Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	justice_n	law_n	3,065	5	4.7299	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88875	The courts of justice corrected and amended. Or the corrupt lawyer untrust, lasht and quasht. Wherein the partiall judge, counsellour, great mover, whispering informer, favourite at the bar are fully displayed, convicted, and directed. By W.L. Esquire. Presented to the honourable House of Commons, and by them approved of.; Just lawyer his conscionable complaint against auricular or private informing and soliciting of judges.	Lambarde, William, 1536-1601.	1642 (1642)	Wing L86; Thomason E108_31; ESTC R22218	9,135	17

THE COVRTS OF IVSTICE Corrected and amended OR The Corrupt Lawyer untrust Lasht and quasht Wherein The Partiall Iudge Counsellour Great Mover whispering Informer Favourite at the Bar are fully displayed convicted and directed By W. L. Esquire COKE lib. 6. 47. Multa conceduntur per obliquum quae non conceduntur de directo Presented to the Honourable House of Commons and by Them approved of London printed for George Lindsey 1642. THE PVBLISHER TO THE PERVSER THe difference of mens dispositions and degrees as we may dayly note produceth different Effects as welin reproving vices in approving Vertues as on the contrary Every one expressing himselfe by Lips or Letters according to the suggestions of that good or evill spirit whereby he is induced or seduced This man being of a temperate and sober qualitie envies against Riotousnesse and Intemperance That man addicted to labour and thriftinesse accuseth our fashion-following Gentry of Sloth and Prodigalitie So in particular the Author of this Treatise spending his dayes in the study and practice of the Law wherein hee grew to such proficiencie alwayes directed by integritie as made him famous both for learning and honestie whose name neverthelesse for some causes I conceale many yeares sithence as one pathetically moved with the corrupt courses used and the excessive Bribery affected in those dayes by his Brethren learned in the Lawes especially the more eminent sort and the continuall condescending or proclivitie of the Judges not onely to their unjust motions but to the private and undue sollicitations of their owne Menials besides their Friends and Favourites at large and their partiall profering or hearing of some Heads before others at the Barre of Justice whereby many a Client in his just cause hath suffered wreck perished contrary to Law al equity good Conscience That black Swan or honest Lawyer spared sometime from his others studies to pen these Animadversions which albeit the same cannot extend nor may any way enure unto the least impeachment or contumely of our honorable Judges in these times who I ingenuously acknowledge and fame declares to be of a most reformed and unimpeachable condition yet may it serve as a Caveat and humble Information to the uprightnesse of them and their Successors for the preventing and avoiding of the like abuses to be offered by their friends of followers or by any such ill-conscienced Advocates whereof there are too too many I feare still abiding or new started up and also as a Memento for all men to note the plausible and happy alteration in Courts and courses of Justice the ancient with the modern proceedings duly compared And likewise all those Trespassers viewing as in a glasse their owne deformities or rather enormities herein so lively represented and publiquely declared may happily be incited either for feare of shame or for the gaine of an honest name to become conscionable Convertites And for my part with and in favour of every well-meaning and abused Client I wish all such Lawyers to be speedily converted or subverted and so conclude Editor Benevolus ad Causidicum iniquum Nec ●…e vulgantem reprehendas has neque charta Ne tua te vulget lingua malignareum Ad librum Te nolunt culpare boni bonitatis amore Te nolunt culpare mali formidine probri Animadversions upon Courts of Iustice ALl Lawes both divine humane all the Counsells of learned vertuous polititians do concur joyn in this point that it is the office of an upright Judge Investigare verum to trace out the very truth of the cause in Judgement before him 〈◊〉 secundum veritatem sententiam dicere and give sentence according to the truth So in doing that office he ought not to respect the person of any but altogether to set up for his marke the Cause with the circumstances thereof being assured that Qui●quide●tra causam est persona est And therefore the Embleme of a Judge was rightly pourtrayed with wide ears but without eyes at all to denote that he ought fully and patiently to heare the whole Cause but not affectionately to respect any party that hath to meddle therein Altera●uris Accusateris altern R●● est res●●vanda The purpose of a whisperious Informer ON the other side the very drift of a whispering Informer is either to allure the Judge from that Indifferencie which he ought equally to nourish between both parties in suit to a partiall disposition in favour of the one aganinst the other of them or otherwise to shore up the Judge as it were when he suspecteth his inclination to the adversarie