repugnant to Gods command of not pittying the poor in Judgement because it is after Judgement in the nature of an equitable clemency to mitigate the severity of an introductive Lawe made and continued at the best for the hardnesse of mens hearts for by the Common Law it is not so Indeed the malignity of writs of Error consisted in this that rich men will scarce ever obey the Law when Judges have ordered reason P. 39. l 31. If there be any such Counsellors that sell their silence as well as their words take money not to be against them as the Indians are said to present the dâ—vil least he should hurt them Ne noâ—â—at that promise to be at 3 Bars at the same time ubiquitary Practisers as I hope there be none that purposely do soe let them think of the day of Judgement quando Iudicia erunt reversa post Iudicium Luther which will be a righteous Declaration without the least Error and tremble for fear least another day they should run about to the Courts of Radamanthus Eacus and Minos I cannot omit a story told us going to see the finest prison in the World at Pavia at the crossing of the Po Padus every mans horse leapt boldly into the Barke but one that would not by any meanes enter till at length a passenger whispered in the horses eares and in he came with courage the Ferry-man thinking it might stand him in great stead to know the words prevailed with the passenger to tell him which were these Sicome lanima de Cattivo Avocato va al casa del diavolo cosi va tu sopra questa barca As the Soule of a wicked Lawyer that cozens his Clients goeth to the house of the devill so leape thou into this Boat P. 43. l. 26. Yet I confesse there may be somtimes good use made of Law-subtilties and niceties to find out a starting hole for the poore and oppressed as the Phisicians make good use of poyson or sometimes to pay an old oppressor in his own coyne I confes I doe not hold a it Christian proverbe to deceive the deceiver because we must ever in bargaining doe good against evill yet peradventure a man that hath bin cozened without legall remedy may by some after subtilty make himselfe a saver and that justly the Spaniard saies to cuckold the Adulterer is but to get a Fox or wolfe into a trap however that be not righteous yet many times I observe the finger of God in the mistake of a word or syllable to helpe the oppressed P. 48. l. 27. For truly to be no more dextrous in administrations of justice now then formerly is for a man to be no wiser at 60. then at 30. for it is not in Courts as in our bodies that men are at their strength at 30. and then a staye and after a declination but a fountaine continually sending forth fresh and sweet waters of justice P. 54. l. 1. Would you have finer cloth then is made of English wooll no blessed be God there are enough that are Infra causam meriti But is there any way alwayes to be sure to have good Judges I know one and that 's infallible that the Lawyers be all of them good men for they are heires to judiciall places P. 55. l. 29. For truly to put a young Gentleman to study the Lawe without direction is to send a Bark without a steeres-man saile or anchor into an angry Sea Mr. Littleton being undoubtedly the most crabbed Author to begin with of any Science in the world plaine ground is ever best for young excercisers P. 50. l. 4. Truly It did me good to heare in a Kentish Case the last Terme where the question was upon a tryall about passing an inheritance without the word heires now the reverend Judges declared the Lawe according to the intent of the parties in purusance of the consideration which is the meritorious cause of every Contract Page 69. Tacitus said of usury quod in Civitate nostra semper vetabitur semper retinebitur obduritiem cordis Page 75. l. 20. After Tyrant read but I am utterly against their practising before the right honourable Lords for though the Judicatories and priviledges be distinct to many purposes yet as to the Grand Concernments of state it is rightly stiled the High Court not Courts of Parliaments which being the two eyes of the Body politique can no more look severall wayes then a man can with one eye looke up and downe with the other and then if any matter which hath bin dijudicaced in one of the honourabâ—e Houses should humbly be â—resented to the other how can it be avoyded but that the same person would be both Judge and Counsell which I conceive to bee a stronger case then my Lo. Dyers that a man cannot be Judge of the Kings Bench and Common pleas for so he might reverse his owne Judgements and that was the reason that if a Parson had bin made a Bishop it had bin an avoydance by reason of subordination certainly for a man to bee Judge in one Court and a practiser in another is a great Error in politiques and I am sure not permitted in any other Christian Kingdome Page 77. l. 12. Good Countrymen bee for ever exceeding carefull in all your Elections let no subtill crafty Malignant for feare or favour procure himselfe to be Elected to disturbe our blessed Counsells If a pure Virgin should cry