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A18093 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. Cary, Walter. 1626 (1626) STC 4734; ESTC S118633 10,283 24

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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