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.  
Wherein is declared what manner of persons Christian Magistrates, judges, and Lawyers ought to be.  
By john Cook of Gray Inn, now chief Justice of the Province of Munster, 1652.  
LONDON, Printed for Matthew Walbancke, and are to be sold at his shop at Gray Inn Gate, 1652.   

The Vindication of the professors and profession of the Law, so fare forth as Scripture and right reason may be judge and speedy Justice, (which exalts a Nation) may be advanced.  
EVery Anonimous impression though nothing but truth should be published (specially in a divided Kingdom, where truth usually gets as many Enemies as Friends) is in my opinion a breach of the Peace, as tending directly to make divisions, and breed quarrels by exposing every man to unjust censures; for that Child which has no legal Father, is every man's Child in vulgar reputation, 
Qui non habet patrem populus est illi p●tor.  than differences in Judgement unhappily through the pride of man's nature generate disaffections: myself having been browbeaten 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 confess in many respects so they are, though for my own particular, I look 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 be utterly destroyed, and He set upon the Throne which God grant.  
He that thinks he writes a truth, why should he be ashamed to own it? let him in the name of God stand boldly to it, for great is t●e truth both divine and moral, and it shall prevail every Christian is bound to free that which makes him Free, And when the issue is legitimate, no man denies to be called Father, but every nameless Pamphlet 
b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  condemns itself, and makes both the Author and Printer guilty of a conspiracy against the Kingdom, for which I conceive they may be indicted, and bound to their good behaviour, which if it be cross grained to his opinion who is author of a treatise concerning the liberty of the Press, who is certainly a most ingenious & rational Gent. at least we agree in the root as Brethren.  
The motive inducing me hereunto is, that I find a general aspersion, cast upon our profession, which we ought in honour to vindicate, for the difference will stand thus: when a particular person is abused, many times it may be 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 Kingdom, it reflecting upon the wisdom of the Supreme power to suffer general 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 Jews to our Saviour, 
f ohn 8.48.  Say we not well that thou art a Samaritan, and hast a Devil, jesus Answered and said, I have no D●vill, implying himself to be the good Samaritan mentioned by St. 
g Luke 10.33  Luke. Yet upon the reason of our Law, if a man shall be called Rogue or Thief to his face and hold his peace this may be some evidence against him, if he be afterwards questioned & affronted in the same kind, 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 employed, And when many are concerned in a matter, it is usually put off f●om one to another, and nothing done in it, I resolved therefore to say something against it, something for it, something about it, something besides it.  
The Advertiser begins with a Roman spirit, and I must embrace truth wheresoever I meet it, The Roman Barons indeed being ambitious of the Senate and chiefest Offices which were conferred by popular election, knowing it to be the only way to ingratiate themselves with the people to get many suffrages studied the Law and Physic and pleaded causes without Fee, studying, as the Cardinal did with a Net till he had caught the Fish, or as it were fishing with a Gudgeon to catch a Pike, and so they had 
(h) Which occasioned that mistake in some Historians that there were no Physicians in Room for 500 years.  Physicians without Fee. As poor men with us are in all Courts admitted both to sue and defend, Gratis in forma pauperis, which might be 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 requital, which may be taken but not required, though I believe many pay a very valuable and meritorious consideration for what they receive, so many 
(k) Per ambulatione facienda.  walks taken to Westminster, and such attendances there that a Porter would scarce take the pains for 5 s. that if some have too much, others have too little, I confess it were a glorious thing rather to be 
(l) Optandum non expectandum.  wished then as yet to be hoped for, that Ministers, Counselors and Physicians being of such noble professions, would exact nothing if they had otherwise sufficient, 
(m) Ne videantur id vendere quod estimari nequeat.  lest they should seem to sell that which is invaluable, every man ought to give his Client 
(n) Bonum & fidele Consilium.  good and faithful Council which is inestimable for though the pains may, yet the fidelity cannot be required, I have known 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 requital must be in other Coin by a thankful recognition, or by helping him to other Clients, He that lends me a Horse which proves so swift of foot that I escape from the enemy, though I pay the horse hire, I am still engaged to the owner, if by God's blessing upon the Physicians means a man recover of a dangerous sickness, health is a Jewel and invaluable, and if not the gift of the Holy Ghost, much less can the spirit itself be purchased; But yet some encouragement there must be as a spur to Learning, and what disparagement is it that a Horse will not go without a spur? And in such ●ase the Protestants beyond Sea; and the best Politicians have allowed certainties as much as may be, as being the mother of quietness, and that which prevents adulation and emulation.  
It is conceived by many, that it is maintenance, and consequently punishable to speak unassigned without a Fee, and that a Lawyer may not speak in his own cause, which are certainly errors, for it may be I may know the Client to be poor, and it is Charity to assist him which cannot help himself, 
Quilibet potest renunciare juri pro se intr●ducto.  besides it is a rule in Law, that every man may renounce his own benef t, And that a man should not speak for himself is against the Law of nature, Speech and Reason being given to man to glorify God and vindicate his own innocence, therefore what ever politic considerations may be Counterpleaded (as indeed our Law in many things is rather Politic then moral) as that if one may speak then all, and so confusion at the Bar, and that men will speak too passionately in their own cases, yet these being the indispensable Laws of Nature and Charity, over which there is no humane power, if the Law be so it ought to be altered, as it is resolved in the Earl of Leicester's Case, 
●lowd●ns ●oument.  that an Act of Parliament against the Law of God and nature is void, but this must be cautiously understood, that I speak not of secondary and less principal Laws of nature; w●ich are not obvious to vulgar understandings, I confess the Law is a great enemy to maintenance and imbraceary as being incendiaries giving fuel to all suits like that Pirracorax a Cornish Chough which carries fire-stickes from ground (where fire is made to make it fruitful) to thatched houses and endangers all men.  
But to give council without a Fee must rather be a means to end Contentions, and I know no reason why I may not assist an english man as well as a stranger in Case of the Alien of Burgundy but to sell debts and maintain one another In all cases promiscuously, 
15 H, 7. 2.  is a different case, and insufferable. In the next Declamation against Lawyers there is an error at first, which like a thread misplaced runs awry through the whole piece, for though every generation of men be subject to corruption, yet to speak properly, the Council cannot be corrupted, or bribed, possibly the judge may, therefore to say that Lawyers were never in that height of corruption as now they are, this clause rather savouring of ignorance than malice; in strictness requires no other answer; But because custom is the Mistress that makes words significant rather as they are commonly taken, then by the Etymology, (though herein the ingenious Candour of the Law be very observable, that in ambiguous expression which admit of a double interpretation, the Law rather strives to heal then to hurt, as when one says of another he hath stolen his Apples, because it is indifferent whether they were growing and so part of his  which cannot be stolen, or gathered the words are not Actionable) therefore I take the charge as it is intended, or as the words import in common parlance I hold that to seek for Clients is as preposterous as for a woman to go a wooing, or a Physician to seek for Patients, indeed one of our Historians says that Sergeants had their stations in Paul's, certain afternoons in Term time, and every one kept his Pillar, which is either a Cripticall and dark authority, or for aught I know to the contrary might be meant by Searjeants' of the Mace, peeping after debtors, but however it were that was time immemorial, above the memory of any man lately living, And I cannot believe that Lawyers, for the generality had need to make such diligent scrutiny to find out Clients, for since Edw. the 3d time (who much honoured the profession as the Merchants grew rich so suits multiplied, for ill humours will breed in a replete body) the Law hath ever since in times of peace much flourished; but that pride should be objected against us, I marvel more and must needs say that a proud Lawyer is an unseemly thing, but then that which is pride, in such a one as myself who lie at Anchor, and bear no sale is peradventure but keeping distance in a great practiser.  
