spitits for truly when all is done the way of love is the best and a more winning way and if any thing about yet the fairest when the poore wretch shall see that the Magistrate loves his soule and is sorry for his misery and would not punish him but that the necessity of Justice exacts it now till this be effected why may not the Prisoners where there is no danger of running away goe out with their Keepers to the publike Preaching or if not all why not so many as can be conveniently attended upon It will be said that this might be construed to be an escape in Law What if a poore Prisoner should goe out in the morning on the Lords Day to serve God and returne at night will any Creditor be so divellish to Count that an escape As if like one that had the Pestilence he should envie the salvation and wish the destruction of his Christian Brother whom surely he reckoned so at first or else he would have had no dealing with him There is some question about Arrests on the Lords Day but I thinke the question should rather be whether any but Accomptants ought to be imprisoned for Debts there is I confesse a difference taken in our Bookes 67â—25 on 27. E. 3. 9 Rep. 66. Mackallyes case that no judiciall act may be done upon the Lords Day but that ministeriall acts such as to Arrest men may be done the reason is rendred because it is a good thing to doe well upon the Sabbath certainly there is more dexterity of wit then solidity of Christian Judgement in this difference I am sorry the reverend Author should put a Bristol-stone amongst so many diamond Reasons as are in that case what manner of reasoning is this A poore man in debt would faine serve God upon the Christian Sabbath if he might goe free from Arrest The Law priviledges men going to Faires cundo morando redeundo no saies that Booke if you goe to the Market for your Soule you must be arrested and so the poore man it may be drinkes away the day and splits his Soule even upon the rocke of dispaire and whether this be not a breach of the fourth Commandement judge you for this is an everlasting rule for all Christian Magistrates that whatever any mans offence be they must take care for that mans soule I am perswaded that that which was formerly spent in Pageantlike vanities upon a Lord Mayors day would have fed all the mendicant poore about the City I professe considering what fopperies are beyond Seas a man might well have askt whether the Lord Mayor was a Christian or did honour to some Heathen Deity but blessed be God the moderation of this City is knowne and beloved of all good men me thinkes a crowne a house within the Line advanced by the Landlord should make a comfortable provision for all the Beggers I know the streetes in that populous City of Paris were so covered with Beggers that as you walkt along upon their Holy-daies you might have imagined your selfe in a continued Hospitall one Gedouen famous Gedouen Provost of the City a compassionate man prevailed to lay a Leavy of five shillings a house throughout the City wherewith the Beggers were cloathed those that could worke imployed the impotent provided for that in a moneths space a Begger was as hard to be found as a Wolfe now in England or as I hope ere long it will be to finde an Enemy to the Kingdome in the bowels of it we have many excellent Statutes to this purpose 42 Eliz. which are in substance the Law of God and can never be repealed and were there once no Beggers in London I should have some probability to nourish my faith that it would be Universall for this City is an excellent Copy for the whole Kingdome to write after I heare others complaining of numerous Priviledges but I hope the Noble Peeres and worthy Patriots will not renounce their legall rights to gratifie a company of old Usurers or cozoning oppressors for I observe that those which are conscionable in lending are curteous in forbearing and at that word Usurer my heart rises and is so brim full that it must needs a little run over poore Soules they lost a fifth part of their comforts when Money was reduced from Ten to Eight cruelty is their Genius but I hope that Trade is not long lived Luther thunders against it indeed sincere Calvin uppon occasion of many English mens flying for Religion to Franckford and Geneva taking some Money with them intreated the Bankers to allow them three or foure in the Hundred because they knew not how to imploy it but he delivered his Opinion with many cautions so as the lender gaine by it and be well able to pay it and so as none be offended by it It it the honour of our Nation that the Practice of Usury is not by any Law allowed 13 Eliz. 8. 39 El. 18. 21 Jac. 17. in point of Religion or Conscience and the words of the Statute are That all Usury being forbidden by the Law of God is sinne and detestable and therefore enacts that he that takes lesse then ten shall forfeit the interest though it be under eight which is in force to this day and might be of singular use if the proceedings by way of information or action were quick but in truth they move like ponderous bodies it is rolling a Stone upon a Hill and if there be the least mistake down it tumbles upon the Plaintiffe to compell men to deal like Christians who worse then Jewes cry out for Interest in these straight times from their Christian Brethren who have been plundered of all in the Country driven from their habitation scarce having food and rayment and where to hide their heads and yet the Usurer cries I have nothing to live upon but my Use not considering