THE PRESENT STATE OF ENGLAND EXPRESSED IN THIS PARADOX Our Fathers were very rich with little And Wee poore with much Written by WALTER CARY LONDON Printed by R. Young for William Sheffard in Popes-head-Alley Anno Dom. 1626. THE PRESENT STATE OF ENGLAND WHereas I intended to shew the present state of England by the exposition of this Paradox yet would I haue none to thinke that I intend to meddle or speake of any matter of gouernment thereof Quia Iouem tangere periculosum but onely to expresse the manners and conditions of the people and to shew the difference of this present time and of that which was 60. yeares since when I was as it were but a springing Cima of sixteene yeares old Neyther will I therein vse any long discourse but with all possible breuitie deliuer onely this Pamphlet as a glasse wherein men of this present age may see their monstrous deformities or as a Theame for wiser wits to play vpon setting aside in effect whatsoeuer I shall write more than the words of the very Paradox it selfe for Verbum sapienti sat est The duty also which by the law of God and the law of Nature I owe vnto my natiue Soile and the great heart-sorrow I haue to see the follies misdemeanours and ill behauiour of many of this time hath moued mee now in my withered age to leaue these few lines as tokens of my loue with great hope that if the same perhaps shall come to the hands of our wise religious vertuous learned and most gracious Soueraigne King the blessed peace of England hee will thereby be put in minde Scabra haec nostra dolare that is to make these our rugged waies plaine The exposition of the Paradox AS in all others so in this Paradox the words carry a strange sense and seeme to import a meere contrariety and vntruth For according to the word how can it bee that one hauing little should be rich and another much should be poore Wherefore wee must seeke another and more secret meaning knowing that euery Paradox hath both an outward and inward sense The one as I may terme it superficicall the other essentiall the one left to the gazing of fools with admiration the other to the wise with deepe consideration The one to the eye and outward appearance onely the other to the inward sense and iudgement For my promised breuities sake omitting many I will speake only of three things with their appurtenances wherein our then wise Fathers did greatly differ from vs now fooles These three which haue turned things vpside down and strangely altered our estate are suits of law suits of apparell and drunkennesse which being well considered with matters subsequent it will appeare that these three foule staines in our faire common-wealth doe plainely lay open and proue the inward truth of my Paradox for to speake first in generall Our Fathers in apparell were very plaine drunkennesse was abhorred as it is a most base trade so vsed onely of the most base and some few of the very abiect sort They did not ambitiously striue to get that which they could not compasse to borrow that which they could not repay neither to contend for euerie trifle in law which at this day are causes of infinite suits but liuing quietly and neighbourly with that they had they were euer rich able to giue and lend freely But now on the contrary our rents being generally fiue times as much as our Fathers receiued for the same land the idle and senselesse expences of senselesse drunkards the outragious charge of suits in law the monstrous prodigality in apparell maketh vs seeming great and rich in outward shew to be full of care trouble euer needie and very beggarly For by these three meanes wee striue to seeme kings but contend indeed who shall be first beggars so that the old Prouerbe is in this age most truly verified Stultorum plena sunt omnia The world is full of fooles Now of these three particularly and first Of Drunkennesse THis most monstrous vice is thus defined Ebrietas est priuatio motus recti intellectus Drunkennesse is the priuation of orderly motion and vnderstanding This definition agreeth in part with that which Galen hath lib. 30. de locis affectis of naturall folly which is Stultitia est amissio intellectus Folly is the losse of vnderstanding and another saith it is absentia intellectus the absence or want of vnderstanding But I neede not stand much about the definition of drunkennesse or to shew what it is For with griefe I speake it the Tauernes Alehoufes and the verie streetes are so full of drunkards in all parts of this kingdome that by the sight of them it is better knowne what this detestable and odious vice is than by anie definition whatsoeuer God hath made all things for man hath made him ruler and gouernour ouer all which office that he may the better performe hee hath giuen him reason a most diuine thing and precious iewell to gouerne his actions whereby he farre excelleth all other creatures This is well compared to a Carpenters Rule for without a Rule the Carpenter can neuer orderly compose his worke but euery part will bee out of frame so these drunkards hauing expelled reason that most excellent rule are in farre worse case than bruite beasts for they haue neither reason nor nature to direct them but shew themselues either fooles or mad men as they are formerly defined I would to God they would consider how many murders haue been and daily are committed by drunkards so that some