out and crave your helpe would you not sly to her assistance truly Justice is an immaculate Virgin and craves your helpe to send Religious just and sweet spirited men to keepe the fountaine pure or else no marvaile if the streames of Justice be polluted Page 38. For he makes more motions in a Tearme then another in a yeare as the famous Florentin Sculptor Donatello being desired by the Consuls to make a statue askt 50. l. for it they thinking it too much imployed an ordinary artificer who askt 100. l. for it they being angry referred the price to Donatello who awarded him 80. l. saying I could have made it in a Moneth but the other was three Moneths about it Page 6. And so I have seene a Petion in the behalfe of the poore Cloth-workers full of sad complaints If those many poore soules might have Justice at a cheape rate and speedily against the transgressors of many excellent statuts how could it revive their drooping spirits but let all honest hearts chere up I doubt not but we shall have speedy Iustice the wages of the servant recovered before morning Libertie written upon every Mans doore Christian Lawes in all points establishd free trade for the glory of the Nations and all Monopolies banisht for ever Lastly But the ancient Maximes of the Common Law are in many cases manifestly deluded for contrary to the Statute of 4. H. 4. after Judgements in Ejectments new actions are brought verdit against verdit Judgement against Judgement without Attaint or Error as in the case of the Kentish custome of devising to use the word of the Lord Chancellor ELLESMEre suits for one and the same cause are caried from Court to Court as power and might of the parties or favour and affection of the Judge oâ— corruption of the Officers or subordination and perjurie of witnesses or such like shiâ—ts and trickes as can best accommodate the businesse but blessed bee God never such worthy Judges as now the Lord be with them in all their Jugdements and increase the numbâ—r of Religious and faithfull Judges for this Kingdomes happinesse Because there is some oppinion printed that the Equity or Iniquity of a Jugdement ought not to be questioned in Chancery I think fit to subjoyne the Lord Egertons words some that take pleasure ludere in verbis dormitare in sensibus and so dispute de apicibus juris aequi boni ratione praetermissa and professe learning pueritia literali non Intelligentia spirituali have prest and strained the statute of 4. H. 4.23 not onâ—y against the Popes usurped Authority but the Chancery thereby opposing the King against himselfe who is equally present in all his Courts and what need had the Lords and Commons to ingage themselves to stand with â—he Crowne against the Chancery oh that his Majesty would yet at the length forsaking aâ—l destructive ways ingage himselfe with his Noble Lords and Commons against all Antichristian power sinne and profanenesse grounding their conceit upon the words or else where which was at Anignon where the Pope resided aswell as at Rome and so I hope I have fully satisfied my Antagonist Antinomist to whom I wish well in Christ Jesus FINIS ERRATA PAge 10. line 5. for heaâ—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. sweare 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 lâ—ke 35. r. luminary 36. r. sublimate the lesser p. 87. for tryall r. legall 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.
pleaded and all the proceedings in their owne language and that the subject should choose his owne Counsell till which none had Advocates but by the Kings leave h Per conge du Roy. Iurisconsultus potius respicit scripta patronis verba ad barram jurisprudens rem Aucupes syllabarum togatos vultures qui canina facundia callide exercent causas qui carebat sillaba perdid t patrimonium As one man cannot have his right because the judgment is entred concessum consideratum est another because consideratum or some other word is not rightly spelled Isay 29 21. Obvnum punctum perdit Martinus asellum There were in Rome Some Jurisconsulti inferiour to the Patron Advocates which only studied a Cabalasticall unknowne formulary of words in notes and Cifers which would picke a quarrell in every pleading brought unto them Cicero called them hunters for sillables 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 Asse was white lost the wager because his Advocate found one blacke haire 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 rubbe in the Alley of Justice sent for him and told him that he owed his Baker 1000. Crownes 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 yeares And if his Councell were not extraordinary subtill he should get nothing at the last what saies the Duke is this sufferable doe not I acknowledge the debt to be just whereupon he caused him how justly I determine not to be executed and excoriated but the streame of our Law runs in a purer Channell It hath beene the great wisdome of severall Parliaments to remedy defects in pleadings and I doubt not but in its due time it wil be taken into mature