Truly Courtesy and Humility in all, specially in a Lawyer, Minister, and Physician is like a rich Chain about the neck of a Nobleman, the best ornament in his Chamber, though many rigid harsh men have gotten by the Law abundantly. I have thought sometimes that for such a man to hope for Clients, is as if a man should go to catch birds with a Drum, so caption, in receiving instructions, and unaccostable, certainly courtesy is the most precious Pearl that any man in authority can wear, for it buyeth men's hearts, and the greatest man in being courteous to his inferior loses no more than the sun doth in comparting his glorious beams, I have often thought that a stiff starched proud carriage is not only a sign of an adulterate Gentry, but a breach of the sixth Commandment, our good joseph's will not forget their poor brethren in their highest prosperity, much more reason has a Lawer to be courteous who receives a Fee from his Client.  
Concerning the largeness of Fees, I think it a misprision, or else such a rarity, that there is little danger it should be drawn into example, Fees being reduced to a convenient certainty, yet if any man will give 10 l. for a watch that may have one as serviceable for 50 s. who shall blame him? when I receive my Fee, I reckon that until I have done that which the Client expects, I am but his pursbearer, for there is a tacit Contract between the Council and Client, that such business shall be done as a consideration for the Fee, which in equity altars the property of the money, for when a Client brings 10 s. of his, it cannot become, not his, but by his consent or forfeiture; therefore if the Lawyer do not his endeavour to satisfy his Client's expectation (though in personal things, 
Quod meum est sine consensu aut defectu meo alienari non potest.  the Legal property follows the possession) yet the Evangelicall right is in the Client, for though we say give him his Fee, yet neither doth the Lawyer take it as a gift, nor the Client so bestow it, But he which makes his Client's cause his own, and lays it to heart as if it were really his own case, And the matter succeeds well; may comfortably take what the Client will freely give, but with this proviso (for so is my opinion for the present which I submit to my worthy masters, waiting for more light if it be an error in politics) that I would not have any man take a Fee from him that cannot spare it, I do not say that a man should not take his Fee unless he were in more need of it then the Client, for then rich Lawyers should have very few Clients,) but whereas none are admitted as paupers if worth 5 l. I could wish it might rather be unless they were worth 500 l. for can he that hath a family to maintain and not worth 100 l. afford to give Fees as they are generally taken, if 20 l. be due from a contentious rich man to a poor man that is not worth 20. 
Anglia familia plernmque ex Septem Gallica, ex Se● consistit.  l. besides, and hath six or seven in family, for this man to Commence a suit against his potent adversary. Is for a Lamb to contend with a Lion, And if it be feared that Men would be too Clamorous and never in quiet, it is easily Answered, that unless there be probable Cause of Suit, let him be punished for a false Clamour. I know several persons that have just debts owing them, some by Statutes, judgements, and other security, which are not able to pay Officers Fees to recover them, yet in great want, though peradventure worth in householdstuff above five pounds, yet never the nearer; for an extant upon a Bond of 200. li. will cost 7. li. 10. s. to the Sheriff to serve it, truly it is greatly to be wished that there might for the present be some new mixed Court erected for the out Parishes and Suburbs that poor men might recover their just debts, and have justice for the expense of five shillings at the most, for what a sad thing is it that a poor man cannot sue for his wages, for a matter of 20. 
Ne altar alteri Cedat.  s. but it will cost him forty in the getting of it. But if wealthy men list to be litigious, and will contend lest one should yield to the other, no man of competent understanding will blame us for taking our Fees, but with this caution (for truly I must add one grain of Salt for weight and relish,) The Client I look upon as a sick man, distempered, passionate, wilful, and extremely in love with his own cause what ever it be, and many times the best advice to a resolute Client, is but as a good lesson set to a lute out of tune for affections praeingaged draw away the judgement. Now the Councillor in the least measure ought not to feed the Corrupt, and Peccant humour, for that is not to act the honest Lawyer, but the flattering Courtier, who steers his advice by the Star of his Prince's inclination, as our adversary Satan works upon our fancies, and the wind makes the water's rage, nor is it enough to tell the Client faintly, that he doubts his Cause, but will do the best he can, 
As the Germane Host in Erasmus, aliud quaeras diversorium.  but to deal freely with him, Sir; thus I would do if it were my own case, if you will not follow my advice, go to another, you are in a Fever, and must not eat and drink after your own appetite I assure you thereiss great difference between one Councillor and another therefore the precious aught to be distinguished from others, the Shepherd and the Butcher look upon the Mutton with a different eye, the one to do him good, the other to eat him, the Client retains too Council, the one cares not for the cause further than he may gain by it, how ever it succeeds he deserves little in Conscience; the other desires the Client may have his right, and what is given him freely he accepts contentedly, but to speak truth, many times the Clients deserve the blame, and not we, for they conceal the worst of their cause, and so for want of a true confession as the Priest says, the absolution is worth nothing, for proof being the Chariot which carries the Judge to give sentence, how can the Council tell what the success of a difference will be; which Answers a common Cavil, that Lawyers will be of any side, and there is but one side true, the truth lies many times in such a deep well, 
Vix est contenta doceri.  that every Lawyer hath not a Bucket to draw, Titles of Law are very difficult perplexed, knotty cases which will hardly be made plain, the Judge hath one ear for the plaintiff, another for the Defendant, but the Council hath both ears for his Client, yet so as if he can discover the injustice of his Clients Cause, (and many times light may be seen at a little hole) I am persuaded many of our great practisers will not maintain him in it, 
Deceptio visus.  for truly to speak well in a bad cause is but to go to Hell with a little better grace without repentance, it is but a kind of juggling by an over curious flourish to make a shadow seem a substance, if any of my profession think they may for their Fee maintain a side which they think is dishonest (because in dark times of Popery such opinions have been held and distinctions invented, that if a man have right to Lands and mistake his Action in such case a man may with a good conscience be of Counsel with the Defendant, though he know his Client have no right to the estate, (such popish evasions are abominable amongst Christians,) I would fain but ask them some such questions; whether the least evil may be done to procure the greatest good? and whether every particular calling must not yield to the General of Christianity? and whether a Christian may do any thing against the truth or must do every thing for the truth? and whether to be willingly instrumental to condemn the innocent, and to justify the wicked, be not both an abomination to the Lord? and whether he can Answer it at the Bar of Heaven, 
Cadere in causa.  that many a poor man should be undone and want food and raiment, because he found out some formality of Law or defect in the proceed, yet persuaded in his Conscience that the poor man had right to the thing in question; If any man practice upon such principals, I had rather be tongue tied or not know how to write my name. Rather be the Hall sweeper and should die with more comfort, but enough, I doubt not but good men will hear reason from their inferiors, 
Labour intu● erit.  now the Client must be admonished who will bring himself into a labyrinth do we what we can.  