of them are killed and taken away in the middest of their wickednesse others hanged loosing lands and goods to the ouerthrow of their houses This sinne is in a word in it selfe damnable and the very path-way leading to all other wickednesse whatsoeuer Inter alia hoc me mirificè excruciat quòd Academiae nostrae morbo hoc pernicioso laborare dicuntur nam fontes si inficiantur riui omnes non nisi aquam putidam praebere poterint But still mindfull of my promised breuitie I will onely set downe notes as it were or short speeches of drunkards drunkennesse and so take my leaue of that wherewith I was neuer acquainted I reade of one brought vp from his infancy in a wildernesse at last comming to a citie and seeing a drunken man going vp downe the streets vse clamorous and outragious words farre from reason in his gate staggering and in all his actions foolish and rude asked what creature that was being so like in shape to a man and no man Another seeing one come drunke out of a Tauerne falling downe in the streete and vomiting vp in great abundance the wine with which hee had ouercharged his stomacke said Look look I will shew you a strange sight This man hath in this sort vomited many goodly Lordships and great treasure left him by his father and now he hath neither wealth nor wit but is a
Fleet to the Counters and like places where you shall finde many that in golden glittering brauery haue shined like the Sunne but now their patrimonies and all being spent and they in debt their Sun is eclipsed and they rest there in very miserable case be wailing their vaine and more than childish course of life and some of them call to minde how they haue heard that their fore-fathers on that liuing which they haue in lewd sort spent and disinherited their family of for euer liued bountifully quietly pleasantly and as I may truly say like Kings in their little kingdomes They seldome or neuer went to London they did not striue for greatnesse they did not long for their neighbours land neither sold of their owne but keeping good hospitalitie and plainely euer attired were very rich Well if the hat alone and in so short a time hath put England to that charge by change of fashion onely what hath Lawnes Cambrickes Silkes Sattins Veluets and the rest done and change of fashion in them I will deliuer you my opinion out of my loue to my Countrey and desire of reformation and leaue it to the correction of the wiser The money which is most superfluously bestowed in apparrell in this little Iland is thought able to maintaine a Nauy to command the sea-forces of all our neighbours bordering on the narrow seas of Spain of the Pirats all others in the mediterranean sea How far they further may shew their force in the sea leading to Constantinople I will not take vpon me to iudge Yet one other effect these Peacockes feathers in this guilded not golden age worketh The most part of the Gentry of this kingdome are so farre in the Vsurers bookes by their ouerreaching heads to climb to greatnesse and they and their wiues to exceed their neighbours in brauery and place that they liue in continuall care and like fishes in nets the more they striue to get out the faster they hang. I could bring manie sentences of the wise learned against these vaine peeuish childish thriftlesse and painted fooles as I did against drunkards but I will only tell you an old tale and so conclude this part A Kinght named Young a man of an excellent mother wit verie pleasant and full of delightfull and merry speech was commended to our late Soueraign Queen Elizabeth who caused him to be brought to her tooke great pleasure to talke with him and amongst other things she asked him how he liked a company of braue Ladies that were in her presence He answered as I like my siluer haired conies at home the cases are farre better than the bodies These our named Gallants are well compared to such conies and are deceiued much to thinke they better their reputation by their brauery for many euen ordinary Tailors in London are in their Silkes Sattins Veluets as well as they And in Italy euery base ordinary black-smith doth exceed on the Sabbath day and other holy daies or equall the brauest of them I wish them therefore to compare the sweet Country with the vnsauoury London wherein they are most resident which is the cause of great expence in brauery in gaming drinking resorting to plaies brothell houses and many other great follies and I dare say they shall finde more true pleasure in one yeare liuing like their fore-fathers in the Countrey than in twenty liuing in London Touching suits in Law HErein I must beare an euen hand and speake nothing that shall giue iust cause of offence yet verit as non culpanda In our law proceedings I finde in my simple iudgement euer subiect to the correction of the wiser sundry inconueniences The first is that although they haue in their law a Maxime De minimis non curat lex yet they admit euery trifling action for gaine euen of such poore clients also as haue scarcely bread to giue their children wherein oftentimes is more spent than thrice the value of that they striue for I heard of two men who fell at variance about an hiue of bees and went to law vntill he that had spent least had spent 500. li. I heard also of two brethren who contended in Chancery for a chaine of gold worth 60. li. The elder being