Selected quad for the lemma: virtue_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
virtue_n	command_v	forbid_v	vice_n	1,917	5	9.6001	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

are drawne by some illiterate pretender to the Law who hath one formilarie for all bargaines one Saddle for all Horses Expectata di● seges all●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 litigation● 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 t●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 L●●vs dolores c. Sene●● 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 ●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