Many have left their writings with me, and upon the perusal I have advised them not to embark in suits, how discontentedly have they gone away with Gouty hands as if I had been their professed Enemy? but speak pleasing words, tell them their cause is good, have honey in your mouth, and then money in the hand, another great fault in the Client is, 
Placentia.  that he will seldom take advice in the beginning, but the Bill, Articles, and Indentures, are drawn by some illiterate pretender to the Law, who hath one formilarie for all bargains, one Saddle for all Horses, 
Expectata di● seges all●sit avenis:  so many impertinent words that they engender 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 Council, with an oh Sir, if you, can but cure such a mistake, how thankful shall I be unto you but the foundation being sandy, all falls to the ground, and hope deferred makes the heart sad, 
I speak not against learned Precedents.  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. unless he have something to show for it in writing, 
Melior est justitia perveniens quam puniens.  which would prevent much perjury and subornation) if the parties contracting would advice with Council, to express their intentions according to Law, this would prevent numerous litigation●, and preventing justice is better than punishing, because there is no offence committed so that I profess the Client might purchase his quiet at a fare easier rate, than he does, were it not many times for his own perverseness, but in all professions and relations there must be some grains of allowance. Now I come to Answer that hearing a Charge, that it is not an unusual thing (therefore argumentatinely a usual thing) for a Lawyer to prevaricate, and Confederate with t●e adverse party, this is a pure libel without mixture or blemish, I dare say that all of us do as much in our judgements and practices, abhor all manner of Treachery as our bodies do in nature loath and detest poison, the purest fountain is not more free from mud, than the generality of our profession from perfidiousness. It is in Accusations many times as it is in griefs, 
L●●vs dolores etc. Sene●●.  great griefs are silent, when less are eloquent, this is a strange Giantlike 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 yourself to strike the Lords anointed, but I believe you did it not out of any ill will to me, but to gain applause, It shall be a Royal spirit to Condonate Anonimous, whom for my particular I look upon as some Malcontented Client that lost his wool in the Briars, through the injustice of his Cause or having been abused by some silly fellow whom he too much trusted, rails upon the Lawyers, it being natural to the Conquered to appeal to the people, 
Victi ●est provocare ad populum.  and therefore as Lewis the 11. that great tax-Master said we must give loser's leave to speak, so say I: but I hope there are few (if any) practisers now that prolong Causes to enrich themselves, for that is to add affliction to the afflicted, He that does so, builds upon the ruins & miseries of his Brother, that Physician or Chirurgeon which shall keep the wound raw, and torture the Patient to multiply his Fees, feeds upon raw flesh, And that Soldier which shall prolong the Wars to continue his pay lives upon the blood of poor Souls all which are hard meat, & must be vomited up again by faith in the blood of jesus 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 gravel, but I must hedge my way least strange questions should enter, we are called necessary evils, truly to speak properly no evil is necessary, because in respect of us it might have otherwise been, not having a necessary Cause but defective, but it seems he means that there is no more necessity of Lawyers in a Kingdom, than there is of Women who have been called necessary evils, for my own part; I love not to fish in troubled waters, much less Nero like to inflame others to warm myself, I hearty wish that therewere no need of us, further than 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 Politics, for it is rather an argument of a flourishing Kingdom, for wealth increasing, suits will arise; though I confess it is rather a dishonour to any state to have multiplicity of causeless contentions, and it is much to be wished that there were neither need of Lawyer, Physician, or Soldier, in the Kingdom, for if the King would discharge his trust, & every man deal honestly and no sickness, nor distempers, what Haltion days should we enjoy: But when will there be a perpetual spring? for as our bodies by reason of the continual expense of spirits have need of the Physician who is therefore to be honoured, so offences will be given, and differences be daily emergent, because right reason does not always manage 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 wear the garland, Fortescue observes it as a special benediction, upon judges and great practisers, that their Children prosper in the world, for the Generations of the righteous shall be blessed,, and Sir Edward Coke (the Phoebus 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 dimmed out eye sights) observes that Lawyers have been the founders of many of our eminent families. And is it not as honourable to get an estate honestly as to keep it? neither virtue nor vice is properly hereditary, what disparagement 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 been 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 judges and Masters of the robe, which have no title of honour as judges or Sergeants, no more than an Alderman hath as he is a Citizen, 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 been an easy matter for the judges of our Law to have adjudged themselves honourable, Additionall Titles and degrees being matters within the verge of their own Commission and jurisdiction, and not matter of heraldry, but if the King who hath ever been accounted the supreme fountain of honour, shall confer honour upon them, why should this be said an honouring of the whore? I look upon humility as an Usher of honour, and hope that every judge shall at the least hold by Barony, the place and office being full of state and Majesty, for if the habit of a judge be vocal and strikes a terror into the wicked, and incourages the welldoers (as the Seargeants' party coloured Robes Argue their abundance and variety of learning,) how much more a title of Lordship and why should not this be virgin honour? I dare say no profession hath more hated the whore than this of the Law, have they not in Egyptian times made a head and opposed Antichristian Courts; did not Mr. Greene of Lincolns-inn suffer Martyrdom for it, in Queen Mary's days. And with what Christian Courage did our worthy and learned Brethren Mr. Sherfield, and Mr. Pryn oppose the superstitious and Court vanities and the pride of the Bishops, the latter resisting unto blood never to be forgotten, and standing valiantly for our Laws by which we enjoy all that we have, But Anonimous is angry that many have got such great estates 10. or 12000. li. per Annum, the matter of fact I shall not dispute it, 
Faelix est cujus prosperitas est calcar pietati argentum bonum est non unde sis bonus sed facias bonum.  great estates lawfully acquired do not exclude any man from happiness, only make the way more craggy, for riches in our Saviour's time were like Thorns, and I think they are much of the same nature, I confess I doubt our great practisers find one main inconvenience, that they have scarce time enough to keep grace alive in the Soul by prayer, meditation and holy Conference, Spiritual Zeal (which is the seal of the Spirit) being often quenched (if not lost) in the throng and Crowd of overmuch temporal employments, which made them heretofore give advise upon the Lord's day, a bad Custom, for shall we take Fees on that day when Manna was not to be gathered upon the Sabbath? Every student of the Law hath great need to be a practiser of Divinity, much wisdom being required to walk in high places, As heavenly Doctor Sibb● would often say unto me, study the Law, but practise Divinity, he that advises or studies before himself hath been a Client at the Throne of Grace, It is not study but a studious vanity; Botero and Paruta two Italian Politicians to abate the edge of Avarice, 
Non est studium sed studiosa vanitas. Optima lex vetat peccatum,  finding how infinitely and immeasurably the Advocates and Merchants were addicted, to filthy lucre, propounded a Law, That no man should get above 20000. l. by his profession or occupation, which being acquired, he should either desist and give way to others or continue it for the public good, whereby no man should ever be guilty of Coveting more, because he might not keep it, I confess it is a very sad consideration to see how most men abuse their Callings, the end whereof is to serve God by serving men, he that employs his talon only to get honours profits and pleasures, profanes his calling, living to another end than God hath appointed him, 'tis true every man must labour in his calling to maintain his Family, but that is not the main scope and end of our lives the true end of life is to do service to God in serving men in our several stations, And for a recompense of this service God blesses men's honest travails, and allows them to take moderately for their labours according to the judgement of godly men, but I see it is a very hard thing to find a man that labours in his calling in love to God's glory and his brethren's good; Therefore a Writ which we have in Law will lie against many men another day, 
Contra formam ●●llationis. N. B. Accipe dum delet.  but I know no calling makes more for the happy state of the kingdom than the Law, and I am confident no profession so generous as ours in matter of recompense, the Minister wilb● at a certainty for his Tithes, and the Physician will take whilst it aches, (though I would entreat our honest Doctors to consider that for a poor sick man to give 10. s. for a Visit may be more grievous to him then the disease itself, 
I honour many of them for their worth & sweetness. ) you cannot take what and where you list upon credit, only you come into our studies, put your Case, leave your writings, come as often as you please and if you leave nothing we scorn to ask you, whereas beyond Sea you cannot peep into an Advocate's study but he cries give, give, and if the Cause go for his Client than he hath his Palmary Fee, 
Feodum Parl●●●rium.  in token of Victory, which I could wish were in use with us, for he that gains the cause may better afford to give 40. s. then the loser 10. s.  
