THE PRESENT STATE OF ENGLAND, EXPRESSED IN THIS PARADOX, Our Fathers were very rich with little, And We poor with much. Written by WALTER CARY. LONDON, Printed by R. Young for William Sheffard in Popes-head-Alley. Anno Dom. 1626. THE PRESENT STATE OF ENGLAND. WHereas I intended to show the present state of England, by the exposition of this Paradox; yet would I have none to think, that I intent to meddle or speak of any matter of government thereof, Quia jovem tangere periculosum: but only to express the manners and conditions of the people, and to show the difference of this present time, and of that which was 60. years since, when I was (as it were) but a springing Cima of sixteen years old: Neither will I therein use any long discourse, but with all possible brevity deliver only this Pamphlet, as a glass, wherein men of this present age may see their monstrous deformities; or as a Theme for wiser wits to play upon, setting aside in effect whatsoever I shall write more than the words of the very Paradox itself: for, Verbum sapienti sat est. The duty also which by the law of God, and the law of Nature, I owe unto my native Soil, and the great heart-sorrow I have to see the follies, misdemeanours, and ill behaviour of many of this time, hath moved me now in my withered age, to leave these few lines, as tokens of my love; with great hope, that if the same perhaps shall come to the hands of our wise, religious, virtuous, learned, and most gracious Sovereign King, the blessed peace of England, he will thereby be put in mind, Scabra haec nostra dollar, that is, to make these our rugged ways plain. The exposition of the Paradox. AS in all others, so in this Paradox, the words carry a strange sense, and seem to import a mere contrariety and untruth: For (according to the word) how can it be, that one having little, should be rich? and another much, should be poor? Wherefore we must seek another, and more secret meaning; knowing that every Paradox hath both an outward and inward sense. The one (as I may term it) superficicall, the other essential; the one left to the gazing of fools, with admiration; the other to the wise, with deep consideration: The one to the eye and outward appearance only, the other to the inward sense and judgement. For my promised brevity's sake (omitting many) I will speak only of three things, with their appurtenances; wherein our then wise Fathers, did greatly differ from us, now fools. These three which have turned things upside down, and strangely altered our estate, are suits of law, suits of apparel, and drunkenness; which being well considered, with matters subsequent, it will appear, that these three foul stains in our fair commonwealth, do plainly lay open, and prove the inward truth of my Paradox: for, to speak first in general; Our Fathers in apparel were very plain, drunkenness was abhorred, & as it is a most base trade, so used only of the most base, and some few of the very abject sort. They did not ambitiously strive to get that which they could not compass, to borrow that which they could not repay, neither to contend for every trifle in law, which at this day are causes of infinite suits: but living quietly and neighbourly with that they had, they were ever rich, able to give and lend freely. But now (on the contrary, our rents being generally five times as much as our Fathers received for the same land) the idle and senseless expenses of senseless drunkards, the outrageous charge of suits in law, the monstrous prodigality in apparel, maketh us (seeming great and rich in outward show) to be full of care, trouble, ever needy, and very beggarly: For, by these three means we strive to seem kings, but contend indeed who shall be first beggars; so that the old Proverb is in this age most truly verified; Stultorum plena sunt omnia, The world is full of fools. Now of these three particularly; and first Of Drunkenness. THis most monstrous vice is thus defined. Ebrietas est privatio motus recti & intellectus, Drunkenness is the privation of orderly motion and understanding. This definition agreeth in part with that which Galen hath, lib. 30. de locis affectis, of natural folly, which is, Stultitia est amissio intellectus, Folly is the loss of understanding: and another saith, it is absentia intellectus, the absence or want of understanding: But I need not stand much about the definition of drunkenness, or to show what it is: For (with grief I speak it) the Taverns, Alehoufes, and the very streets are so full of drunkards, in all parts of this kingdom, that by the sight of them it is better known what this detestable and odious vice is, than by any definition whatsoever. God hath made all things for man, hath made him ruler and governor