that the Debtor hath neither Use nor Principall and this is true in case of Sureties contrary to the true intent of the ancient Law that the Surety should not be questioned but in default of the Principall Si defeceris principalis untill the witty Arch-Bishop Keeper being angry with a Surety said That he that was first in intention should be first in execution and for his conceit sake sent him to the Fleet though the principall was able to have made satisfaction besides there are too many evasions out of good Statutes if a man give Bond of an hundred pound for a Horse not worth ten pound this they say is no usurious Contract An old Usurer delivers twenty pound to a young Heire and an old Bond of eighty pound not worth sixe pence Morsura non usura who gives Bond to pay one hundred pound this is divellish biting but it must not be called Usury within the Statute though I conceive it cleerly within the intent of the Law-makers When we object stewes against the Papists they say they will
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
are drawne by some illiterate pretender to the Law who hath one formilarie for all bargaines one Saddle for all Horses Expectata diâ— seges allâ—sit avenis so many impertinent words that they ingender strife some Covenants so Prolix that a man can scatcely see the fruit for the leaves and the error being discovered the Client posts to Councell with an oh Sir if you can but cure such a mistake how thankfull shall I be unto you but the foundation being sandy all falls to the ground and hope deferred makes the heart sad I speake not against learned Presidents that I have often thought that for every contract put in writing concerning the value of 10. l. and truly I would not have any man question another for above 10. l. unlesse hee have something to shew for it in writing Melior est justitia perveniens quam puniens which would prevent much perjury and subornation if the parties contracting would advice with Councell to expresse their intentions according to Law this would prevent numerous litigationâ— and preventing Iustice is better then punishing because there is no offence commited so that I professe the Client might purchase his quiet at a farre easier rate then hee does were it not many times for his owne perversenesse but in all professions and relations there must be some graines of allowance Now I come to Answer that hearing a Charge that it is not an unusual thing therefore argumentatinely a usuall thing for a Lawyer to prevaricate and Confederate with tâ—e adverse party this is a pure libell without mixture or blemish I dare say that all of us do as much in our Iudgments and practises abhorre all manner of Treachery as our bodies doe in nature loath and detest poison the purest fountaine is not more free from mud then the generality of our profession from perfidiousnes It is in Accusations many times as it is in griefes Lâ—â—vs dolores c. Seneâ—â— great griefes are silent when lesse are eloquent this is a strange Giant-like report so far above the measure and stature of truth that I want words to give it any other answer H. the 6. being once struck admiring how any man durst offer to strike him said you wrong your selfe to strike the Lords anoynted but I beleive you did it not out of any ill will to me but to gaine applause It shall be a Royall spirit to Condonate Anonimous whom for my perticular I looke upon as some Malecontented Client that lost his wooll in the Briars through the injustice of his Cause or having bin abused by some silly fellow whom he too much trusted railes upon the Lawyers it being naturall to the Conquered to appeale to the people Victi â—est provocare ad populum and therefore as Lewis the 11. that great tax-Master said wee must give loosers leave to speake so say I but I hope there are few if any practisers now that prolong Causes to enrich themselves for that is to ad affliction to the afflicted Hee that does so builds upon the ruines miseries of his Brother that Phisitian or Chyrurgion which shall keepe the wound raw and torture the Patient to multiply his Fees feeds upon raw flesh And that Souldier which shall prolong the Warres to continue his pay lives upon the blood of poore Soules all which are hard meat must be vomited up againe by faith in the blood of Iesus Christ Pro. 20 17 or else it is no hard matter to determine how sad the issue will undoubtedly be for sweet is the bread of deceit but his mouth is filled with gravell but I must hedge my way least strange questions should enter we are called necessary evills truly to speake properly no evill is necessary because in respect of us it might have otherwise beene not having a necessary Cause but defective but it seemes he meanes that there is no more necessity of Lawyers in a Kingdome then there is of Woemen who have beene called necessary evills for my owne part I love not to fish in troubled waters much lesse Nero like to inflame others to warme my selfe I heartily wish that therewere no need of us further then to settle Estates and advise in difficult Law matters for which there will be use of Lawyers so long as the world continues for any thing I can as yet rationally imagine to the contrary but that many Lawyers should be an evident demonstration of a decrepit Common wealth is an ignorance in Politiques for it is rather an argument of a flourishing Kingdome for wealth increasing suites will arise though I confesse it is rather a dishonour to any state to have multiplicity of causelesse contentions