Concerning our plead, This I say, that truth is the virtue of pleading, and certainty is the beauty and grace of pleading, and I know no difference between putting a Case and pleading it, but as Logic and Rhetoric the something mere largely expressed, yet I must agree that our plead are something difficult and hazardous, 
Palma pro pugne.  and therefore may it be called a Case at Common Law, for the casualty of the success, 
Casus a Casu.  but a cause in Chancery, for the clearness of the matter, Civilians challenge us for not admitting double pleas, saying we force a man to fight, and tie one hand behind him, as if an Infant Seal an obligation by dures, he cannot take advantage both of Infancy and dutes, by reason of duplicity, lest the Jury should be too much encumbered, which if the most intelligent Freeholders' were always impanelled might peradventure satisfy that scruple when Knights and Esquiors and the most Intelligent Gentlemen were Jurors the Kingdom was happy in this manner of trial, I wish it were reduced to the primitive practice, or that every County might elect substantial Jurors who in reason ought to have a competent allowance for their pains to serve annually for all matters, 
As in Alderman Langham and Colonel Waltons' cases  for though our Reverend Judges do their best (leading the Jury by the eye, and not by the Noses, giving them all possible light in doubtful matters,) yet it is commonly reported that very strong Verdicts have passed: And for our Colours in Writts of Assize and trespass and plurality of Essoines in real actions which are well remedied by trials in Ejectments yet remain difficult for the Client, where entryes are not congeable. And some complain that our proceed are not in our Mother tongue, a politic Law left to the wisdom of Parliament, as the Laws of France were in Latin until the time of Francis the first, who for a sum of money consented to have them written pleaded, and all the proceed in their own language; and that the subject should choose his own Counsel, till which none had Advocates but by the King's leave, 
h Per congee du Roy. jurisconsultus 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 judgement is entered concessum & consideratum est, another because consideratum or some other word is not rightly spelled Isay 29, 21. Obunum punctum perdit Martinus asellum.  There were in Rome, Some Jurisconsulti inferior to the Patron, Advocates, which only studied a Cabalasticall unknown formulary of words, in notes, and Cifers, which would pick a quarrel in every pleading brought unto them. Cicero called them hunters for syllables, worse than those that will make a man an Offender for a word, that would make a man lose his inheritance for want of a So, or a, thereof as Martin that laid his Ass was white lost the wager because his Advocate found one black hair 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 rub in the Alley of Justice, sent for him and told him that he owed his Baker 1000 Crowns, but was not willing to pay him till needs must, ask him how long he could delay it before Execution should issue against the Duke's estate, the Advocate told him that he could certainly delay him, at the least three years, And if his Council were not extraordinary subtle, he should get nothing at the last, what says the Duke is this sufferable? do not I acknowledge the debt to be just? whereupon he caused him (how justly I determine not) to be executed and excoriated, but the stream of our Law runs in a purer Channel.  
It hath been the great wisdom of several Parliaments, to remedy defects in plead, and I doubt not but in its due time it will be taken into mature consideration, to ripen causes for speedy trial, it being quick Justice cures the lingering consumption of a State.  
I doubt not but England shall flourish with Religion, and Justice; these two noble Virgins, shall be set upon the Throne hand in hand in perpetual Concord, I cannot but observe the nearness between Westminster-Hall and the Abbey, and this godly exercise every morning (a Sermon calculated directly for Lawyers and Clients) speaks out that Piety and Justice (Maugre all Antichristan opposition shall be married together with an indissoluble conjunction, but precipitions and rash justice must carefully be avoided 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 neck being on the block, the Conspirator that had plotted it being there disguised, said, hold, I am the man who was supposed to be 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 he 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 Turks minds, that so the difference be ended, it matters not much whether right be done or wrong, because a peace is made without expense of time or Coin, but all differences between 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 legal proceed be too circular, and tedious? I desire leave to speak to this question, whereof neither Clients nor Council are properly competent Judges the duty of the one being like good wax, to receive and retain the impression of faithful advice; 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, show d be the same. He that delights in suits, loves to be in a storm 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 faithful advice, casting about which way the Client may speedily receive justice. And the reverend Judges, when a certain thing is ripened for their judgements, they speedily pass a definitive sentence; and when they sit pronouncing judgement, me thinks I see a rich Cabinet of precious jewels opened, and admirable reasons expressed, for the full satisfaction of Counsel and Clients, which I cannot but mention for their honour, because beyond sea, the Judge will give no reason of his judgement, and the Sentence is passed in private, that so Judges may not incur the dangerous displeasure of the Client; whereas justice with us is publicly pronounced in the gates of our City. But do not Writs of Error immortalize suits? One says, that those wooden Angels which support Westminster Hall, are made of Irish oak, that no Spider of error should hang upon them. Another says, that in reason the error should be assigned before the Record be removed, because for the most part, the common error is only assigned, but this string must be 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 civilians allow days of grace to provide the money; whereas our proceed 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 endurance) the death of the party. To explicate myself, I must premise two things as undeniable verities; First, that no politic Law ought to contradict the Law of God, because only those may mar that can make, and Princes having no hand in the making of God's Laws, therefore may not dispense with them. Secondly, No humane Law ought to live any longer than the reason of it continues (for reason is the sou●e of all humane Laws without exception,) and therefore in ancient Kingdoms and States, many politic Laws will be fubject to alteration. Our Ancestors certainly were great husbands to make it death to steal a sheep, or a Pig worth above 12 d. though it be to satisfy hunger; for which by the strict rule of Law, he ought to die: And so it is, if any ready to starve, shall take a loaf of bread from a Baker, 
Lex moralis est vivens judicialis mortua solumin equitate ceremonialis mortifera.  which certainly is against the Law of God; for though the judicials of Moses are not obligatory to us, yet there is so much equity in them, and so many direct precepts for mercy, that no cruelty should be used amongst professed Christians, though it were in new Plantations, where there is more reason to make sharper Laws in the beginning. 
Lex dura at regni novitas me talia cogit, Died in V●rg.  At Geneva, and in New-england. Adultery is capital, with us it hath been standing in a cold sheet (a very difproportionable punishment for the flame of lust;) surely either their punishment is too heavy, or ours too light; but the constitution of Kingdoms and States is wisely to be considered; 
Matth. 19.9.  as also that place in Matthew, if the Adulterer were to die, what need any liberty to marry another? for then the civil Magistrate should by death dissolve the obligation: The Law is likewise defective, that after such a divorce the parties are not free nor the innocent party to make a new election, 
Ad alia con●●landa vota.  but must be necessitated to live in sin which no condition of life should bring a man into, being grounded upon a popish distinction, 
Separatio a th●roet mensa ●on a vinculo matrimonii.  between a separation from bed and board, and an absolute divorce from the bond of Matrimony. And truly that man of sin. Antichrist, wresting the Scriptures, to advance his insatiable Luxury, Avarice, and Luciferian pride, 
Ejus avaritiae totus non sufficit orbis ejus luxuriae meritrix non sufficit omnis.  prevailed with the most politic States of his religion, to make several Laws that might be as flowers for his garland, (Ecclesiastical and Civil Laws being so twisted together and interweaved as Web and Woof,) that the destruction of Antichrists Kingdom must of necessity cause a review of many Cases and opinions in our books, I speak not of principles and pillars or of the frame and constitution of our Law, but of secundary conclusions & superstructures which may by the wisdom of Parliament be changed or removed without in dangering the ground work, but with wonderful circumspection and serious deliberation, because reason is malleable and hath divers faces and many times its contrary reason, and is not equally evident to every man's Capacity, As the poor Widow said to a dear friend, if my husband had been justly put to death, it would not have so much grieved me, what says he hadst thou rather thy husband should die, nocently then innocently? So the Philosopher of his Wife if handsome pleasing, if deformed, honest, it was retored, if handsome in danger to be dishonest, if deformed loathsome; therefore that which we call the reason of Law is not every natural man's reason but a practical and studied experience acquired by much industry and long observation.  