over all; which office that he may the better perform, he hath given him reason (a most divine thing, and precious jewel) to govern his actions, whereby he far excelleth all other creatures. This is well compared to a Carpenter's Rule: for without a Rule the Carpenter can never orderly compose his work; but every part will be out of frame: so these drunkards (having expelled reason, that most excellent rule) are in far worse case than bruit beasts; for they have neither reason nor nature to direct them, but show themselves either fools or mad men, as they are formerly defined. I would to God, they would consider how many murders have been, and daily are committed by drunkards; so that some of them are killed and taken away in the midst of their wickedness; others hanged, losing lands and goods, to the overthrow of their houses. This sin is (in a word) in itself damnable, and the very pathway leading to all other wickedness whatsoever. Inter alia, hoc me mirificè excruciate, quòd Academiae nostrae morbo hoc pernicioso laborare dicuntur: nam fontes si inficiantur, rivi omnes non nisi aquam putidam praebere poterint. But (still mindful of my promised brevity) I will only set down notes (as it were) or short speeches of drunkards & drunkenness, and so take my leave of that wherewith I was never acquainted. I read of one brought up from his infancy in a wilderness, at last coming to a city, and seeing a drunken man going up & down the streets, use clamorous and outrageous words, far from reason, in his gate staggering, and in all his actions foolish and rude, asked what creature that was, being so like in shape to a man, and no man. Another seeing one come drunk out of a Tavern, falling down in the street, and vomiting up in great abundance the wine with which he had overcharged his stomach, said, Look, look, I will show you a strange sight; This man hath in this sort vomited many goodly Lordships, and great treasure, left him by his father; and now he hath neither wealth, nor wit, but is a beggar and a besotted fool. It is written, that one coming into a place where many were drunk, one of them offered him a full cup; to whom he said, there was poison in it, or worse than poison: for it hath bereft you all of your wits and understanding. I will none, I thank you. One seeing a man extremely drunk, and still drinking excessively, said, Alas, let him drink no more. To whom another answered, Let him drink still, for he is good for nothing else; and it is not fit for a man to live, that is good for nothing. They that force others to drunkenness, are like stinking sinks, which receive all filthy and loathsome things, and therewith infect others. One being asked, what he thought of a man often drunk, said, He is a piece of ground good for nothing, which bringeth forth nothing but weeds. A drunken man sleeping sound, one said, It is pity he should ever wake; for now he doth no harm, but when he is awake he is ever speaking or doing something that is naught. I have heard, that in Spain if one be drunk, his oath in never after to be taken before a judge. A Philosopher hearing one brag of his great drinking (as many do in these days) said, my Mule doth far excel thee in that virtue. It were very fit that drunkards, having lands, should be made wards, of what age soever: for they are not able to govern themselves nor their livings, more than children. Sentences of wise men, touching Drunkenness and Drunkards. COmes ebrietatis paupertas, Beggary is the companion of drunkenness. Qui fiunt crebrò ebrij, cit ò senescunt, They that are often drunk, are quickly old. Nulla fides ebrio danda, nec huic negotium committendum, There is no trust to be given to a drunkard, neither any business to be committed to him. Ebrietas contentiosa, Drunkenness is full of quarrels. Ebrietas somes libidinis, Drunkenness is fuel for filthy lust. Ebriost Psittacorum more modo loquuntur, Drunkards speak but like Parrots. Vino repletus, vinum habet, seipsum non habet, He that is full of wine, hath wine, himself he hath not. Ebrietas dulce venenum, Drunkenness is a pleasant poison. Nescit ebrietas vel imperare, vel parere, Drunkenness knoweth neither to govern, nor to be governed. Vbiebrietas, ibi sola fortuna; ubi sola fortuna, ibi nulla sapientia dominatur, Where drunkenness is, there only fortune; where only fortune is, there no wisdom doth bear rule. Ebriosus semper in praecipiti stat, A drunkard standeth always as it were in a place ready to break his neck. Ebrium noliconsulere, Never ask counsel of a drunkard. Ebrietas non minor quam insania, sed brevior, Drunkenness is no less than madness, but shorter. So have you heard, what the wisest men long since have said of this filthy vice, and the vicious