerous and chargeable it is easier to find a thousand evils in it then one true principle in matter and form What if an Atturney or Councel take cunningly a bribe from an Adversary and make a compact with him to cheat his Clyent as it is too often practised and seldome discovered What if a Judge accept of a Bribe and by over-awing the Court carry a case against Law and right if he make it a president may it not be the ground to cheat many after it It is remarkable when neither the letter of the Law nor reason can carry a business then those that are subtil Counsellors and are highly fed for without that nothing can be expected usually produce presidents and these are imposed on the Jury for current Justice when probably the ground of them was bribery and baseness There is Law Reason or Equity in England to try end all Titles Debts and Trespasses depending by suits in all Courts or there is not If there be let the Parliament appoint a certain number of knowing men the most consciencious they can think of in several Cities Counties to make it their sole business in a limited time to hear and determine all old suits allowing them a moderate sallary by the pound to be paid by him that is found the offendor and let not things depend ad infinitum in Courts There may be as much injury suffered by the delay of Justice as by denial of Justice When all old suits are ended were there order taken in Hundreds and Cuunties to have all Lands Leases Mortgages registred and all those that should pretend any title to make their claim in such a limited time as in reason may be thought fit reserving some exceptions for some years for children men in forreign parts c. And when all old suits were ended all lands registred and none to be leased sold or morgaged unless registred in each respective Hundred within one Month after the contract it would take away the cause of most contention until the cause be taken away the effect will never cease Having often discoursed with Lawyers others about the delays burthen and uncertainty of tryals at Law I very seldom found any averse to Merchants Courts in regard that it is apparent the affairs and dealings of Merchants cannot properly be understood but by Merchants who know the mysterie of Trade which neither Judge Counsel nor Gentlemen that never were educated therein cannot possibly do for what a ridiculous thing is it that the Judges in Chancery must determine of Merchants Negotiations transacted in forreign parts which they understand no better then do their seats they sit on And so they are as capable to do equity therein as a blind man to shoot a Hare Now if Courts of Merchants are most nay I say absolutely necessary for deciding of controversies in commerce and the reason given for it is because they best understand it The same reason holds good that Countrey men Clothiers Weavers c are most competent Judges of Countrey affairs of those callings they live on and understand they better know the value of trespass that is committed by Cattel on Corn c. then do the Citizens that hardly know how Corn groweth Can the people of London or Masters of Chancery judg the equity of things acted in Cornwall or Wales better then the chief able men of the Neighborhood Now if England were so happy to have respective Hundred-Courts and no appeals to be made further then the Quarter-Sessions were these Courts rightly constituted and strict penalties to be inflicted on the receivers of bribes as cutting off their noses banishments or the like which is absolute necessary for a false Judg as both a thief murtherer where none of the Court the Register excepted should continue in power to judg but one year together where they should not be Mercenary where a man might speak his own cause or employ his friend whom he pleased to speak for him there would be then ground to expect Justice and Equity speedily there would not be neither rationally could lying sophistry or quibbles to pervert the understanding of the Court there being always time deliberately to hear the business and to examine the Witnesses when the matter was green and new Were it ordained that all Wills should be registred in each respective Hundred where the party had his abode or Trade
A ROD FOR THE LAWYERS Who are hereby declared to be the grand Robbers Deceivers of the Nation Greedily devouring yearely many Millions of the Peoples Money To which is added A Word to the PARLIAMENT AND A Word to the ARMY By William Cole A LOVER of his COUNTREY Isa. 10.1 2. Wo unto them that decree unrighteous Decrees and that write grievousness that they have prescribed to turn aside the needy from judgement and to take away the right from the poor of my people that Widows may be their prey and that they may rob the fatherless Isa. 3.14 The spoil of the poor is in your houses LONDON Printed for Giles Calvert at the Black-spread-Eagle near the West end of Pauls 1659 Courteous Reader HAd not my Affections to my Countrey-men more engaged me then any particular Enmity I have against the Lawyers corrupt interest by any damage I have sustained by them I should have forborn publishing these ensuing Lines But if the very Heathens could say Non solum nobis nati sumus We are not onely born for our selves but that next to the Duty we owe to God we are bound every individual man to be a helpful member to his Countrey Why should I or any man