In that case which I put of the divorce it is very necessary to settle some Law concerning marriages, for as I conceive many of the Pope's Cannons are yet in force amongst us, 
Tedi● vitae.  concerning that particular, that after a divorce, there may be liberty to marry again in the Lord, By the Law, if the Father through the tediousness of life kill himself (which is cause of grief sufficient to the poor Children) yet all the personal estate is forfeited to the King's Almoner a Popish Constitution, 
Dame Hales. Case Com. Stamford.  upon this ground that the King is supreme Ordinary, and will dispose of his estate for the good of his soul, and the poor Orfans left to beg, this is to add more weight to the oppressed, Nay if the Wife kill the Husband the pepsonall estate is forfeited from the Children; So in Leonard Sonir Case, 
11. Rep. 83. Gravatis addere gravamina.  the heir shall be in ward though he hath no estate left him, and the book Corfesses that affliction is added to the afflicted; for the preventing whereof and for the enfranchising of our Noble Gentry (for truly it is but a gentile Villeinage) I hope that COURT will be abolished before any further mischiefs happen, 
Villenagium gentile & fervile.  which hath been an eminent badge, and special livery of the Norman Conquest, the Conqueror to mix the English and Normans, manacled and constrained the will and consent in point of marriage which as the apple of Contention between man and wife hath tended to the destruction of many families, 
Durissimum est ut matrimonium non fit liberum unde nascantur liberi.  it being the hardest thing in the world, That marriage should not be free amongst free people, truly that I may speak my mind freely, as it is free of its own nature, I conceive there are many defects in our Law, both in matters Criminal on the Crown side, and Civil, As that witnesses should not be examined upon oath for the prisoner as well as for the King, that Counsel is not allowed as well for matter of life, as for estate, that so many men slayers escape upon the Law of man slaughter, I know by reason of the valour and heat of English spirits it has been an ancient Law: but upon serious consideration, I fear that the Land has been defiled with much blood by that means, not as yet washed off, indeed in case of an assault, the Law makes every man a Magistrate to defend himself, but to kill a man for a Box of the ear, or any man that I may save without manifest danger of my own life is death by all other Laws in Christendom, 
As murdedrum for murderum, seloniter for selinice, etc. Rep. 121.  but the Statute of stobbing is a most excellent Law, That a Murder or other grievous offender should escape for an error in the indictment, in a word or Letter is horrible, for Justice should be speedily executed upon Delinquents, the want whereof is many times an occasion of terrible enormities, So that if the Clerk or prosecutor will but insert one insensible word into the Indictment, A Ravillat or a Vaux may peradventure escape for the present, and then men are apt to say he was tried once and acquitted, and the prosecutors being discouraged seldom is any man further questioned, as in Lamb's Case who being indicted for Witchcraft for exercising certain devilish Arts, 
Artes veneficas non diabolicas.  exception was taken to the Indictment that it should have been veneficall Arts, the word Diabolical being too general, and many others that have been by the Jury found guilty of Murder and Capital offences, yet have escaped death by reason of some error in the Indictment, which how disagreeable to the sacred Scripture, I submit to better judgements, As for the Common Objection, that if the curiosity and exactness of plead should be neglected, ignorance and barbarism would soon be introduced, This puts me in mind of Savage Boners Argument, that if the Scripture should be in English, and Lay men have liberty to read and expound, the Husbandman would give over his calling, for fear he should look back, because it is written he that putteth his hand to the Plough, and looketh back, is not fit for the Kingdom of Heaven, And the Baker would use no Leaven, because a little Leven leavens the whole lump, 
Tantum no● bonus in Episcopatu.  whereunto Reverend Latimer answered, let us have it so until men be so grossly ignorant, and no longer, if it should please the wisdom of Parliament to ordain, that if a case be pleaded sufficiently for mat●er & substance that the right is most conspicious & evident, to the judgement of the Court, though there be some clerical error or misprision, yet the party shall have the fruit and benefit of his suit, or if there should be a law made that every defendant in all actions may plead the general issue and give the special matter in evidence, it would be a great ease and benefit for the Subject and why should not every man have as much ease in pleading his Cause, as Officers doing any thing concerning their Office? and as the Subject in informations of intrusion who have that liberty by Statutes, for since Justice is impartial, 
21. jac. 12. & 14.  (it being the honour of our Law, that justice is to be had against the King) why should not every man have as much freedom, in the means and way tending to Justice, as a any man whatsoever this I must say concerning defective plead, 
qui decrevis finem dec● media.  that in all reason the innocent Client ought not to suffer, the loss should rather lie upon the mistaker, be it Council, Atorney, or Clerk, who makes an implicte contract with the Kingdom, to have skill in his profession, and the Fee is a consideration of the Assumpsit, as the Law in Sicily is, where there are poisonous wells, if the Cattles drink there, the Shepherds that are hired to look to them must pay for them, because they die through their negligence, but if any error happen by the Client's misinformation, 
Bergieri.  he must bear his own burden, I know it will be said in the Case of theft, that Clergy is allowed for the the first offence, (which I think deserves consideration, whether it be not some kind of encouragement for men to transgress in that kind) but certainly the matter of Clergy is purely popish, 
Why not some other severe punishment though not mortal.  for in reason it is a greater offence for a Scholar that knows his duty, and the danger of the Law to offend, than an illiterate man that knows nothing in comparison, as in the levitical Law, a Bullock was required to make satisfaction for the Priest's sin, which a Kid or a pair of Pigeons would expiate for an ignorant man's transgression.  

●evit. 4.3.  All cruelty whatsoever amongst professed Christians, is diametrically opposite to the Gospel of grace, such as domineering and ruling over the bodies of our Brethren, as we say proverbially make dice of his bones, the meaning whereof is, that if a Prisoner die in Execution after the Crowner has viewed his body, the Creditor hath Dice delivered him at the Crown Office as being all that he is likely to have, it cannot be presumed that the Keeper desires the death of the prisoner, for he gains by his life, does not therefore the Law presume malice in the creditor? or else why is the crowner more troubled then for the death of any other man? And yet if any in whose custody they are, be so merciful and tenderhearted, as to connive a little at their going abroad, the Creditor complains against him, such Enemies are men, not only to their spiritual but temporal estates, to which purpose I doubt not but the humble Petition and printed Remonstrance of the many distressed prisoners for debt will be taken into consideration by our ever to be honoured worthies and sages in Parliament; who either have estates to satisfy (which is hard to imagine, that any man should be so desperate & shameless to suffer such a linger death by perpetual endurance, if possibly he could help it, nor would the Creditor irrevocably by electing the body discharge the estate if he knew of any, though it is to be wished that creditors were enabled to  the estate, & strictly to examine the debtor, & all suspected trusties upon Oath: for the discovery thereof, who in Case of forswearing aught to be severely punished, which course might cure that panic fear of concealing estates; or else they are not able to pay; & so enforced to an impossibility, the party punished, yet the debt still increasing, like that mountain of Brimstone near Naples, ever burning, never consuming, a very emblem of Gehenna; 
Suefaterra  which I the rather presume to mention: because I know it is the foulest blot in the tables of our Law, and of all objections which English Gentlemen (who travail to enrich their minds) meet with. the hardest to be answered.  