followers of the same. To conclude, I wish all drunkards to read this, every morning as soon as they rise, that thereby they may be persuaded to reformation that day; and to remember how greatly that beastlike and loathsome sin hurteth the soul, the body, the purse, and the name or reputation. It is in itself so odious & detestable before God, and all civil men; that, as one saying, Lo, yonder is a cruel Lion; which words cause a man presently to fly and shift away: so if I had but named drunkenness, that only word should be a sufficient persuasion for wise men to avoid the same. For the Lion is not so dangerous, who killeth only the body, as drunkenness which killeth body and soul. Of the excessive abuse in apparel. THere are professors of a rare and strange art or science, who are named Proportionaries; but seldom set to work. If you deliver one of these a bone of your Grandfather's little finger, he will by that find the proportion of all his bones, and tell you to an inch how tall a man your Grandfather was: So I herein mind to use some of their skill; for seeing it is an infinite matter, sigillatim to write of all the peevish, childish, and more than foolish costly ornaments now used (especially being object to every man's sight) I will only take the head with the neck, and by these, tell you what proportion all the rest of the body holdeth, down to the lowest part of the foot. I saw a complete Gentleman of late, whose Bever-hat cost xxxvii. s. a feather xx. s. the hatband iij. li. and his ten double Ruff iiij. li. thus the head and neck only were furnished, and that but of one suit, for ix. li.xvii.ss. Now taking the proportion of the bravery for the rest of the body; the cloak lined with velvet, daubed over with gold lace two fingers broad, the satin doublet and hose in like sort decked, the silk stockings, with costly garters hanging down to the small of the leg, the Spanish shoes with glittering roses, the girdle and Steletto; I leave it to those that herein know more than I, and can speak of greater bravery than this, to cast up the total sum: wherein also (as an appurtenant) they may remember his Mistress suited at his charge, and cast up both sums in one. But on the contrary, I observed but 60. years since, generally a man full as good or better in ability than this complete, lusty looking lad, whose hat and band cost but u.s. and his ruff but xii d. at the most. So you see the difference of these sums; the one ix. li.xvii.ss. the other vi. s. Then after this proportion, the whole attire of the one, cost above 30. times as much as the attire of the other: forget not also that the one lasteth three times as long as the other; subject to change, as fashions change. There is another appurtenant to this guilded folly; for if his Mistress say it doth not become him, or if the fashion change, that suit is presently left off, and another bought. I will not forget, but touch a little the foolish and costly fashion of changing fashions, noted especially, and objected against our English nation; and in one only thing (I mean the hat) I will express our prodigious folly in all the rest. Of late the broad brimmd hat came suddenly in fashion, and put all other out of countenance and request; and happy were they that could get them soon, and be first seen in that fashion: so that a computation being made, there is at the least 300000. li. or much more, in England only bestowed in broad brimmd hats, within one year and an half. As for others, either Beaver or Felts, they were on the sudden of no reckoning at all: in so much, that myself (still continuing one fashion) I bought a Beaver hat for u.s. which the year before could not be had under 30. s. The like, or more may be said of the change from plain to double ruffs: But if you will see the effect of these follies, & what lamentable estate it bringeth many unto; go to the King's bench-prison, to the Fleet, to the Counters, and like places; where you shall find many that in golden glittering bravery have shined like the Sun, but now (their patrimonies and all being spent, and they in debt) their Sun is eclipsed, and they rest there in very miserable case, be wailing their vain, and more than childish course of life; and some of them call to mind how they have heard, that their forefathers (on that living, which they have in lewd sort spent, and disinherited their family of for ever) lived bountifully, quietly, pleasantly, and (as I may truly say) like Kings in their little kingdoms: They seldom or never went to London, they did not strive for greatness, they did not long for their neighbour's land, neither sold of their own, but (keeping good hospitality, and plainly ever attired were very rich. Well, if the hat