keep silence whilst this pestiferous Generation of the Lawyers runs from City to Countrey seeking whom they may devour It is thy duty as well as mine to cry aloud for justice against them It is thy duty and every honest English mans in the Land to take care hereafter never to chuse any of that Generation to make Laws for us I say not to chuse them for Parliament-men Were not there too many of them now in this present Parliament I should hope and expect far better things then now I do but now God is pulling down the High and Mighty is discovering the wickedness of men in Power hath most miraculously slain the glory of Princes I can with confidence say Deus dabit his quoque finem I do not altogether despair but that before I dye I may see the Inns of Courts or Deus of Thieves converted into Hospitals which were a rare piece of Justice that so as they formerly have immured those that robbed the poor of houses so they may at last preserve the poor themselves A ROD FOR THE LAWYERS THat the end of all Laws and Magistracy ought principally to tend to the ease safety and well-being of the people governed I presume no rational man or men will deny And indeed therefore it 's the usual cry and saying both amongst the Masters of Oppression the Lawyers the ignorant people that know no better That the Laws of England as also the ways of executing them are the safest and best in the World and whosoever shall alter the said Laws or ways of executing them wil unavoidably introduce a mischief instead of a benefit But to those is answered That the major part of the Laws made in this Nation are founded on principles of tyranny fallacy and oppression for the profit and benefit of those that made them For know this that when William the Bastard-Duke of Normandy undertook to conquer this Nation he was not singly himself able to raise money or men enough to perform such a Design without the voluntary conjunction of most of the Nobles and Gentry that were his Subjects who sold and morgaged almost all the Lands and Estates they had in Normandy to furnish them out in that design Now therefore when the said William had conquered this Nation he was enforced to suffer those his Norman Peers to share with him in the benefit as they voluntarily did in the hazard From hence it came to pass that he the said Conqueror and his Nobles made a division of the Land amongst themselves and whosoever were Tenants to the said Conquerors held all their Lands for a long space in vassalage under them meerly at their will and mercy whereupon all laws were made in French it was accounted a base thing in England to be called an English man Then did these Conquerors make such Laws as suited best to keep the people in slavery and subjection as the English now use the Irish that they might have all the benefit they possibly could screw out of the people Hence came it to pass that all penal Laws were made for the benefit of the King the Lords of Manors and other great Officers who were the Kings creatures this was and still is the ground and reason why the life of man which assuredly by the Law of Reason is sufficient to answer any crime was not alone taken away upon conviction of Treason Murther or Felony but also the Estates of offendors were forfeited by Law to the King or Lord of the Mannor which hath been the cause that many an innocent hath suffered as Naboth who was destroyed by Ahab that so he might enjoy his Vineyard These Laws were not before the Conquest neither have been since the Conquest ever introduced in Kent which County submitted to the said Duke of Normandy reserving to themselves their Laws and Rights and therefore it is the saying in Kent The Father to the bow and the Son to the plough And surely in that County is as little robbing murthering c. as in other Counties and therefore there is not such necessity for that Law as some Sophisters pretend to keep the people in dread and awe Neither indeed do I think there is such an absolute necessity for the hanging men for theft but as heretofore in the Nation there may be another way found out more agreeable to the Laws of God reason for punishing of theft as selling to forreign Plantations or the like c. But if at last the Law to hang Thieves must continue I wish it may take hold of the great ones first lest we renew the practice once in Athens where they hanged none but little thieves the great thieves pronounced sentence Verbum sat sapienti I am more afraid of those that rob by power of a Law then those that sneakingly endeavour to take my purse on the high-way Now although it may be alledged and truly that is all for by reason it cannot be proved that there is some reason for the forfeiting the Estates aforesaid yet at least let the party damnified be the Injoyer or the wife and children of the person murthered But why there should come forfeitures on ships cast away driven up to full Sea-mark to lose the best cable and anchor men to be carried away into slaverie taken at sea the ship remaining with her lading firm and sound to be forfeited to the Lord Admiral for a Deodand to be forfeited to say if a horse drown his master the horse to be forfeited and this to be pleaded for or many such Lawes to be grounded on reason is so ridiculous that I think the first and grand deceiver of mankind cannot find sophistry enough to furnish the Lawyers with to plead for it But