consideration to ripen causes for speedy tryall it being quicke Justice cures the lingring comsumption of a State I doubt not but England shall flourish with Religion and Justice these two noble Virgins shall bee set upon the Throne hand in hand in perpetuall Concord I cannot but observe the neerenesse betweene Westminster-Hall and the Abbey and this godly exercise every morning a Sermon calculated directly for Lawyers and Clients speakes out that Piety and Justice Maugre all Antichristan opposition shall be married together with an indissoluble conjunction but precipitions and rash justice must carefully bee avoyded as a dangerous pest as that of Pison Sen de ira lib. 1. cap 16. who condemned one for a supposed murder of I. G. and his necke being on the blocke the Conspirator that had plotted it being there disguised said hold I am the man who was supposed to bee 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 hee 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 Turkes mindes that so the difference be ended it matters not much whether right be done or wrong because a peace is made without expence of time or Coyne but all differences betweene 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 legall proceedings be too circular and tedious I desire leave to speake to this question whereof neither Clients nor Councell 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 Harbour 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 storme at Sea but truly I speak it knowingly and to the honour of our great practisers that they do for their 10 s. give good and faithfull 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 passe 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 Counsell and Clients which I cannot but mention for their honour because beyond sea the Judge will give no reason of his judgment and the Sentence is past in private that so Judges may not incurre the dangerous displeasure of the Client whereas justice with us is publikely pronounced in the gates of our City But do not Writs of Errour immortalize suits One sayes that those wooden Angels which support Westminster Hall are made of Irish oake that no Spider of errour should hang upon them Another sayes that in reason the errour should be assigned before the Record be removed because for the most part the common errour is only assigned but this string must bee 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 dayes of grace to provide the money whereas our proceedings are so speedy that the party may be taken in Execution the same day the judgement 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 my selfe I must premise two things as undeniable verities First that no politique Law ought to contradict the Law of God because only those may marre that can make and Princes having no hand in the making of Gods Laws therefore may not dispense with them Secondly No humane Law ought to live any longer then the reason of it continues for reason is the souâ—e of all humane Lawes without exception and therefore in ancient Kingdomes and States many politique Lawes wlll be fubject to alteration Our Ancestours certainly were great husbands to make it death to steal a sheep or a Pig worth above 12 d. though it be to satisfie hunger for which by the strict rule of Law he ought to dye And so it is if any ready to starve shall take a loafe of bread from a Baker Lex moralis est vivens judicialis mortua solumin equitate ceremonialis mortifera which certainly
Judges were to heare 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 anothers once he answered that is all one as if one man at a Feast should devoure 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 betweene the Ordinary and the Clerke should make none betweene the Judge and the Counsell 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 welfarâ— of the peoples soules Now certainly the reverend Judges and the Practisers ought to minde the same thing and ayme at the same marke which is the White of Justice The Judge in executing justice the Counsell in requiring justice for the Law is declared and executed upon the request of the Lawyer if any bee otherwise minded that cares not for justice further then he may get applause and practise he deserves not the name of a Counsellour But as the Profession is no honour to him so let not him be any dishonour to the Profession a concealer or a worse name if you please better befâ—ts him But why then may not the reverend Judges bee said as it were to be Fathers of the Counsellors who may not bestow all their favours upon one child though never so vertues 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 childe be long without victualls 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 lesse worke for Lawyers the sounder is the Body-politique yet for the present some having no other subsistence but their bare practise which have continued faithfull certainly it wou'd tend much to the honour of the reverend Judges and Justices to deale their favours as equally amongst us