In both which he bewrayeth an unreverend conceit and opinion of the Judge whom in the Court of his owne heart he hath already condemned of Infidelitie in the one because he suspecteth him to be drawne away to his disfavour in the other because he hopeth to winn and fit him to his owne bent and desire And Mur●● aheneus a wall of brasse whom neither the wind of secret sollicitation nor the storme of mighty threats nor the showre of Crocodillian teares ought once to remove shake or mollifie For if this Informer were rightly perswaded of the integritie of the Judge what necessity can he pretend to sollicite what reason can he yeeld why he should not permit them to sit downe and rest in his owne sinceritie Yea why should he endevour to move him for so they terme it unlesse he thought him to be light and movable or finally to what end doth he causelesly waste his own labour and vainely obtund the cares and interpell the Affaires of him How speciously soever therefore these our Cabinet Inchanters shall pretend in words either that they desire none other than Lawful favour a thing that is not indeed since Law is indifferent and favour partiall or that they seeke onely the good and equall conscience of the Iudge which they might find without labour or that they sue for expedition onely or that the Cause may be advisedly weighed both which in most of these cases were but to plague their owne Client Or that according to the anciently allowed manner of intreating a Judge they require no more at his hands but quot salva fide facere possit that which he may doe with the safety of his duty yet is there evermore an irreconcilable dissention between Justice and their desire who what semblance soever they make to the contrary doe indeed hawke and hunt the game o● favor to the endangering of their owne conscience and the wrong of the one of the parties and that both with the dishonour and deceit of the man that sitting in the place of God ought to deliver even and upright Justice to all that come before him And so are all their sacred speeches but Syrenean voyces the poyson of Aspes and the very quintessence of abuse and corruption The sorts of Informers BUt now more particularly As these Chambers be either the very parties in suit or their friends and those friends

of that undue favour these evils amongst others do ensue First by that ready lending of the eare to some onely or to them chiefly those only suits are expedited which these few selected persons do undertake and in the meane space all other causes are suspended albeit they have prioritie of time or other good reason of preferment the which unnecessarie or rather voluntarie delay is meere injustice since justice consisteth not only in the deliverie of right but also in affording the same with all agreeable and due expedition Secondly by making such choyse of a few Favourites other good Practitioners in the Law are discouraged to the great losse and griefe as well of them in their owne particular and of many toward Students that are thereby taught to seek favour more than to rest upon sound knowledge as also of as many Clients as doe repose themselves and their suits upon the fidelitie and good learning of those which seek not the influence of the like favourable aspect Thirdly the culling and cherishing of Favourites draweth the Favourer into suspition of corrupt partialitle especially if the Favoured be not of better gifts and ornaments by Art and Nature than other men as many of them are not found to be Fourthly godly and vertuous Practitioners will not use unlawfull meanes for the gaining of this favour the which without sinister practice is not alwayes vouchsafed and then belike the worst sort of men do endevour that way and then also are Causes for the most part put into the hands and mouths of such as be unworthy to touch them For it is no small furtherance to justice when Causes be managed by men of modestie Fifthly when these few do find that they shall be heard and others holden off they advance a Monopoly of practice in Law enhancing the market of Fees by delay of their Clients untill they will apply to serve their greedinesse So as the Noble or Ryall which within memorie was an usuall reward for a Counsellour is now risen to 4 l. 5 l. 20 Nobles or 10 pounds with some whereby also Suits are drawne out in length and do rebound to the blame of the Judge that is Causer and Continuer of these evils Sixthly what unbridled boldnesse or rather audacious petulancie accompanieth this unworthily-bestowed favour is daily seene by the demeanours of these speciall men at the Bar where they forget not only common civilitie to their Equals and Betters but also that regard to the Judge and Court which sober men are wont and bounden to answer Many of them also not forbearing to betray their owne Clients when after acquaintance with the inwards of their Causes and much money ●ilked from them they shame not for a little better pay to become Swart-rutters and to go into the Tents of the Enemy of which fault these latter yeares have yeelded too too many and the same most shamefull examples Seventhly as vertues so vices be chained together so as by the motion