One thing I shall humbly propound to judicious considerations, whether it be not as an image in the bed of David to enter an action in the inferior Court, and when the party expects a trial, 
1. Sam. 19.13.  then to have it removed and drawn into another Court, why should not the party as well swear the cause of action to arise within the liberty aswell as the defendant were his discharge? in an Action of debt brought upon a Bond in London, 
Ad aliud examen.  the defendant may not have the liberty to plead a release or payment in Yorkshire according to? H. the 4. and the statute of foreign vouchers extending not to it being a personal Action, I see no reason, but whatsoever suit is legally Commenced in London or else where that it should be removed for no cause but merely for delay: 
As in a Court of Pipowders the plaintiff must swear that the contract was made in the time and jurisdiction of the fare.  is such a practice that I am confident admits no parallel; I know writs of error and appeals from one Court to another upon allegations of error and precipitance in judgement are usual, but whether appeals to the Judge's delegates in ordinary matter; testamentary when a difinitive sentence has been pronounced by a most learned experienced Judge, are not more common than commendable I make a quere of it, and wish that the malice of Clients might be more obviated than it has been, but that a man should enter his Action and proceed in it, and be made believe that he shall have speedy justice, and when the Jury is summoned, Council Feed, and all charges disbursed, but for entering the Judgement; then to draw this business away at the pleasure of him that owes the money, cannot hold the weight of one grain in the balance of reason; if inferior Judges are not fit to be trusted with matters above five pounds, or such inconsiderable sums let the business never be brought before them, and this calls to my remembrance how a Gentleman was Arrested for 1500. l. the day that he was to be married without any coulorable cause of Action spitefully to hinder the match, and was not able to put in bail, but the party being nonsuit the Gentleman had as I remember but 7 s. 2 d. cost, lost his monies and indeed himself by it, for I know it was the occasion of his utter undoing, Answerable to this abuse is the Bill of Middlesex. A man that is Canibally given, may devour the credit of five hundred men, arresting them for five thousand a piece, never declare and yet pay no costs, though the party Arrested had better have paid 500 l. that its commonly said, I'll bestow a Bill of Mid. upon such a man to stay him in Town, that I may have his company into the Country when I go down, and when costs are paid I see they are so small that he that sues for a debt of 10. l. gains but little by the bargain besides his will whereas it stands with more proportion of reason that he that spends 10. l. in a just cause should have 20. l. allowed him, for he that has but any ordinary employment shall hinder himself at least 10. l. in neglecting his trade or profession, but should full Costs be paid, peradventure there should not be so many suits Commenced may some say, though truly I think rather more, and I am persuaded that if Causes were sooner ended that both Lawyers, Attorneys and Solicitors might get more money than they do, for many have been loath to begin suits because they were spun out to such a length, and others would make a shift for money if there might be a speedy hearing upon the merits of the Cause which are not able to maintain a circular proceeding, these Solicitors are strangers and unknown to the Records of our Law, but though it pleased a Lord Keeper to compare them to the Grasshoppers of Egypt that devoured the whole Land, many of them being grown rich: yet truly in right reason if they be honest men, (as all of them are for any thing I know to the contrary) I know nothing in right reason that can be said against their profession, I believe they are very useful to the Client, and assisting to the Council, who many times in long businesses sees much by their spectacles, not having time to peruse depositions.  
I conceive that in this time of Reformation the Scripture being the Touchstone of all humane actions, 
It is an honour for gold to come to the touchstone Scriptura est Lapis lidius omnium humanarum actionum. Bracton Britton, Glanvill etc. being rather ornaments, than Authorities. Lex est rerum divinarum & humanarum scientia.  it would be an excellent service to the Kingdom for some grave judicious man who is Learned in our Laws, and well read in the holy Scriptures, to set down all the Law Cases in our books, which are either properly and directly, or collaterally and obliquely contrary or repugnant to the Law of God; which must be done by reading all our legal authorities, beginning at 1. Edward 3. And ending at the jurisdiction of Courts lately published, and comparing humane reason, (whereof our Law is in most things the quintessence) with the Divine reason of Law and Gospel, for Law is the science of things humane and Divine, wherein my meaning is that for every judgement in Law, that a Divine can object nothing against it, from any express text nor by necessary conclusions and deductions, That is a good Law and may justly be called the Law of God, put in execution by men, for it is not to be expected that there should be an express Text in Scripture for every maxim or Canon of Law, but it is sufficient that there is nothing in Scripture that doth contradict it, there being general rules in Scripture appliable to every Kingdom and Society of men, for their happy government, direction and perpetual guidance in the way to heaven, which being done the difference observed to be humbly presented to the most High Court of Parliament, to do therein what they in their sublime wisdom shall think to be most conducible to the public good, which is the white and Butt whereat they have leveled all the shafts of their indefatigable endeavours. Which expressions I could not omit without manifest injustice towards our Parliament Worthies, our most Noble Lords, and the Honourable Commons, who like the heavenly bodies have had little rest now for these 5. years, therefore deserve much veneration.  
This work requires an entire man without other diversions, 
Totum hominem & mixtum hominem.  and a mixed man both a Divine and a Lawyer, which though in an eminent and intense degree are peradventure hardly concurrent, yet in a competent measure and more remiss degree, there are of our profession that are learned in the Law of God as amongst the Jews, 
2 Chro. 19.8.  the Levites were Common Lawyers; though the reason of that was because the Scriptures were the positive Laws of the Jews, not that callings ought in a popular Kingdom to be combined, but that Religion is a necessary study for a Lawyer, because the Law of God is one principle ground of the Law of England; 
Dr. & student fro. Sedes misericordiae best beseeming christians.  As for the High and Honourable Court of Chancel which is like a grain of Powder, in the Eye of Anonineus it is of such singular advantage to the Kingdom, that I hold it superfluous to say much about it, it is the chief seat of mercy, therefore to be advanced before all Courts of ordinary Justice.  
I conceive equity is pure Civil Law, either suppletive where Law is defective, or Corrective where the Law is too rigid the constant practice being that where there is any remedy at Law, the Bill is dismissed; but what Causes are within the jurisdiction and cognisance of this Court, is no easy matter to determine, it is in its original institution a magazine of right and Justice, like the good Emperor's Court, from whose presence no man should departed sad: we read of many Chancellors before the Norman invasion, but I do not find that ever the King's Bench did reverse errors of Chancery; but for that part which is not of record but to be relieved in equity, Anonymous mistakes like a Nonitiat● that knows not our Law Antiquities, it is very true that until Common Lawyers were made Chancellors about Hen. 8. time, this Court was not so full of business, and afterwards Equity began to be spun with such a fine thread, that none but the eye of a Chancellor could discern it, as Bacon (the Chrisostome of our Law in his time) was wont to say; Conscionable equity being converted into politic equity, for I have heard that when Clergy men were Chancellors they decreed matters according to that Evangelicall rule, of doing to others as we would be done unto ourselves, that if any man had over reached another in bargaining by getting that for 50. l. which was worth 100 l. it being against the rule of Charity, or if a man had lost any considerable part of his estate at play, there being no meritorious consideration for it, or if a man had contracted for a year to give 20. l. Rent for a House, 
Major est bestilitas Dei quam hominis.  wherein he could not inhabit by reason of the Pestilence, which is a divine hostility, like to a time of War, or if I.S. take a Lease for a year at 20. l. Rent, and the ground prove barren, so that he cannot by all his labour make 10. l. of it, in many such like Cases the Chancery afforded Convenable relief according to the words of the Statute, no man is to departed from the Chancery without remedy: for the Chancellors, judicial power is absolute the special foundation & erection whereof is by Statute which Cases compared with the present, 
Nemo reted a Cantellaria et sine remedio.  I humbly conceive (with submission to better judgements) that the weight of the objection ratherlies in the other balance of defect, that for politic considerations many matters are dismissed without relief, 
9 E. 4. 15.  which should in conscience have been relieved, as in the former instances, if a foole sell Land worth 1000 l. to I. S. for 300. l. if the Chancery should redress this; would not this destroy Contracts? I conceive not, for though it is not possible to set an exact mathematical price upon every thing yet no man ought to buy any thing for less than half the worth of it, hath not I S. an erroneous Conscience in that particular, why then should it not be rectified, to make him give above 500 l. or to Relinquish, the bargain, I confess I cannot see any reason why foolish contracts specially when an Idiot shall sell a great estate for a song, should not be rectified in equity, though the contract cannot be nullified in Law, by reason of a maxim that no man shall stultify himself, for all men that are 21. are not able to contract with old Usurers; but how senseless is it that a youth at 14. 
