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A80411 The vindication of the law: so far forth as scripture and right reason may be judge, and speedy justice (which exalts a nation) may be advanced. VVherein is declared what manner of persons Christian magistrates, judges, and lawyers ought to be. / By Iohn Cooke of Graies Inne, now chief justice of the province of Munster, 1652. Cook, John, d. 1660. 1652 (1652) Wing C6028; Thomason E662_9; ESTC R206788 78,991 98

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THE VINDICATION OF The Law So far forth as Scripture and right Reason may be Iudge and speedy Iustice which exalts a Nation may be advanced VVherein is declared what manner of persons Christian Magistrates Iudges and Lawyers ought to be By Iohn Cooke of Graies Inne now chief Justice of the Province of Munster 1652. LONDON Printed for Matthew Walbancke and are to be sold at his shop at Graies Inne Gate 1652. The Vindication of the professors and profession of the Law so farre forth as Scripture and right reason may be Iudge and speedy Justice which exalts a Nation may be advanced EVery Anonimous impression though nothing but truth should be published specially in a divided Kingdome where truth usually gets as many Enemies as Freinds is in my opinion a breach of the Peace as tending directly to make divisions and breed quarrells by exposing every man to unjust censures for that Child which has no legall Father is every mans Child in vulgar reputation Qui non habet patrem populus est illi p●tor then differences in Judgment unhappily through the pride of mans nature generate disaffections my selfe having beene brow-beaten as conceived to have a hand in some impressions whereas I had not a finger in any print since these commonly called unhappy times and I confesse in many respects so they are though for my owne particular I looke upon them as the most glorious times that ever were since the Apostles because I doubt not but Antichrist and all the Enemies of Jesus Christ shall bee utterly destroyed and He set upon the Throne which God grant Hee that thinkes he writes a truth why should hee be ashamed to owne it let him in the name of God stand boldly to it for great is t●e truth both divine and morall and it shall prevaile every Christian is bound to free that which makes him Free And when the issue is legitimate no man denyes to be called Father but every nameles Pamphlet b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 condemnes it selfe and makes both the Author and Printer guilty of a conspiracie against the Kingdome for which I conceive they may be indited and bound to their good behaviour which if it be crosse grained to his opinion who is author of a treatise concerning the liberty of the Presse who is certainely a most ingenious rational Gent. at least we agree in the root as Brethren The motive inducing mee hereunto is that I finde a generall aspersion cast upon our profession which wee ought in honour to vindicate for the difference will stand thus when a particular person is abused many times it may bee the most Christian prudence to neglect a Calumny and let it die as the rule is c Multa non ●onfirmantur tacendo Sed despiciuntur non ●efellendo many things are rather despised then confirmed by Silence But when Courts profess●ons or trades are traduced then in such a case an Answer must be given as obliquely concerning the whole Kingdome it reflecting upon the wisdome of the Supreame power to suffer generall abuses and Silence may be interpreted to be a consent according to the common rule d Qui tacet con●entire vid●tur Silence gives consent which how ever learned Dodridg qualifies with this restriction when it is for the benefit of him that is silent e Q●ando loquitur pro ejus Commado tacens habetur pro ●onsentiente in materia honorabili ●no vitupe rabili As that of the Jewes to our Saviour f ohn 8.48 Say we not well that thou art a Samaritan and hast a Devill Iesus Answered and said I have no D●vill implying himselfe to be the good Samaritan mentioned by St. g Luke 10.33 Luke Yet upon the reason of our Law if a man shall bee called Rogue or Thiefe to his face and hold his peace this may be some evidence against him if he be afterwards questioned affronted in the same kinde therefore this being sold it Westminster Hall so as notice must needs be taken of it And considering that many of my worthy Brethren are in the Country and many otherwise imployed And when many are concerned in a matter it is usually put off f●om one to another and nothing don in it I resolved therefore to say something against it something for it something about it something besides it The Advertiser begines with a Roman spirit and I must embrace truth wheresoever I meete it The Roman Barons indeed being ambitious of the Senate and chiefest Offices which were conferred by popular election knowing it to bee the onely way to ingratiate themselves with the people to get many suffrages studied the Law and Physicke and pleaded causes without Fee studying as the Cardinal did with a Net till hee had caught the Fish or as it were fishing with a Gudgin to catch a Pike and so they had (h) Which occasioned that mistake in some Historians that there were no Physitians in Room for 500 yeares Physitians without Fee As poore men with us are in all Courts admitted both to sue and defend Gratis in forma pauperis which might bee a sufficient answer to that Roman instance But why should the taking of Fees be counted dishonourable which is not a (i) Non mercenarium sed honorarium mercenary wages but an honorary requitall which may be taken but not required though I believe many pay a very va●uable and meritorious consideration for what they receave so many (k) Per ambulatione facienda walkes taken to Westminster and such attendances there that a Porter would scarce take the paines for 5 s. that if some have too much others have too little I confesse it were a glorious thing rather to be (l) Optandum non expectandum wished then as yet to bee hoped for that Ministers Co●nsellors and Physitians being of such noble professions would exact nothing if they had otherwise sufficient (m) Ne videantur id vendere quod estimari nequeat least they should seeme to sell that which is invaluable every man ought to give his Clyent (n) Bonum fidele Consilium good and faithfull Councell which is inestimable for though the paines may yet the fidelity cannot be required I have knowne a word put in by an eminent practiser advantage his Client 1000 l. in the way of truth yet in that case he must be content with a moderate Fee and the further requitall must be in other Coine by a thankfull recognition or by helping him to other Clients He that lends me a Horse which proves so swift of foote that I escape from the enemy though I pay the horse hire I am still engaged to the owner if by Gods blessing upon the Physitians meanes a man recover of a dangerous sicknesse health is a Jewell and invaluable and if not the gift of the Holy Ghost much lesse can the spirit it selfe be purchased But yet some incouragement there must be as