of one link the rest are stirred And therefore this unequall Selection draweth this further Invenience with it that the Favourite emboldened by this preheminence moveth further and taketh courage to sollicite the Judge at his house or chamber whereto if God suffer him to encline then receiveth hee just correction for the first favour so unwisely disposed by him Eighthly this gracing of a few especially at the Bars of English Courts bringeth forward such as have animam in lingua making them presume upon their vaine loquacitie and to make no account of substantiall learning And here againe Causes do lose the time which these men doe consume in idle and vagrant discourses digressing from the true points of the controversie Besides which the Judge himselfe is in perill to be inveigled and hawne out of the way Ninthly and lastly I may add that these men blessed with such favour in the eyes of the Iudge do at their departure and 〈◊〉 into their countries carrie the badge thereof in their faces bea●ing countenance and seeking credit above others where also they will do no lesse if not more harme than they are before charged to have committed here Now for the removing of this Malady you may use the rece●t following TAke an head-full of Discretion and choose out a convenient handfull of the freshest Flowers that do grow in the Garden of the Law within quarters of the Houses of Court Admit these only for practice at Westminster being first well tried and fanned from such dust and drosse as may either yet remaine a study or be meeter to keep their chambers for directing of Causes in Suits arguing of Cases in Demurrers or naming of Books of all sorts or to serve for Recorders in Cities or Townwikes incorporate or to supply to Stewardship of Leets or other rurall Courts Then draw those first forth againe thorow a fine strainer and according to their sundry gifts and growths sort them and apply them to each Bar and affected place at Westminster the heavie for the Kings Bench and Exchequer and the lighter for the English Courts Change and supply them as oft as need shall be hearing them alwayes in the meane time with good indifferencie and so as neither 〈◊〉 swell no others do shrink or faint And by Gods grace you shall soon perceive the griefe to depart Proba●um est FINIS

either favorites at large to the Judge are some of his owne Menials or followers or else be privy and of Councell with those parties So is there great difference in the venomous forces of their severall sollicitations The Partie FOr as touching the very parties they doe carry their owne discredit in their mouths with them and cannot greatly prevaile unlesse they bring the … gion of reward because they speake for themselves in a matter of professed and knowne enmi●ie And yet the Romane Lawes misliking all such audacious importunities did punish 〈…〉 both Actorem reum that by any subtle prayers attempted the Judge in his house or elswhere without the Court. See D. F. H. ad leg Iul. de Ambitu The Friend at large MOreover their favorites at large that be neither of Counsell not houshold as they have not for the meaner sort of them the opportunitie or advantage to worke any great harme so doe they also many times speake but coldly and as it were for fashion sake to satisfie the suit of their Clients who otherwise would thinke themselves forsaken by them Great Movers BUt if those Favorites be persons of estate whose desires cary their weight officers of great places who be able to interchange pleasures or men for any respect lodged in the bosome of the Judge then ought they so much the more to forbeare him as they be more likely then others to allure and winne him to their desire because they bring no warrant of a good conscience to assure them that they speake but for the one partie so know they but the one halfe of the businesse at the most and wot not whether they promote Justice or place Injury whether they succour the afflicted or joyne with the oppressor Neither is it enough in this case to pretend that they are moved by their commiseration towards the poore as know that many keepe for their defence for what is that to the Judge who is a Judge is utterly forbidden to behold the face of the poore Or what maketh that to their owne deliverance when many if not most of the poore which follow suits can both bite and whine ut vulgo dicitur and then a many of which there is nothing more unquiet clamorous and wretchedly wrongfull But of all the rest the Meniall and Counsellors are most pernitious and yet whether of them is more pestilent I cannot determine but due leave to the judgement of the Judge himselfe that is haunted with them The Menial THe Menial or Familiar if he may finde the grace be in the eye and to stand at the elbowe of his Master especially in the closet then shall he not want his Suitors and then also will he take the courage to boord his Master not onely in lawfull Pe●●●ions but also in Causes meerely Judiciall and by reason that he is neere at hand to take hold of every advantage and may best watch both the time the place and good cheare of his Lord and the absence of the Adversarie and of his friends he will make his gaine