all as possibly may bee I cannot but smile many times to see a company of hypocrites as wee are stirring up and downe in our Gownes making men believe that we are full of employment and so we are indeed in a perpetuall 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 favourites yes the worthy Parliament they are the Kingdoms favourites very fit they be first heard every way encouraged that so publike busines may not be hindered and truly their ingenuous Candor is much to be praised in this particular which bespeakes them not only excellent Lawyers but excellent humanists Secondly The Lawes favourites 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 Counsell bee retained to move them before matters of property I allow also Judges fauourites for favour many times gives a quickning spirit to the Law There was a Prerogative of primogeniture a double portion belonging to the eldest sonne by the Law of God by the equity whereof a Judge may a low a double portion of time to whom hee pleases the best men that ever lived have had their favourites for affection flowes uncompelled Bacon observes that a man shall seldome see three at play but he shall wish better successe to one of them then the other though all strangers to him and I beleeve scarse a father or mother that have a numerous progeny but love some one childe 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 equall practise I esteem parts and abilities wheresoever I finde them let the stronger practiser get three foure or five times as much as the weaker but this I aime at that one should not fâ—ast and two fast according to that most excellent saying When poore men enjoy necessaries then let the rich enjoy superfluities for in every Christian society one mans superfluities must give way to anothers conveniencies his conveniencies to anothers necessities his lesser necessities to anothers extreame necessities But it is alleadged for the great Monopolists Impropriatours of practise Funditus exterpra monopolus nomopolas 3. instit 183. that they best understand the course of the Court which makes the Law we say in our books that a common errour 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 judgement of the Court hath been in that particular but Law is reason adjudged in a Court of Record where reason is the kinde and judgement the difference that distinguishes it from legall 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 stocke of Law and reason it is very strange if he should not be able to tell his Clients cause in plaine expressions Justice is an intemerate Virgin that does not love to be too much courted it may be a question whether artificiall and forced objections do not many times hinder and obscure the glory of noble Lady Justice Ignorantia legis non excusat as blew bottles many times hide and hurt the precious Corne or why should the Law and equity bee 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 practise he that will first learne to be a good Pilot must goe to Sea upon calme waters but shall not every man choose his owne Lawyer what else but who are retained but they that can soonest be heard who has bin observed to get most money when Queene Iustice goes her progresse what Counsell doth the Client enquire after Sâ—ctam ad nolendinum to whom do the Attorneys and Solicitors make suit I say but this as it would bee the honour of the Court to have the businesse passe through many hands that every man might labour in the Vineyard so it is no hard matter to disperse and distribute the practise with more equality as before is hinted This I affirme confidently that a Judge is obliged in point of honour at the least if not in point of Iustice to give all incouragement to heare him first that has the fewest motions nothing more just then to leave the Client at liberty but if
honour shall conferre honour upon them why should this be said an honouring of the whore I looke upon humility as an Vsher of honour and hope that every Iudge shall at the least hold by Barony the place and office being full of state and Majestie for if the habit of a Iudge be vocall and strikes a terror into the wicked and incourages 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 honour 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. Greene of Lincolnes-Inne suffer Martiredome for it in Queene Maries daies And with what Christian Courage did our vvorthy and learned Brethren Mr. Sherfield and Mr. Pryn oppose the superstitious and Court vanities and the pride of the Bishops the latter resisting unto bloud never to be forgotten and standing valiantly for our Lawes by which wee enjoy all that wee 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 Faelix est cujus prosperitas est calcar pietati argentum bonum est non unde sis bonus sed facias bonum great estates lawfully acquired doe not exclude any man from hapinesse only make the way more craggy for riches in our Saviours time were like Thornes and I think they are much of the same nature I confesse I doubt our great practisers finde