and it is much to be wisht that there were neither need of Lawyer Phisitian or Souldier in the Kingdom for if the King would discharge his trust every man deale honestly and no sicknesse nor distempers what Halcion daies should we enjoy But when will there be a perpetuall spring for as our bodies by reason of the continuall expence of spirits have need of the Phisitian who is therefore to be honoured so offences will be given and differences be daily emergent because right reason does not alwayes mannage the will and consequently Lawyers as necessary in a Kingdom But Anonimous is angry because Lawyers grow Grandees in state De legibus Anglia as if it were a fault for him that wins the race to weare the garland Fortescue observes it as a speciall benediction upon Iudges and great practisers that their Children prosper in the world for the Generations of the righteous shall be blessed and Sir Edward Coke the Phaebus and Lipsius of our age whom I the rather mention because we are all beholding unto him for having dispelled many mists of error otherwise a Cloud in many Cases had dimm'd out eye sights observes that Lawyers have bin the founders of many of our eminent families And is it not as honourable to get an estate honestly as to keepe it neither virtue nor vice is properly hereditary what disparagment was it to Abraham that his Father was an Idolater in Vrre of the Culdees and as little honour to cursed Cham to be the Son of noble Noah but they who have bin an honour to the Law why should they not be honoured by the Law this I observe as an argument of humility of the reverend Iudges and Masters of the robe which have no title of honour as Iudges or Serjeants no more then an Alderman hath as he is a Cittizen whereas the Civilians beyond Sea give themselves what titles they please and if they say the Law is so who can gainsay it It had bin an easie matter for the Iudges of our Law to have adjudged themselves honourable Additionall Titles and degrees being matters within the verge of their owne Commission and jurisdiction and not matter of heraldry but if the King who hath ever beene accounted the supreame fountaine of
in reason why should not the Plaintiffe put in his Bill upon oath had not custome incorporated many formalities and solemnities into our Courts of Justice many of them would scarce hold weight in the ballance of the Sanctuary but farre be it from any honest man to maintaine an old error against a new discovery of truth Truly I thinke it was to be wished Civilians call it lesse property Juramentum calumniae that the oath of integrity might betaken by every Councellor and Attorney never to set a hand to any Bill or writing not to speake any thing for the Client but what they verily beleive in their Conscience to bee just and true this is practised in most parts of Christendome and some states make the advocates to discover any thing that they know which may advance Iustice though it be against their owne Clients but of that I make a Quere but our Law seemes to comply with the former for by Statute it is enacted that if any pleader shall deceive the Court West 1. c 29. by informing that to be true which he conceives to be false he is to be imprisoned a yeare and a day and to practise no more The learned Serjeants are sworne not to maintaine or defend any tort or falsitie sciently See the Sergeants oath in Magna Chorta f. 213. Numero confiderato but shall guerpe and abandon the Cause so soon as he perceives the injustice of it and truly if Serjeants bee sworne why should not the Barristers It cannot be denied but there are as many worthy honest men and as few others of our profession as of any other calling whatsoever and many honest Aturneys and Sollicitors that looke at the merits and justice of the Cause and desire rather verity then victory in their undertakings For my part when any body cometh to advise with mee about Commencing a Suit in Law I begin to tremble and bid him first examine his owne Conscience seriously whether he have bin wronged and that in a considerable matter for I would not have Christians go to Law for trifles Totus in serment◠my meaning is unles the thing recovered will quit the Cost to provide a Conserve of Westminster Hall Wormewood and to be of a leavened Spirit for every trespasse was an error which Saint Paul blamed amongst the Corinthians he examines not who has the best cause but chides contentious natures But in materia gravi necessaria that goe to Law for small matters did Jesus Christ write our sinnes in the Dust and shall wee write every unkindnesse in Marble Secondly whether he would not have done so to others as is done to him then I advise him to use all means of peace and all urbanity before he do addresse himselfe to a wager of Law as knowing that going to Law is like a laborinth the ingresse very easie but the egresse very difficult or like two encountring Rams he that escapes best is sure of a blow I have heard a Debtor in Naples offer a Creditor 50 l. to whom he owed 100 l. telling him unlesse he will accept it he will make him spend another hundered and hold him in suit with his own money and then it may be hee may get 120 in conclusion And thirdly I aske my Client whether he can go to Law in love which I finde to bee a very difficult thing which being premised no doubt God cals a man to go to Law to recover his right as well as a kingdom to defend their Lawes and Liberties but I shall not censure any Client for I know the case may many times be such that both parties