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judgement_n court_n plaintiff_n writ_n 2,641 5 9.3534 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A43173 Proteus redivivus, or, The art of wheedling or insinuation obtain'd by general conversation and extracted from the several humours, inclinations, and passions of both sexes, respecting their several ages, and suiting each profession or occupation / collected and methodized by the author of the first part of the English rogue. Head, Richard, 1637?-1686? 1675 (1675) Wing H1272; ESTC R13684 160,760 370

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in the world and when they walk to carry their eyes and noses directly before them not daring to turn their weighty noddles on either side for fear of forfeiting their Gravity There are another brood of men who start from the Desk and snatch up a Gown and having first in their infancy been swadled and nursed up in rags of paper are at riper years somtimes out of Poverty put Clerks to Attorneys from whence without the least taste of University-Learning they advance swell'd with Presumption and full of ignorance and impudence to the Barr profit and lucre then becomes the only subject of their conversation Gain gives motion to all their actions ' and that also is the end of all their Arguments whilst Reason and Honesty are oft made Factors to their avarice if ever you have occasions that force you to make use of these Persons or to seek any favour from them they expect from you the greatest attendance and submissions but where money is to be gotten they on the contrary will be as base and servile in their flatteries how repugnant soe're this is you must dispose your self if you intend as well as they to act the Wheedle advantageously and when your thoughts are at strife about it call it a submission to necessity and occasion Vide L' Art du Complair elegantly translated and called The Art of Complaisance Lord one would wonder some of these Upstarts should so strut it in Gown and other Finery since their ancient beginning was but a blew Coat and as I have been told the Wearers thereof stood at the Hall-Gate as Plying Water-men at the Stairs And as the one cries to London-hay the other cry'd seeing any approach D' ye want a Pleader d' ye want a Pleader My young Attorney newly hatcht under a Lawyer and whilst but pen-feather'd nests for himself and either practices in anothers name for half-fees which he makes whole by acting too as a Sollicitor or else by the hoorded pence of an indulgent Mother purchases an Office two Desks and a quire of paper with a pint of Ink and an hundred of Quills and a Pen-Knife true set set him up his Office shall be lined with green and the wood adorned with Taffarels and carved work his shelves fill'd with paper and parchment and a Practice of Piety lies not more certainly in a Brothel as The Statutes at large or some Folio Law-book in his window These in time purchase him an App●entice or two with a considerable sum and his success in two or three common Causes proclaim him an able Attorney this procures him Clients more then he can mind and they produce him money more then he knows well what to do with and having gotten a wife with a good estate minds the Tavern more than the Court. Some of them have the smatch of a Scholar and yet use Latin very hardly and lest it should accuse them cut it off in the midst and will not let it speak out and fearing that his Hand-Writing should prove Traitor to his actions it is as difficult to be understood as his countenance which always looks sollicitous unless disordered by some liberal Treat it matters not at whose cost whether Plaintiff or Defendant so that it brings in Grist to the Mill and benefit from both sides I say to amuse the ignorant his looks seem careful importing much hast and dispatch whilst he only waits for an Habeas Corpus to delay the Suit for three Tearms and that he may not be suspected as idle or little employed he is never to be seen without his Hands full of business that is of paper to illustrate what I have said I must not omit the insertion of this Example B was Arrested at the suit of A B advised with an Attorney what to do not having Bail he replied Give me my Fee and I 'le appear for you and save you the trouble of Bail The Tearm following a Declaration is Filed against the Defendant who thereupon consults his Attorney and he cries nothing but Give me my Fee and I 'le defend it He delays the Suit till next Tearm at which time he must plead and then calls on his Client for money to that end and purpose besides his own Fee afresh the Assize coming on the Cause proceeds to Aniall then cries the Attorney again Give me my Fees for Counsel and charge of the Court and I 'le defend it At the Trial a Verdict passeth for the Plaintiff Oh! What must be done now cries the Defendant Then says the Attorney The Declaration is nought I 'le move the Court this next Tearm in Arrest of Judgment The Motion being made the Court confirms Judgment And Execution thereupon is coming out What shall we do now cries the Defendant We are lost undone quite undone Not so yet cries the Attorney Give me my Fee and I 'le bring a Writ of Errour and keep off Execution two or three Tearms But now observe the Error is at length argued and Judgement affirmed thereupon for the Plaintiffe with increase of Costs for the Delay no Errour being found in the Proceedings the poor Defendant at his Wits-ends not knowing what to do with a face more miserable then the first lines of an Humble Petition asks his Attorney What he shall do now Hast any moneys cries the Attorney If so we will get an Injunction and bring it into Chancery Here it may be the Cause hangs three or four Tearms at length no Equity being found the Complainants Bill is dismiss'd with Cost allowed to the Defendant hereupon the Client willing to purchase more Advice asks What must be done now the Attorney having no more delays to make advantage of with a shrug in much haste cries There 's no more to be said Go pay the Knave his money he 's a Rascal and I 'm satisfied Thus Hudibras in Rhime Burlesque So Lawyers lest the Bear Defendant And Plaintiff Dog should make an end on 't Do stave and tail with Writs of Errour Reverse of Judgements and Demurrer To let 'em breath a while and then Hoop-and so set 'em on again But to proceed I say his face seems as intricate as the most winding Cause and talks of nothing but Statutes Presidents Reports ' and the Lord knows what as if the first time he had mooted was when he was in Hanging Sleeves and that from that time he had fed on nothing but what a Judge had Cook'd for his learned Stomach whereas he had no other Porridge-pot but his Ink-horne which could not boyle him sustenance but for the fewel of his deluded Clients All his actions words and gestures are very stiff and affectedly constrained his conversation is obstinate and full of Contradiction and contrary to the pliable Complaisant wheedle grows rich by strise and wrangling What a man of worship is he when living in a Country Village all fear him but few love him the dread of him so aws some spirits that they are at a treble