one maine inconvenience that they have scarce time enough to keep grace alive in the Soule by prayer meditation and holy Conference Spirituall Zeale which is the seale of the Spirit being often quenched if not lost in the throng and Croud of overmuch temporal imployments which made them heretofore give advise upon the Lords 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 wisdome being required to walke in high places As heavenly Doctor Sibbâ— would often say unto me study the Law but practise Divinity he that advises or studies before himselfe hath beene 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 Non est studium sed studiosa vanitas Optima lex vetat peccatum finding how infinitely and immeasurably the Advocates and Marchants 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 publike good whereby no man should ever bee guilty of Coveting more because hee might not keep it I confes it is a very sad consideration to see how most men abuse their Callings the end whâ—reof is to serve God by serving men he that imployes his talent only to get honours profits and pleasures profanes his calling living to another end then God hath appointed him T is true every man must labour in his calling to maintaine his Family but that is not the maine scope and end of our lives the true end of life is to doe service to God in serving men in our severall stations And for a recompence of this service God blesses mens honest travailes and allowes them to take moderately for their labours according to the judgment of godly men but I see it is a very hard thing to finde a man that labours in his cal ing in love to Gods glory and his brethrens good Therefore a Writ which we have in Law will lye against many men another day Contra formam â—â—llationis N. B. Accipe dum delet but I know no calling makes more for the happy state of the kingdome then the Law and I am confident no profession so generous as ours in matter of recompence the Minister wilbâ— at a certainty for his Tithes and the Physitian will take whilst it akes though I would intreat our honest Doctors to consider that for a poore sicke man to give 10. s. for a Visit may bee more grievous to him then the disease it selfe I honour many of them for their worth sweetnesse you cannot take what and where you list upon credit onely you come into our studies put your Case leave your writings come as often as you please and if you leave nothing wee scorne to aske you whereas beyond Sea you cannot peepe into an Advocates study but hee cryes give give and if the Cause goe for his Client then he hath his Palmary Fee Feodum Parlâ—â—â—rium in token of Victory which I could wish were in use with us for he that gaines the cause may better afford to give 40. s. then the looser 10. s. Concerning our pleadings This I say that truth is the vertue of pleading and certainety is the beauty and grace of pâ—eading and I know no difference betweene putting a Case and pleading it but as Logicke and Rhetoricke the samething mere largely expressed yet I must agree that our pleadings are something difficult and hazardous Palma pro pugnâ— and therefore may it be called a Case at Common Law for the casualty of the successe Casus a Casu but a cause in Chancery for the cleerenesse of the matter Civilians challenge us for not admitting doubâ—e pleas saying wee force a man to fight and tye one hand behinde him as if an Infant Seale an obligation by dures he cannot take advantage both of Infancy and dutes by reason of duplicity least the Jury should bee too much incumbred which if the most intelligent Free-holders were alwayes impanelled might peradventure satisfie that scruple when Knights and Esquiors and the most Intelligent Gentlemen were Jurors the Kingdome was happy in this manner of tryall I wish it were reduced to the primitive practise or that every County might elect substantiall Jurors who in reason ought to have a competent allowance for their paines to serve annually for all matters As in Alderman Langham and Collonell Waltons cases for though our Reverend Judges doe their best leading the Jury by the eye and not by the Noses giving them all possible light in doubtfull matters yet it is commonly reported that very strong Verdicts have past And for our Colours in Writts of Assize and trespasse and plurality of Essoines in reall actions which are well remedied by tryalls in Ejectments yet remaine difficult for the Client where entryes are not congeable And some complaine that our proceedings are not in our Mother tongue a politicke Law left to the wisdome of Parliament as the Lawes of France were in Latine untill the time of Francis the first who for a summe of money consâ—nted to have them written