It were to be wished that men were not of age with us till 25 many men being undone between 21. and 25. by suretyship and foolish bargains as the Law is in all other places save Normandy.  and a girl at 12. without their Parents consent, shall have power to dispose of themselves in marriage, (which of all the turn and wind of this life is the most important) and yet cannot before 21. give away a point or a row of pinns; it would be an excellent politic Law, that none should dispose of themselves in that kind till their full age without consent and approbation of their nearest friends, the Civilian gives no man power to alienate his estate until he be 25. and then if it be not sold for half the worth, the bargain is nullified, so in the other case of play it is objected that there was a hazard and the winner might aswell have lost, I Answer, that's but a Utopian consideration a possibility which never comes into Act but the Law of Conscience requires a real and valuable consideration, 
Va●a potentia.  In the other case it will be said, that Contracts must be inviolably observed, I answer that in these civil matters men must be constrained to deal like Christians, and if Anonymous mean that in Case a man be drawn into a judgement of 100 
In the late case of Neriah the jew. Nobilis vir johanes Seldenius inter Scholasticos quos audi●i per t●tam Europam Anglorum celeberimus. Premiare ultra condignum punire citra.  l. where 10. is not due, that he would not have the Chancery to relief him, and to rectify the Plaintiffs erroneous conscience, it argues that he hath no Conscience, or a Cauterised one, and He must be redargued for a little sauciness that calls that boldness, which deserves the name of the goodness of Chancery; abundantly manifested in doing execution upon a Judgement of 7. or 800. l. given for Tobacco not worth 30. l. I know the Chancery is to supply the Law and not to subvert it, and as that worthy Esquire one of the fairest flowers in the Garland of our profession for excellent learning in his learned manuscript concerning the Chancery, writes that in this court conscience ought so to be regarded that the law ought not to be neglected yet as in Criminal Causes every Justice when the matter is doubtful, is then most honourably seated when he gives mercy the upper hand, so in equitable matters when the Cause is ambiguous, that Law and Equity cannot meet in some third in a moderation of extremity, let Conscience take place as most worthy.  
As for that instance of the Amicable case, it is a mistake, 
Casus pro amic●.  for if the demandant or plaintiff have not clear cause of suit, the libel and proceed are dismissed, for in the beginning of the suit the Law favours the plaintiffs (not with personal but legal favours) as being presumed that the man has wrong, done him, or else he would not begin a suit; 
9 H. 7.  in the middle of the suit the Law favours the defendant, giving him time to make his legal defence, 

Non liquet. Casus pinguis like our worthy Sergeant's Case.  
Bertoldus suspendatur quacunque a●bore placuerit, nulla arbor mihi placet.  
Lego totum statum meum Jesuistis & filio meo quicquid eis placuerit. In dubijs quod minimum est sequimur at ●ix.  
Fiat expositio in favorem legatarij at Tholose, Judicio dei relinquitur at Paris.  
Secundum scientiam secundum conscientiam secundum justitiam.   In the end it favours neither: but in things doubt full possessions are never disturbed as presuming every man honest till the contrary he proved.  
But this puts me in mind of a recreation which they have upon some festivities or after some solemn arguments to recreate the spirits of the Judges and Advocates, which they call a Fat Case, as that of Bertoldus the French Kings Jester, that being sentenced to die obtained favour to be hanged on what Tree he pleased, and then said, no tree pleases me, And that of the Duke of Ossuna Vice Roy of Naples, the cunning Jesuits had inveigled a rich man to leave his estate of 10000 l. to them and his son to their tuition, the words were, I bequeath my whole estate to the Jesuits, and to my son what they please, the Duke asked them what they would allow the son, they answered, 1000 l. then says the Duke the son shall have 9000 l. because so much pleases you and you 1000 l. and that parisians and to my sons. I give achascun deux cens livres this was first resolved to be but 100 linres' b●cause in doubtful things the least is taken, next it was resolved 200. Thirdly, it was left doubtful to the judgement of Heaven, for the poor French men complain of the multiplicity of appeals that one Court will Judge according to science, another according to Conscience, and a third according to Justice, and that ambiguous case of the three Rings, A man settle his Land upon that Child, which shall have a certain gold Ring, which was for many years enjoyed accordingly, at last one discreet Father bearing an equal affection to his three Sons, caused a skilful Artificer to make two other Rings, for weight, matter, and form, so exactly alike, that the true Ring could not be distinguished and gave unto each son a Ring, who after his death went to Law for the estate, but the right to this day cannot be determined, with many other ingenious Cases wherein the Civilians abound but in this sense too much honey is not good.  
I know the swelling of any Court above the banks, is like a deluge or an inundation of waters prodigious to a Kingdom, the other Courts must needs suffer, as when the spleen is in the Tide, the other parts are in the Ebb: but blessed be God, there is a musical concordance and sweet harmoney between our Courts of Law and equity, 
Sicut manus manum juvat.  our Courts of Justice are all Sisters as the Muses were that do not encroach upon, but are helpful to one another, as one hand helps another.  
Concerning Delatory proceed if Anonymous knew what tedious protractions the Subjects in F●ance, and other Kingdoms suffer under, he would not be so impatient: King james in that Speech of his in Starchamber, 1614 promised to expunge all unnecessary delays, and Ceremonial formalities which were adversaries to the procuring of a speedy & well grounded Justice, and truly it is much to be wished that right might be had at a cheaper rate, that Justice in all Courts might pass at an easier charge, that those weeds of needless charge, and brambles of expense that grow about the vine of Justice might be plucked up and rooted out, as fare as possible might be, that the Client might have that for 6. d. for which he pays 12. d. and blessed be God for hopeful beginnings, since these right honourable and right worthy Commissioners for the Great Seal have come in justice hath run in a more fluent stream, and purer channel, not dropped as formerly, in two or three Terms the matter is ended unless the course of the Court be interrupted by circular motions, which many times makes such a diversion, that it is hard to reduce it to a regular proceeding, for at the Bar too much is manytimes spoken, but not enough whatsoever tends to the victory in way of verity is to be spoken for the Client, and no more when men come to fight they brave it not but strike at the heart, let not an impertinent word be used in a Court of Justice, if no motion might be heard unless the otherside had notice of the intention to move, it might advantage both parties certainly, but the most ancient & honourable Courts are not without grey hairs, 
As the Germane inventor of Guns told Apollo it was that none should dare to make Wars  I wish all Copies might contain 20. lines in every sheet to be written orderly and unwastfully, I have often thought that the wideness of the lines was, that the parties might meet and agree finding copies so chargeable and I conceive no answer ought to be referred as insufficient without showing some particular point of the defect, and why should not Bills be dismissed of course without motion; some other practices fall under consideration, as common Recoveries, what necessity there is of them, why a Fine may not aswell serve to cut off reversions? next whether in conscience the will of the donor ought to be violated? then for collateral Warranties, why should not the strongest presumptions give place to the weakest proofs? we read of those that have sworn themselves to be Whores to disinherit their own issue. And for Out lawries why should the personal Estate be forfeited, more reason to seize upon it for the debt; the profits of the Land forfeited till a Feoffment be made & the King's hand amoved and yet the Outlawry remains, and how easily are Outlawries reversed? and what fruit has the party of all his labour. A man borrows one thousand pound and purchases Land, and dies, the heir before his Father be cold makes a Conveyance? now the land is discharged from payment of debts. Why is the heir bound unless the Land be chargeable after an alienation? other things are yet amiss in matters testimentary and matrimonial: in charity a man meddles with the goods of an intestate to see him buried upon pleading that he was never Exector, I know not how fare a man may suffer in that case, why should not our common Law Judges determine legacies for goods, as well as for lands? Why may not a Legatee bring an Action of Debt against the Executor, as well as a Creditor? why may not our Judges determine what is a Contract of Marriage, as well as other Contracts; but let no man despise the day of small things: for my own part when I consider the noble propensity in our right Honourable Commissioners, and the Honourable the Master of the Rolls (whose names for their unwearied pains, and extraordinary diligence, in the judicious and faithful discharge of those great places of trust committed unto them, so much conducing to public security, will be honoured and renowned to all posterity) to expedite matters in difference, ask the counsel many times, will your Client refer the matter, telling us that they cannot endure trifling, and niceties. I rejoice at that spirit of Reformation which I see orient in that court, and much marvel that causes should depend half so long as they do, so true is it that negotiations are easily dispatched by many, and it is no small security to the Kingdom, that the seal is entrusted into so many safe hands, for if the mole of Chancery, lay upon the shoulder of one ATLAS, he would find it weight enough to support, and I have often thought that if it were possible a Chancellor or Lord Keeper should not have only infallibility (because his assertion is of Pythagorical authority, and that for the greatest estate in the Kingdom upon suggestion of a Trust, but likewise impeccability, lest he should do any thing against conscience, yet notwithstanding if the wisdom of Parliament (in whom the public Judgement of state is lodged) should confer that honourable charge upon one as formerly, no doubt whom God calls to any place he gives ability to discharge it, for when God places any man in the Chair of Justice, he never puts himself besides the Cushion, specially when Gods favourites are made Judges he is with them in the Judgement, but of that more hereafter.  