alone, and in so short a time hath put England to that charge, by change of fashion only: what hath Lawns, Cambrics, Silks, Satins, Velvets, and the rest done, and change of fashion in them? I will deliver you my opinion (out of my love to my Country, and desire of reformation) and leave it to the correction of the wiser. The money which is most superfluously bestowed in apparel in this little Island, is thought able to maintain a Navy to command the sea-forces of all our neighbours bordering on the narrow seas, of Spain, & of the Pirates, & all others in the mediterranean sea. How far they further may show their force in the sea leading to Constantinople, I will not take upon me to judge. Yet one other effect these Peacock's feathers (in this guilded, not golden age) worketh: The most part of the Gentry of this kingdom, are so far in the Usurer's books, by their overreaching heads to climb to greatness, and they and their wives to exceed their neighbours in bravery and place, that they live in continual care, and like fishes in nets, the more they strive to get out, the faster they hang. I could bring many sentences of the wise & learned against these vain, peevish, childish, thriftless, and painted fools, as I did against drunkards; but I will only tell you an old tale, and so conclude this part. A Knight named Young, a man of an excellent mother wit, very pleasant, and full of delightful and merry speech, was commended to our late Sovereign, Queen Elizabeth, who caused him to be brought to her, took great pleasure to talk with him, and amongst other things she asked him how he liked a company of brave Ladies that were in her presence? He answered, as I like my silver haired coneys at home; the cases are far better than the bodies. These our named Gallants are well compared to such coneys, and are deceived much, to think they better their reputation by their bravery: for many, even ordinary Tailors in London, are in their Silks, Satins, & Velvets, as well as they: And in Italy every base ordinary blacksmith doth exceed on the Sabbath day and other holy days, or equal the bravest of them. I wish them therefore to compare the sweet Country with the unsavoury London, wherein they are most resident, which is the cause of great expense, in bravery, in gaming, drinking, resorting to plays, brothel houses, and many other great follies: and I dare say, they shall find more true pleasure in one year, living like their forefathers in the Country, than in twenty living in London. Touching suits in Law. HErein I must bear an even hand, and speak nothing that shall give just cause of offence; yet verit as non culpanda. In our law proceedings, I find (in my simple judgement, ever subject to the correction of the wiser) sundry inconveniences. The first is, that although they have in their law a Maxim, De minimis non curat lex, yet they admit every trifling action for gain; even of such poor clients also, as have scarcely bread to give their children: wherein oftentimes is more spent, than thrice the value of that they strive for. I heard of two men, who fell at variance about an hive of bees, and went to law, until he that had spent least, had spent 500 li. I heard also of two brethren, who contended in Chancery for a chain of gold worth 60. li. The elder (being Executor) kept the chain; the yonguer had proof, that his father said often in his life time, that the chain should be his: The suit proceeded, until they had spent above an 100 li. And on a day being both at the Chancery bar, they touched one another; and the elder brother desired to speak with the yonguer, and said, Brother, you see how these men feed on us, and we are as near an end of our cause, as when we first began: come and dine with me, and I will give you the one half of the chain, and keep the other, and so end this endless cause. And I pray you let us both make much of this wit so dearly bought. Thus was this cause ended. There was a Widow and a Gentleman that contended for a seat in the Church, at the civil Law; and this Gentleman talking of his suit for his seat, protested that it had cost him so great a sum, as that (for the credit of these Courts) I am loath to name. One wondering thereat, he said, it was most true; and said further, They have spun me at length like a twine thread: and named the number of Courts he had been twisted in, and the strange number of chargeable commissions which passed between them. Thus you see the old saying true; If you go to law for a nut, the Lawyers will crack it, give each of you half the shell, and chop up the kernel themselves. There is a thing which long since happened in France, very memorable, touching the endless causes in the civil law. A stranger having sold