may have an invincible ignorance of one anothers right It was so in the case of the Israelites and the Cananites Ioshua having a command from God did justly invade their possessions they not knowing of that command justly defended the same I proceed with my Adversary who is so farre in the right that the maine or many streams of our Law issued and flowed from the Normans some veins from the Saxons and many maximes and rules from Sicily as might appear in a manuscript which one Master Pettit employed by the Earle of Arundell to purchase Antiquities in forrein parts acquainted me with In the lesser customary of Normandy you may read in substance the two first Books of Littleton and to speake truth what ever is excellent in our Lawes wee have taken the creame of it from them and thereof composed ours and as our language is most accurate and refined so is our Law a most compleat body of humane reason And now I must say something concerning the Law and justice and the reverend Judges the Fathers thereof For the first the Law of England is a holy Sanction commanding things honest and forbidding the contrary A Cheife Justice to Hen 6. and after Chācellour when Hen 6. was driven into Scotland it excludes all vice and teaches all vertue who would not fight to defend such a Law Fortescue gives a high commendation of it and sayes all mankinde should have been governed by the Lawes of England if Adam had not sinned in Paradise and herein our Lawes must needs exceed the Imperiall Roman Lawes which were made by the Emperours Counsellours Actu vel potentia ut Evani Adamo antequam plasmaretur because ours are made by generall consent in Parliament that I may most truly say that the Lawes of England are either actually or potentially the best in the world because if any thing be amisse the Parliament may reforme it There are but six Kings properly so called in Christendom the French and the Spaniard who have too much power Sweden and Poland who have as some politicians say too little power for their Titles and England and Denmarke who have just power enough by Law for by the salutary advice and consent of Parliament they may enact such Lawes as may make a people happy Oh happy England if we knew our own happines In many places beyond sea the people pay the fourth part of all the Wine besides a fourth penny of all the Wine that is sold so that where the Wine growes the people drinke water and is it not an admirable thing that we should buy a quart of wine for lesse then the Natives whence it comes a quantity of every bushell of their corne every house-keeper forced to take such a quantity of Salt at five times more then the worth of it The land farre richer then ours yet the people five times poorer then with us the Souldiers constantly take what they please the Countreymen and yeomen upon the matter go almost naked upon the worke dayes in a hempen doublet on holy dayes if any man have got a supposed stocke of money he is deeply taxed and impleaded and then that Advocate cannot want a reason that argues for the King if the man refuse to pay then they adjudge him peremptory and he is imprisoned and counted an
adversary to the favourites of the Prince and then it s observed that they have the happines that seldome any of their adversaries are long liv'd And if the proofes be not cleere against a rich man the Prince will hear the matter in his Chamber and condemne him and he is privately in the night time cast into some River or burnt and the poore soule says he is glad he has a life to lose for his Princes pleasure But what means this murmuring that Taxes are multiplied Vaine and miserable men truly miserable both in soul and in body that indeed have no mony because the money has them he is the truly miserable man that loves his money better then his soule for the servant of God is master of his estate when a Kingdome lyes a bleeding who would not willingly lose a yeare or two profits to save the inheritance Tell a Usurer that hugs his yellow earth of Land at ten years purchase and he willingly parts with his beloved darling we willingly suffer the amputation of an arme or a leg to save the body naturall shall any man be unwilling to part with a little wooll to preserve the body Politique It may be one reason why so many have taken up Arms to destroy the Law and to poison the very fountain of all lawfull liberties is because men do not know what an excellent thing the common Law of England is It is called the common Law of England as I conceive not by way of distinction in opposition to the Canon or Civill Law for that would be absurd as to say the Catholike Church of Rome besides every Kingdome has a municipicall common Law but by way of excellency as David was called the King superlatively and the Booke of books the Bible and the foure Courts of Record at VVestminster are called the Kings Courts by way of eminencie Lesse then this a Lawyer cannot say for himselfe because no man must exercise any profession Honeâ—â—um utile Ineptio instrumenti fastidit artificem Debilitas mucronis reddit ignavum militem but what is honest and profitable for the Common-weale the unhansomnesse of the instrument is grievous to the Artificer it makes a souldier sluggish and shames him to have a blunt sword and as I heard a worthy Divine lately say if beleeving bee so precious how precious are beleevers So say I if the Law be honourable surely the Lawyers must bee highly esteemed Me thinks Lawyers may be called representative Warriours for the lives and