thereby both in jest and earnest though now and then he doe but Fumum vendere sell smoke and pay Alchymy for good and currant money for of these some will soone raise or abuse the name of their Masters as it were by way of a message to others where it may prevaile then take the paines to speake unto himselfe lest they discover a suspition that they were hired for mony By these such other meanes the innocent Judge like to Actaan becommeth praeda canibus devoured of his owne dogges who care not what dishonourable ●●ame they cast upon him whom they are most bounden to honour so as they may reape the harvest of their most greedy and ravenous 〈◊〉 For as these men commonly cannot judge of the State of a cause in controversie so neither do they greatly care whether that partie which they favor be right or wrong but doe onely fasten their eye upon the money which may be coyned out of it accounting that bootie as a reward of their good service where with they run away as glad as doth the dogge with a bone And in this part some of them be so miraculous Machiavellious that they are able to expresse two sundry liquors out of one same vessell making their owne profit by both the parties to one same suit and controversie The Counsellor THe Councellor like wise having first insinuated himselfe and become inward with the Judge by the benefit of kindred 〈◊〉 recommendations of great persons former education and acquaintance or by his owne obsequie he will forthwith set up his cr●st he shal be followed with a cloud of Clients and waged trebble more than men of better merit yea he shall be heard at the Barre when they shall be wearyed in warting there happy is he can get him retaind on his Councell and Fertunae filius omnes every man will call him fortunes owne darling and if he be of that abilitie that he can bring the Judge to be his fee-man or pensioner under colour of a yearly new-years gift or may sinde the meanes to possesse the Judge with the loane of some hundreds of pounds without taking any intrest therefore then shall he cote all other pra … ers then may no doore be kept against him then shall he be a Guest at the Judges table and shall be admitted private both in the Closet and also in the Bed-Chamber And yet in the meane time is that money so lent laid out to the most extreme usurie For all things reckoned it shall by his increase of Clients yeeld him a● the years end Centum pro Cent. or a better penny Now albeit this man may not compare with the Meniall before in taking the start and watching of all bon heurs and opportunities yet through his learning and other parts which the other wanteth he may nip a Cause in the head or sting it to the heart as soone as he It hath beene seene that some of these Bell-weathers perceiving their Clients businesse unable to endure the hammer of open hearing have advised him to bestow some score of pounds or slight of Angels upon the Judge to work it to some better end and offered themselves to present my Lord therewithall and yet peradventure have suffered it by the way to drop into their owne pockets for a reasonable Supply of fees forgotten Thus as you see is the Integritie of this gentle Judge drawne first into suspition and after that into open obloguies the one and the other growing by his owne facilitie and by giving care to those buzzing flies and hissing adders his good quiet and repose is also interrupted by often obtunding that in his privy Closet which hee might dispatch with once hearing in open Court the Cause of the honest Suitor must either take wrong or els must be also against his wil good Conscience besides his greater charge finde out some Oliver to withstand this Rowland

of his adversary These Cormorants are crammed even to the full-filling of their greedy gulfe the scale of Justice suffereth reproach The Judge himselfe is laid open to the danger of any stirring enemie that will sift or fanne him The Prince of the people being the well-head of Justice is abused in his vicarie good men sobbing for griefe and naughty packs laughing in their sleeves at it who also doe evermore requite such their misbegotting favour with this thankfulnesse that their tongues doe continually itch untill they have blabbed abroad all the manner and meanes of atchieving their injurious desires and corrupt Conquests The Remedie THe Remedie of all which evils is so easie that the same is not onely at hand but in the very hand and power of the Judge himselfe For if he be willing to maintaine the authoritie and countenance of his call he may Alto vult● with a lofty looke take it unkindely at the hands of his Better equall or inferiour friends blaming them with the touch of his Credit for their so unadvised tampering with him in matter of his iudiciall and sworne dutie Hee may also with one word of his mouth command his owne curres to couch and to cease their barking Hee may likewise send the Suitor to the Court and his Counsellour to the Barre and consequently rid himselfe and house of all this unquiet kennell and thereby redeeme many a good houre which he may bestow partly for his needfull recreation and partly in the studie and meditation of such matters as be serviceable for