Executor kept the chaine the yonguer had proofe that his father said often in his life time that the chaine should be his The suit proceeded vntill they had spent aboue an 100. li. And on a day being both at the Chancerie barre they touched one another and the elder brother desired to speak with the yonguer and said Brother you see how these men feed on vs and wee are as neere an end of our cause as when wee first began come and dine with mee and I will giue you the one halfe of the chaine and keep the other and so end this endlesse cause And I pray you let vs both make much of this wit so dearly bought Thus was this cause ended There was a Widow and a Gentleman that contended for a seate in the Church at the ciuill Law and this Gentleman talking of his suit for his seate protested that it had cost him so great a summe as that for the credit of these Courts I am loth to name One wondering thereat hee said it was most true and said further They haue spun mee at length like a twine thread and named the number of Courts he had beene twisted in and the strange number of chargeable commissions which passed between them Thus you see the old saying true If you goe to law for a nut the Lawyers will cracke it giue each of you halfe the shell and chop vp the kernell themselues There is a thing which long since happened in France very memorable touching the endlesse causes in the ciuill law A stranger hauing sold great store of Marchandise there and not paied entred suit against his debtors wherein he spent more than his debts came vnto and thereupon greatly perplexed especially seeing no likelihood of an end of his suits or obtaining his debts hee went to the King and said I haue a great complaint against one in your kingdome and I humbly desire you to heare mee patiently The King said tell me against whom I will very patiently and willingly heare thee My Lord said he it is against your selfe Against me said the King how so whatsoeuer it be speake it freely and feare nothing Whereupon the Merchant told him that he did suffer most intolerable costly and tedious courses in the proceedings of Law in his kingdome which is there onely the ciuill Law and such as I thinke will neuer haue end as long as the Clients haue money to giue the Lawyers and told him withall of all his proceedings Well said the wise King I will first see thee fully satisfied and then reforme this foule abuse And presently thereupon did take such excellent order for the quicke and iust end of causes that his subiects did name him Pater patriae and he
was so admired and so heartily loued of them as I thinke neuer King was before or since I could speake further of two citizens of London who fell out for the kicking of a dog and went so long to law vntill their bookes could not bee contained in two bufhell bagges This cause thus standing without shew of end our late gracious Soueraigne Queene Elizabeth caused to be arbitrated I could speak of many more like vain and trifling suits which as little springs first creepe out at the foot of an hill and by long running grow to be great riuers but these shall suffice Quia in infinitis instare infinitum I haue heard a very laudable order in Spaine There are appointed certain men called Iusticers which are dispersed ouer the whole kingdome euery one limited to certaine Parishes in which he hath authority to heare complaints of misdemeanours and trifling quarrels and to punish offenders eyther by fine whereof he hath part the King the rest or corporall punishment as hee seeth good and to end also causes for trifling debts and other matters being of no great moment whatsoeuer without suit Wheras in England there are an infinite number of suits tolerated for words for the least blow for cattell breaking into ground for trifling debts and such like so that if one haue but x.s. owing him nay v.s. or lesse he cannot haue it but by suit in law in some petty Court where it will cost 30. or 40. s. charge of suit But to end this Chapter I could wish that our Iustices by commission were authorised to sit in seuerall parts to which they dwell neerest and before any suit bee brought the plaintife should shew his cause of complaint and thereupon if it were for title of much land or matter of great moment he should be suffered to proceed in law but if otherwise they should determine it themselues or referre it to others as the persons and causes considered they thought good and likewise to punish misdemeanours which would breed great peace in this land and preuent the vtter vndoing of many A second inconuenience THis is the multiplicity of Atturnies at the common Law of Chancery vnder-clerks and many petty-foggers dwelling and dispersed ouer all this kingdome which may well be compared to such as stand with quaile-pipes euer calling the poore silly bird into the net I heard it credibly reported that few yeares since there were not aboue two or three Atturnies in the I le of Wight and not many more causes or suits in law but now there is said the reporter at the least 60. and many more suits in law The reason he added was this If any be angry with his neighbour he hath one of these ready and neer at hand to whom hee openeth his griefe who is also as ready presently to set him on for his owne gaine telling him his cause is cleere and he shall neuer wag his foote but hee will doe all for him