for cunning querks and quillets in the Law but better did Galeatius of Milan who hanged another for his excellent Art in multiplying Law-suits and indeed the multiplication of these fellows proves a greater Plague to this Kingdom then Lice with other Vermin to the Egyptians One word to the Attorneys of Westminster and Guild-Hall and I have done Though in the head of this Chapter an Attorney is mentioned yet I mean none of you but such as are conscious to your selves of some unjust proceedings therein conteined it is the Ignorant Knavish Countrey-Attorney that I have had a fling at all this while or some beardless Fops who fluttering up and down Presumptuously assume that Creditable name that the Boys may be thought men of understanding many whereof are only fit to make a noise at a Court of Py-Pouder louder than the Jack-Puddings in Bartholomew-Fair and yet are bold to tread other Courts too often where they as frequently make Combinations against their Clients and though not seldom they take exo●bitant Fees they have a trick to let go Judgment on Default It cannot be expected that in this well-governed Kingdom Law-suits should be as little in use as they were in the well-regulated Common-wealth of the Lacedemonians seldom heard but I could wish it were so order'd here as it was by Charles the Ninth of France who to prevent needless and numberless Suits of law ordered that whosoever Commenced a Suit should deposite such a sum with the Judge to receive it back again if his cause were good or forfeit it if the same prov'd frivolous people then would grow weary of wurrying one another Places in the Hall and Compters would not then be sold at such dear nay excessive rates nor would there be such variety of Juries as Farriers have shooes fitting all sizes ready at hand according as they are bespoke Whereas now men have not their Offices for nothing but pay soundly for them and therefore must lick themselves whole out of poor mens necessities certainly sale of Offices is the greatest wrong can be done in a Common-Wealth CHAP. X. The Catch-Pole or Tenter-Hook THIS Fellow among those many great Judgements God inflicts on the World for the many-crying sins therein committed is none of the least for having crack'd it may be twice or thrice he only reserves so much money as will purchase him a Commission for Napping to make others as sensible of being in debt as himself was formerly and having the nature of the Devil in him is restless and in perpetual motion seeking whom he may devour and is never better pleas'd then when he hath made a poor debtor acquainted with the Torments of that Purgatory he himself hath layn pickled up in for many years For which cause the indigent and insolvent look upon him as the properest shape wherein they fancy Satan fearing that one time or other he will meet with them and drag them to an Hell from whence they never shall return Others look upon him as a Goss-Hawk on the wing taking a circumference at a distance seeming not to mind the wary Heron who is using the same stratagems in winding to get alost but all in vain for when the bold and crafty Hawk hath got above her in his soaring ' ware Hawk or any other advice avails but little with him and will pounce her though he venture the striking himself through with the long bill of his Opponent Thus have we known several of these Vermin violate places that are priviledged by ancient custom and defended by the Gallantry of the Defendants who have made them suffer for their insolencies sometimes too severely by death at other times sportively by clipping shaving And lastly by throwing them into the Bog-house to send them whom sweet-sented to their Dulcina del Tubosa's or reaking Hecuba's Notwithstanding these deadly or dreadful punishments they will confidently adventure out again having first got some loving Cracks or others to mundify their loathsome Carkasses that they may not poison their Iessimy-Barbers who otherwise instead of sweet fragrant Effences must be forced to bring a Brandy-Bottle or some other spirits to keep them from Fainting Whilst they are indeavouring to even the difference between their Hair and Beards on both sides Having new cased themselves for their imployment obliges them to have diversity of Garments by them for Disguises and having perriwigg'd their shaved crowns they boldly walk the streets and by-lanes again and makes them more dangerous to some than the High-ways for they are Moveable Prisons and their hands two Manacles not to be filed off They are the Remora's to young Gentlemen and breaking Shop-keepers when at Anchor they find they can ride it out no longer they either cut or slip and when under a stiff gale they think safely to sail from that dangerous Port to some other of better Anchorage they are stopt by the way and can go no further till their unlucky Pilots moor them where they please most commonly to their utter ruine If any one of them seem to be merciful to the poor Prisoner it is for no other end than to make his own advantage For should he immediately stop a man in either Counter or some other Prison it is not for his benefit therefore he protracts the Execution and with much seeming willingness delays as long as money's stirring He will respit you in no place at first but a Tavern where he sels his Minutes dearer than a Watch-Maker and though he venture half a drowning in Canary or what other wine he most esteems Yet that will not stop his mouth unless his hands be stuff't and Pocket cram'd continually With a leg of a Fowl in his hand and a wing on his Trencher unroucht he cries Come we cannot stay we must be gone whilst his eyes are greedily feeding on the Sides-men or the Merry thought wishing every bit may choak others that goes not down his gormandizing Gullet no more Angels appearing and fearing his over-drinking may disinable him from securing his prisoner he instantly removes him to his own house or the suburbs of a Gaol where he visits him twice a day but the poor man having no more money to gratifie his forbearance and the large Fees of the house two shillings a night c. a Prison then must be his Mansion and being a Freeman hath the benefic of a Duce which some call an Horse and thence he rides to Ludgate where he may chance to lie some years in the sweat of his Keepers Toes A Suburbian-Trader's credit is no sooner fly-blown but the Magot-Bailiffs are rooting in his Tail immediately Money is the only way to blind them so they shall not see you which you must either send or give them and then though they have a Writ in their Pockets and the person walks just under their Noses yet they cannot see him for their lives which Astrologers say proceed from a wonderful Conjunction of Sol and Luna in Palm of the right hand