Patrimonies of our Clients are by us defended at the Barre by reason mans chiefe excelencie and though the Souldiers profession be very noble and honourable because most dangerous yet the profession of the Law herein challenges precedency 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because the sword is but a servant to justice consecrated by God to maintain and defend the Law for if men were just the sword might bee sheathed now that for whose sake any thing is made is more worthy then the thing so made whence it is that the weakest body is more worthy then the most costly raiment for which reason the presidentiall Nobles unlesse there be a duplicity of honour By 31 Hen. 8. the Chancellour placed before the Constable and Marshall where the originary and accidentall honours meet together precede the military Nobles So in Phisicke though the subject about which Phisitians are conversant is more noble then the Lawyers subject health being to be preferred before all pecuniary respects yet Lawyers are reckoned to precede them Nay Divinity which I looke upon as the grace and glory of all other Sciences all being but ciphers without the salvation of a mans soule in the way of honour and precedency must give way to the profession of the Law the reason whereof is because Justice which is the Lawyers subject is more necessary then either Divinity or Phisicke Ingenious sir John Davies in his eloquent Epistle to the Irish reports as without which no Kingdom can subsist one day Wee see Heathen kingdomes subsist without Religion and you may imagine a Kingdome to subsist without Phisitians as Rome did for some time but all men at all times and in all places stand in need of Justice and Law Conciliarii sunt organa justitia in corpore politicâ— which is the commensurate rule of Justice and consequently Lawyers which are the Ministers Servants and Secretaries of justice the Queen and Empresse of all other morall vertues which is as absolutely necessarie as the Sun for should the Law be suspended but one night nay should justice which is the soule of the Kingdome depart but one minute the Kingdome would bee destroyed all humane society dissolved for then every man might doe as he list and scarce a man but hatâ— some enemy or other that would presently kill him and that is the reason that the Sagest politicians alwayes looke first at a Being before a well-being First whether a people shall live next for their comfortable subsistence and this brings me to the noble Theame of justice whereof before I treat I intreat leave to speake of one Remora and great Hinderance which is multiplicity of businesse in a Court A great Practiser may better afford to make a Motion for 5 s. then one of us for 10 s. that every man cannot be heard what hee has to say and then the Client murmures that the businesse is not done and the Counsell for severall attendances specially having no other businesse there peradventure expects new Fees therefore it were greatly to be wished that every man if it were possible might bee heard every day what he has to say for his Client at least that no man having been heard once should move againe till every one hath had his Motion otherwise a young Practiser may peradventure scarse make a Motion till the last day of a Tearm but if the Court would please where they leave hearing there to begin the next day the Client might know when his businesse should be dispatcht I would faine propound a question to all rationall men of publike spirits whether a Writ of conscionable division does not lye among Lawyers that at least every one may live by his profession or whether there be any reason that one man should get a 1000 l. per annum and another of the same profession not get halfe a hundered I am sure it has ever been condemned for as great an error in politiques as pluralities which were abhorred even by that Trentine or rather Tridentine Counsell as being a great discouragement to the professours and dishonour to the profession sure it is that as all Clients have an equall interest in the Court one as much as any other justice knowing neither father nor mother so all practisers are equally invited to the Barre the Courts of justice being like a great Prince that keeps open house for all and makes a generall invitation Observing in Italy how carefull the Potestates and
where in stead of reposing your selfe you must fetch Bread here and Wine there and Flesh in another place and stay two or three houres till it be made ready and this makes me wish not onely that all good Bookes whatsoever were Translated into ouâ— owne Language which would advantage Children three or foure yeares schooling who are cracking the shell to understand Latine whereas they would easily get the kirnell and learne Logicke Rhetorique Philosophy and other Sciences as they doe to know the names of Creatures Beasts Fowles â—ishes Corn and Houshold-stuffe and other necessaries if all Bookes and Authors were in English which might easily be done by our learned Schollars now in towne a work that would more advance and dignifie the Kingdoâ—e then Prima faciâ— can be imagined For hence it is that Schollars in Franâ—e know more at seventeen then with us at twenty the Gentry even the women generally excellently principled in morall Philosophy and all humane literature but also that our Law Cases were all Printed and all our Writs Processes and proceedings in English for that Statute in 36. Edw. 3. 