great store of Merchandise there, and not paid, entered suit against his debtors, wherein he spent more than his debts came unto: and thereupon greatly perplexed, especially seeing no likelihood of an end of his suits or obtaining his debts; he went to the King, and said, I have a great complaint against one in your kingdom, and I humbly desire you to hear me patiently: The King said, tell me against whom, I will very patiently and willingly hear thee. My Lord (said he) it is against yourself: Against me, said the King, how so? whatsoever it be, speak it freely, and fear nothing: Whereupon the Merchant told him, that he did suffer most intolerable, costly, and tedious courses in the proceedings of Law in his kingdom (which is there only the civil Law) and such as I think, will never have end as long as the Clients have money to give the Lawyers; and told him withal, of all his proceedings. Well, said the wise King, I will first see thee fully satisfied, and then reform this foul abuse: And presently thereupon did take such excellent order for the quick and just end of causes, that his subjects did name him, Pater patriae; and he was so admired, and so heartily loved of them, as (I think) never King was before or since. I could speak further of two citizens of London, who fell out for the kicking of a dog, and went so long to law, until their books could not be contained in two bufhell bags. This cause thus standing without show of end, our late gracious Sovereign Queen Elizabeth caused to be arbitrated. I could speak of many more like vain and trifling suits, which, as little springs, first creep out at the foot of an hill, and by long running grow to be great rivers: but these shall suffice, Quia in infinitis instare, infinitum. I have heard a very laudable order in Spain: There are appointed certain men called justicers, which are dispersed over the whole kingdom; every one limited to certain Parishes, in which he hath authority to hear complaints of misdemeanours, and trifling quarrels, and to punish offenders, either by fine (whereof he hath part, & the King the rest) or corporal punishment, as he seeth good; and to end also causes for trifling debts, and other matters (being of no great moment) whatsoever, without suit: Whereas in England there are an infinite number of suits tolerated for words, for the least blow, for cattle breaking into ground, for trifling debts, and such like: so that if one have but x.s. owing him, nay, u.s. or less, he cannot have it but by suit in law, in some petty Court, where it will cost 30. or 40. s. charge of suit. But to end this Chapter, I could wish that our justices by commission, were authorised to sit in several parts, to which they dwell nearest, and before any suit be brought, the plaintiff should show his cause of complaint, and thereupon if it were for title of much land, or matter of great moment, he should be suffered to proceed in law; but if otherwise, they should determine it themselves, or refer it to others, as (the persons and causes considered) they thought good, and likewise to punish misdemeanours: which would breed great peace in this land, and prevent the utter undoing of many. A second inconvenience. THis is the multiplicity of Attorneys at the common Law of Chancery, under-clerks, and many pettifoggers, dwelling and dispersed over all this kingdom, which may well be compared to such as stand with quail-pipes, ever calling the poor silly bird into the net. I heard it credibly reported, that few years since, there were not above two or three Attorneys in the I'll of Wight, and not many more causes or suits in law; but now there is (said the reporter) at the least 60. and many more suits in law. The reason he added, was this; If any be angry with his neighbour, he hath one of these ready and near at hand, to whom he openeth his grief: who is also as ready, presently to set him on for his own gain; telling him his cause is clear, and he shall never wag his foot, but he will do all for him, and fetch his adversary about well enough. On the contrary, the other hath one as ready to tell him, how well he will defend his cause. So these two enter combat, and when both are weary, than neighbours end the cause: and to that end (for the most part) come all suits of England. How much better than were it, at the first to commit causes to neighbours? for no causes seldom have so good end by law, as by neighbours: Iniquissima pax, iustissimo bello anteferenda. The third is motions made in the Courts, especially in the Chancery. THere are some Councillors, who will in their motions report whatsoever their client telleth them, be it true or false; and these are well said to have voces venales, that is, to be such as