his sweet spirit we are to love him and exalt him with our most studious praises and truly I hope the time is comming 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 impresse of Iesus Christ upon his soule If any man should vainly object that by reason of the novelty of some expressions I seeme to give a blow to the Laws I answere that it is the ceremoniall 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 Gods people in matter of worship This which I contend for would be no alteration of the Law but additionall to it for is it any alteration of the rule to lay it to the timber must not the Phisique be applyed to the diseases why then ought not the Law which is the rule of Iustice be alwayes constrained to make good men honest and plaine intentions why not as well as in the Kings case I complaine not of the Law but of the incroachments made upon the Subjects previledge by Ministers of Justice and that so universally that in going to Law he that speeds best buyes Gold too deare The reason of some proceedings being as obscure as Trades-mans marke past all discovery I admire and honour the wisdome of the Common Law and I would have no man to judge it or be wiser then it but that must be understood of fundamentall Lawes the alteration whereof as Sir Ed. Cooke observes introduces manifold inconveniences as in that Statute of imprisoning mens 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 Bookes to be dealt withall like the Common Prayer Booke which as happily laine aside like an old Caske for its ill savour but refined purged and conformed to right reason speedy Justice and consconable equity let this expurgation be at the first dash of all matters Ecclesiasticall and Bishops appurtenances for what feare is there to expell the brats having banisht the Father Another scruple I would humbly crave leave to speake unto I heare it often objected that a Court must not make new Presidents I marvaile by what rule the first Chancellor made orders and decrees or were there understandings so cleerely illuminated in the darke times of Popery and prophanenesse that it is impossible any further light should be discovered besides are not causes so various by reason of the continuall multiplicity and vicissitude of humane affaires that as no man goes twice into the same water or seldome are two causes without some different circumstances have there not bin more lamentable cases happened within these few yeares matters of transcendent equitie and conscience then in many ages before and must wee alwayes keepe the same pace in foule way and weather as in faire Our Bookes tell us that the Rule of Chancery is equall and good and if there have bin 10000. decrees unlesse the present Iudge see the equitie and goodnesse of them certainly they ought not to be any rule for his conscience can any man give right Iudgement by another mans conscience certainly that will be as dangerous to the body politique as the Popish implicite faith was to Christs body misticall I confesse former Iudgements and decrees are good grounds of deliberation and serious consideration but not of resolution to Iudge accordingly because it was so held formerly unlesse 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 compasse should the Iudges steere the course of their proceedings but by right reason the force whereof is great That an exact Rider governing with the bridle which is universall Iustice all the world over Reason being like the highest and lowest Honors Vniversall where Tyranny makes no obstruction as King Iames in his Starchamber speech tells the Iudges that if they cannot make forth the reason of a Iudgement or decree to an intelligent Scholler it was much to be suspected Besides Christian Majestrates stand upon the vantage ground having the great-summinary of sacred writ to sublinate the lesse luminary of Humane prudence for Divinity perfects and refines all mentall endowments But then it will be said that by this meanes all things will be uncertaine if one Judge or Chancellour shall crosse their predecessors I answer nothing lesse for it is the greatest certainty and security imaginable to judge all things by right reason when no Justicer will proceed further then hee sees reason for it enlightned by former presidents but if otherwise that Justicers shall be tyed to proceed according to former presidents without understanding the cleare reason and conscience of them then if the first president was erroneous as who dare sweare that it was not we must bee undone for ever It is further Objected that in such cases the Parliament must be attended and much I have heard spoken concerning Judges Oathes 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 administred by Protestants that any Judge or Justicer should deliver his judgment or make any blinde decree untill 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 bee 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 feare of mistake that every Judge must proceed according to his owne judgement 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 finde 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 betweene words and blows there is no proportion but I am doubtfull whether in Conscience a man ought to recover damages for scandalous words when in truth hee is not damnified but the thing I ayme at is that wee want a Court Marshall or some Court