36. Edw. 3. recites that great mischiefes happen to the Realme because the Lawes are shewed in the French Tongue which the Clyents doe not understand but does not fully cure the malady The Freneh Lawes were in Latin untill Francis the 1. which being altered they said now is the Kingdome out of ward for truly I am ashamed that a Sub-paena should be served upon a Country-man in Latine when peradventure scarce any one within five miles understands it beleeve it 't is a badge of the Norman Conquest which by degrees I doubt not but will weare out I am no enemy to Learning but this I affirme confidently that were all Authors Divine Humane faithfully and exactly translated as I know no reason why they may not there would be little use in comparison or rather trouble of any Language but our owne unlesse it be for Statists in point of correspondency with other Nations Indeed History is in some sort necessary for our reverend Judge We should study the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as well as the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 especially our English Histories without which a States-man is as one that hath a crick and cannot looke backe and I conceive that to be the greatest defect in our Profession that not being versed in our Histories we content our selves that the Law is so not looking into the reason why it is so but for other Arts and Sciences let him that is to goe to Rome Abstine inutil labori ut profituro sufficias not trouble himselfe to learne all the waies thither but that which may be the safest and nearest way for him for if any matter concerning the Civill Law or Phisicke or Mayhem or the quantity of Land or any other forraigne scientificall matter be brought in question before our reverend Judges they send for other Artists Cuilibet in arte sua perito credendum est potius vilissimo sutori de calceis disputanti quam gravissimo Catoni skilfull in those matters and advise with them according to our rule in Law every man must be credited in his owne Art the Shoo-makers Judgement about making Shooes before a grave Cato Disputing about the same matter and so far I thinke all understanding men will agree with me but now here it sticks whether the knowledge of God in Jesus Christ be not a very expedient perquisite if not a necessary requisite to make up a compleat Iudge and truly I hold it is in a Christian Kingdome the reason is because without this no man can come to be a good Polititian for Policy is but a branch of Divine Wisedome there being no Policy against God for all saving spirituall wisedome comes from God as the fountaine through Jesus Christ as the Cisterne effectually drawne out by the Pipe of Faith and all reason of State must doe homage and render obeysance to Divine reason which hath its Authority more elevated But put case then that one Lawyer hath a large stocke of Law five talents for the purpose and not one sparke of Grace visible another is a visible holy man and hath but two talents of Law which of these two is fittest to be a Judge I thinke the latter but put it thus that one hath four talents of Law and two of Grace and the other hath â—wo talents of Law and foure of Grace and then what is to be answered I shall not determine it but this I say that Grace and Gifts meeting together make a sweet harmony and when Grace is preferred then the figure stands before the ciphers our English Proverbe is very significant Set not the Cart before the Horse that is preferre not dead things before living to place a religious man in the Chair to make a good man a great man what is it but to set Jesus Christ upon the Bench it being an invincible Argument that he that loves the Childe for his fathers sake beares the greater love to the father Aristotle saies that Religion is absolutely necessary for a King for no man will thinke that he will doe right to men that performes not his duty to God neither dare men offend him that feares God How happy was Constantine for putting his trust in the Crosse as Papists vainly imagine but that Kingdome that trusts onely in God what can be done against it Oh make much of and honour religious men for his sake whose true pictures they are for the house of Obed Edom was blessed for the Arke sake indeed it was the Court-caveat Take heede of Puritan Judges were but our Christian Magistrates Ministers and Justices rightly zealous for the glory of God as blessed be God many of them are I meane such as doe not only make profession of Religion but take it into their protection what glorious times should we live to see all terrestriall Deities as sacred Scripture calls Judges are Images of the ever-living God Now is it not most reasonable that the Portracture should resemble the Originall A Picture that resembles us we make much of it if it deforme us and carry our name unjustly being nothing like us we burne it the Draughts of Gods Visage are Piety Justice and Clemency good Kings and Judges are kept in the bosome of the Eternall as his beloved resemblances but a counterfeit shilling we naile it to a Post and if any man thinke any way to advance himselfe by exceeding those bounds which God hath prescribed the Almighty Judge does but fatten such a man for the slaughter to make the strok of his Judgement more signall Theâ— reverend Fathers so adorned and qualified should therefore be made honourable and rich the first day of their Charge or have an honourable support for three Reasons 1 To anticipate not onely the inconveniences of want and temptations of presents but to prevent dejection of spirits for when a Judge sees that