the place that he holdeth Objection But now if this Justicer will justifie himselfe and say that howsoever the way seeme to lend his outward care to those importunities the which it is hard in these last and worst dayes for any man to avoyd that meaneth not to be at difference or war with all the world yet notwithstanding his heart is upright and that he doth and will doe according to the exigencie of his oath and office Answer Let him also give me leave to say with the merry Poet Credat Iudaeus Ap●ll● non ego for as it is hardly credible that a●y castle which is continually battered should not be taking at length or that any woman which admitteth all whores should not apply to some one So can this man never excuse himselfe to the world-ward but that by such affabilitie and ready care he mini●●●eth just suspition of swerving from the Levell of true Justice and that he giveth passage that he playeth 〈…〉 being no small cause that himselfe is so vexed and mispendeth his time If he will reply and say that to ●ast of this Cause before the hearing avail●th no lesse to his in●tru●tion then to the speed of the service I will acknowledge it so as the same be done indifferently but how that may be performed without the presence of both the parties or of their Counsell faine would I learne For to place the one side alone were in a matter judiciall to be possest with prejudiciall conceit and to heare them suddenly were besides the losse of time but to be willingly abused since either side may at liberty offer what he will if the other be not present to confront him Nay the world that is now a dayes curious and sharp-sighted doth well enough perceive that evermore after such crafty suggestions so apprehended the 〈◊〉 keepeth not the alley but ●●yeth out by one ●ranke or other So as though the Cause in question taketh not a direct or downe-right blow by judgement in Court yet shall it by some obliquitie crawle away with the backe thereof broken whether it be by reasoning it to a private hearing by drawing it to a long and tedious prosecution by committing it to a partiall report by referring it to some unequall arbitrement or by one or other indire●t thwart that shall carry no l●sse injustice with it then if the judge himselfe were utterly corrupted and perverted Admonition to all sorts TO conclude therefore let everie good and true Friend 〈…〉 of the Judge if at the least they be desirous to maintaine the fame of his integritie hold it someere sacriledge and profanation of justice once to attempt him in the part of his jurisdiction which ought to be unto him a most chast and undefiled virgin Let them also look to them selves and not only weigh as I said with what good warrant of conscience they thus interpose themselves in a matter to them hardly halfe knowne but also remembring that it is forbidden maintenance by the Law of their Countrey to embrace a ●urie to sollicite a Iurour to fee a Counsellour or to give countenance at the Bar in another mans suit let them I say consider of what nature it is and what it deserveth to labour ply and wrest the Iudge Counsellours also must keep their proper station and containe themselves within the duties of their calling for they know that howsoever they represent the verie parties and ought to assist them yet that must be usque ad aras and they may not be feed against a known truth for the beating out whereof that it may be ripened for judgement they be used as necessarie and most lawfull instruments So far ost it is that they should abuse their learning wisdome eloquence and other gifts to the perverting of truth and subverting of right by seduction or corrupting of the Iudge that holdeth the beame of the Causes in Balance As for the Iudge himselfe let him not feare to lanch his boat into the deep where is Sea-roome sufficient and let him rest upon God whose image he is and stir up those Divines Talents which he hath received utterly forbearing to saile neere the Shallow and 〈◊〉 of this most dangerous Sollicitation So may his Prince joy in the choyce of him so may hee march on cheerfully maugre whatsoever enemie so may good men trust unto him in their calamitie as to an holy Anchor So shall not the wicked dare to approach his Court or presence Iustice shall conserve her due honour and upright judgement shall stand fast and unmoveable An Appendix with Objections against Favourites at the Bar of Iustice The just respects for which one Practiser at the Bar may be heard before another to my understanding are these two One in regard of the Client and another in respect of the Cause A motion in the behalfe of a poore person of a weak widow of a fatherlesse child or of a publike Servitour in a Common-wealth is in hearing to be preferred before the causes of such as be rich well assisted of discretion or private persons The Cause it selfe also may deserve preferment either in consideration of the prioritie of time that it hath in Court or for the imminent danger in which it may stand if it be not speedily heard But that any Counsellour should be heard before other in regard of his person alone without beholding the Cause or Client hardly may any sound reason be assigned And