and fetch his aduersary about well enough On the contrary the other hath one as ready to tell him how well hee will defend his cause So these two enter combat and when both are weary then neighbours end the cause and to that end for the most part come all suits of England How much better then were it at the first to commit causes to neighbours for no causes seldome haue so good end by law as by neighbours Iniquissima pax iustissimo bello anteferenda The third is motions made in the Courts especially in the Chancery THere are some Councellors who will in their motions report whatsoeuer their client telleth them be it true or false and these are well said to haue voces venales that is to bee such as that for mony you may haue them tell what tale you will These also abuse the Courts and cause diuers Orders to bee made by their false suggestions which make suits very tedious and more costly Insomuch that about Orders onely there is oftentimes more money and time spent than ought to bee about the whole substance of the cause The fourth THis is the great fees which Councellors take whereby the clients are much impouerished For they not looking into their consciences what they deserue or how hardly their client perhaps poore may spare it take all that comes and are like gulfes without bottome neuer full And further if you haue a day of triall or hearing and see your Councellor although he be absent and doe you no good yet he swalloweth your fee as good booty There is a remedy by law for excessiue fees as I haue heard but it taketh no good effect The fift THis is making long bills in the English Courts full of matter impertinent from the fulnesse of their malice to put the defendant to greater charge These men are often in like sort requited and beaten with their owne rods wherefore I compare them to one that will put out one of his owne eies to doe his enemy the like harme I wish that such a man may pay well for his folly to his enemy The sixt THis is especially in the English Courts also where the vnder-clerkes with their large margents with their great distance betweene their lines with protraction of words and with their many dashes and slashes put in places of words lay their greedinesse open to the whole world and I haue heard many say that they are as men voide of all conscience not caring how they get mony so they haue it and that with as good a conscience they may take a purse by the high way but not with so little danger and that is all the difference I did see an answer to a bill of 40. of their sheetes which coppied out was brought to 6. sheetes in which coppy there was very sufficient margent left and good difference between the lines Hereby euery man may see how infinitely by the abuse of petty-clerks the Court of Chancery swelling ready to burst with causes the Star-chamber and the rest the whole kingdome is robbed as it were For that coppy which should haue cost but 4. s. cost 4. nobles There was one presented our late worthy Lady and Queen Elizabeth with a peece of paper no bigger than a penny whereon was written the Pater noster the Creed and a praier for her Now I wish that all such Clerkes should be apprentices awhile to such a Scribe for so falling from one extreame to another they may bee brought to a meane But as for the higher Clerkes and officers they would faine haue this foule and vnconscionable fault amended because it maketh nothing for their profit The seuenth THis last that I will speake of but not the last yet least by many is touching Interrogatories and examinations of witnesses There are many that set downe vaine and friuolous Interrogatories nothing at all to the matter in question and thereupon cause many to bee examined whose testimony maketh nothing to any purpose neither is euer read or heard but onely causeth long tedious needlesse and costly books to the grieuance excessiue charge of the subiect Thus haue I as it were onely nominated seuen inconueniences to perswade men to peace and to end at home such quarrells as arise without great vexation of mind without great trouble of bodie in riding and running and without excessiue expences All which together with neglect of all businesse doe necessarily follow suits and controuersies in Law Ictus piscator dixit As for many others which are greater and whereof the last Parliament began to speak with intent to reform the same I will say nothing But these seuen motes I desire to bee picked out of their long gownes So haue I briefly without our new borne inke-pot termes deliuered to the view of the world my Paradox and exposition thereof with hope to perswade some of the wiser sort to auoid drunkennesse excesse in apparrell and controuersies in law with matters subsequent which are three of the most common costly and offensiue euils now raigning That by their example others may learne to liue a ciuill plaine quiet and contented life whereby seeming poore they shall be rich whereas others bestowing much in feasting and drunkennesse brauing it out with a glorious outside only and painted apparell liuing in controuersie and sparing no large fees or great bribes to ouercome their aduersaries seeme only to be rich but are indeed very beggarly Wherefore I conclude as I begun Our Fathers were rich with little and we beggars with much For wee vse our much ill and they vsed their little well FINIS