that for money you may have them tell what tale you will. These also abuse the Courts, and cause diverse Orders to be made by their false suggestions, which make suits very tedious, and more costly: Insomuch that about Orders only, there is oftentimes more money and time spent, than aught to be about the whole substance of the cause. The fourth. THis is the great fees which Councillors take, whereby the clients are much impoverished: For they (not looking into their consciences, what they deserve, or how hardly their client (perhaps poor) may spare it) take all that comes, and are like gulfs without bottom, never full. And further, if you have a day of trial, or hearing, and see your Councillor, although he be absent and do you no good, yet he swalloweth your fee as good booty. There is a remedy by law for excessive fees (as I have heard) but it taketh no good effect. The fifth. THis is making long bills in the English Courts, full of matter impertinent, from the fullness of their malice, to put the defendant to greater charge. These men are often in like sort requited, and beaten with their own rods: wherefore I compare them to one that will put out one of his own eyes, to do his enemy the like harm: I wish that such a man may pay well for his folly to his enemy. The sixth. THis is especially in the English Courts also, where the under-clerkes with their large margins, with their great distance between their lines, with protraction of words, and with their many dashes and slashes put in places of words, lay their greediness open to the whole world: and I have heard many say, that they are as men void of all conscience, not caring how they get money, so they have it; and that with as good a conscience they may take a purse by the high way, but not with so little danger, and that is all the difference. I did see an answer to a bill of 40. of their sheets, which copied out, was brought to 6. sheets, in which copy there was very sufficient margin left, and good difference between the lines. Hereby every man may see how infinitely by the abuse of petty-clerks, (the Court of Chancery swelling, & ready to burst with causes, the Star-chamber and the rest) the whole kingdom is robbed as it were: For that copy which should have cost but 4. s. cost 4. nobles. There was one presented our late worthy Lady and Queen, Elizabeth, with a piece of paper no bigger than a penny, whereon was written the Pater noster, the Creed, and a prayer for her. Now I wish that all such Clerks should be apprentices awhile to such a Scribe; for so falling from one extreme to another, they may be brought to a mean: But as for the higher Clerks and officers, they would fain have this foul and unconscionable fault amended, because it maketh nothing for their profit. The seventh. THis last that I will speak of, but not the last, yet lest by many, is touching Interrogatories and examinations of witnesses. There are many that set down vain and frivolous Interrogatories, nothing at all to the matter in question, and thereupon cause many to be examined, whose testimony maketh nothing to any purpose, neither is ever read or heard, but only causeth long, tedious, needless, and costly books, to the grievance & excessive charge of the subject. Thus have I (as it were) only nominated seven inconveniences, to persuade men to peace, and to end at home such quarrels as arise, without great vexation of mind, without great trouble of body, in riding, and running, and without excessive expenses. All which, together with neglect of all business, do necessarily follow suits and controversies in Law: Ictus piscator dixit. As for many others which are greater, and whereof the last Parliament began to speak, with intent to reform the same, I will say nothing. But these seven motes I desire to be picked out of their long gowns. So have I briefly (without our new born inke-pot terms) delivered to the view of the world, my Paradox and exposition thereof, with hope to persuade some of the wiser sort to avoid drunkenness, excess in apparel, and controversies in law, with matters subsequent; which are three of the most common, costly, and offensive evils now reigning: That by their example, others may learn to live a civil, plain, quiet, and contented life, whereby seeming poor, they shall be rich; whereas others bestowing much in feasting and drunkenness, braving it out with a glorious outside only, and painted apparel, living in controversy, and sparing no large fees, or great bribes to overcome their adversaries, seem only to be rich, but are indeed very beggarly. Wherefore I conclude as I begun, Our Fathers were rich with little, and we beggars with much: For we use our much ill, and they used their little well. FINIS.