Concerning Bills of Chancery, true it is that many times more is demanded then is due, that so the just debt may be confessed, but in reason why should not the Plaintiff put in his Bill upon oath? had not custom incorporated many formalities and solemnities into our Courts of Justice, many of them would scarce hold weight in the balance of the Sanctuary, but fare be it from any honest man to maintain an old error against a new discovery of truth. Truly I think it was to be wished, 
Civilians call it less property, Juramentum calumniae.  that the oath of integrity might betaken by every Councillor, and Attorney, never to set a hand to any Bill or writing, not to speak any thing for the Client, but what they verily believe in their Conscience to be just and true, this is practised in most parts of Christendom, and some states make the advocates to discover any thing that they know, which may advance justice though it be against their own Clients but of that I make a Quere, but our Law seems 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 year and a day, and to practise no more. The learned Sergeants, are sworn not to maintain or defend any tort or falsity sciently, 
See the Sergeant's 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 Sergeants be sworn, 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 Solicitors that look at the merits and justice of the Cause, and desire rather verity than victory in their undertake, For my part, when any body cometh to advise with me, about Commencing a Suit in Law, I begin to tremble, and bid him first examine his own Conscience seriously, whether he have been wronged, and that in a considerable matter? for I would not have Christians go to Law for trifles, 
Totus in serment●.  my meaning is unless the thing recovered will quit the Cost, to provide a Conserve of Westminster Hall Wormwood, and to be of a leavened Spirit for every trespass, 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 go to Law for small matters did Jesus Christ write our sins in the Dust, and shall we write every unkindness in Marble? Secondly, whether he would not have done so to others as is done to him, than I advise him to use all means of peace, and all urbanity, before he do address himself to a wager of Law, as knowing that going to Law is like a labyrinth, the ingress very easy, but the egress very difficult; or like two encountering 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, unless he will accept it, he will make him spend another hundred, and hold him in suit with his own money, and then it may be he may get 120 in conclusion. And thirdly, I ask my Client whether he can go to Law in love, which I find to be a very difficult thing, which being premised, no doubt God calls a man to go to Law to recover his right, as well as a kingdom to defend their Laws 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 another's right. It was so in the case of the Israelites and the Canaanites, joshua 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 fare in the right, that the main or many streams of our Law issued and flowed from the Normans, some veins from the Saxons, and many maxims and rules from Sicily, as might appear in a manuscript which one Master Pettit employed by the Earl of Arundel to purchase Antiquities in foreign parts acquainted me with. In the lesser customary of Normandy, you may read in substance the two first Books of Littleton, and to speak truth, what ever is excellent in our Laws, we have taken the cream of it from them, and thereof composed ours; and as our language is most accurate and refined, so is our Law a most complete 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 Chief Justice to Hen: 6. and after Chancellor, when Hen: 6. was driven into Scotland.  it excludes all vice, and teaches all virtue, who would not fight to defend such a Law? Fortescue gives a high commendation of it, and says all mankind should have been governed by the Laws of England if Adam had not sinned in Paradise, and herein our Laws must needs exceed the Imperial Roman Laws which were made by the Emperor's Counselors, 
Actu vel potentia ut Evani Adamo antequam plasmaretur.  because ours are made by general consent in Parliament; that I may most truly say that the Laws of England are either actually, or potentially, the best in the world, because if any thing be amiss, the Parliament may reform 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 Denmark, who have just power enough by Law, for by the salutary advice and consent of Parliament, they may enact such Laws as may make a people happy. Oh happy England, if we knew our own happiness; 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 grows, the people drink water; and is it not an admirable thing, that we should buy a quart of wine for less than the Natives whence it comes; a quantity of every bushel of their corn, every housekeeper forced to take such a quantity of Salt at five times more than the worth of it. The land fare richer than ours, yet the people five times poorer than with us, the Soldiers constantly take what they please; the Countrymen and yeomen upon the matter go almost naked upon the work days, in a hempen doublet on holy days: if any man have got a supposed stock 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, than 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 happiness that seldom any of their adversaries are long lived. And if the proofs be not clear against a rich man, the Prince will hear the matter in his Chamber, and condemn him, and he is privately in the night time cast into some River, or burnt, and the poor soul says, he is glad he has a life to lose for his Prince's pleasure.  
But what means this murmuring, that Taxes are multiplied? Vain and miserable men, truly miserable both in soul and in body, that indeed have no money, because the money has them; he is the truly miserable man, that loves his money better than his soul, for the servant of God is master of his estate: when a Kingdom lies a bleeding, who would not willingly lose a year 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 arm or a leg to save the body natural; shall any man be unwilling to part with a little wool to preserve the body Politic? It may be one reason why so many have taken up Arms to destroy the Law, and to poison the very fountain of all lawful 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 Civil Law; for that would be absurd, as to say the Catholic Church of Rome, besides every Kingdom has a municipicall common Law, but by way of excellency, as David was called the King superlatively and the Book of books, the Bible, and the four Courts of Record at Westminster are called the King's Courts by way of eminency.  
Less than this a Lawyer cannot say for himself, because no man must exercise any profession, 
Hone●●um & utile. Ineptio instrumenti fastidit artificem. Debilitas mucronis reddit ignavum militem.  but what is honest and profitable for the Commonweal, the unhansomnesse of the instrument is grievous to the Artificer; it makes a soldier sluggish, and shames him to have a blunt sword, and as I heard a worthy Divine lately say, if believing be so precious, how precious are believers? So say I, if the Law be honourable, surely the Lawyers must be highly esteemed.  
Me thinks Lawyers may be called representative Warriors, for the lives and Patrimonies of our Clients are by us defended at the Bar, by reason man's chief excellency: and though the Soldier's 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 be sheathed: now that for whose sake any thing is made, is more worthy than the thing so made, whence it is, that the weakest body is more worthy than the most costly raiment; for which reason the presidential Nobles (unless there be a duplicity of honour, 
By 31 Hen. 8. the Chancellor placed before the Constable and Martial.  where the originary and accidental honours meet together) precede the military Nobles. So in Physic, though the subject about which Physicians are conversant is more noble than the Lawyer's subject (health being to be preferred before all pecuniary respects) yet Lawyers are reckoned to precede them. Nay Divinity which I look upon as the grace and glory of all other Sciences (all being but cyphers without the salvation of a man's soul) 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 Lawyer's subject, is more necessary than either Divinity or Physic, 
Ingenious sir John Davies in his eloquent Epistle to the Irish reports.  as without which no Kingdom can subsist one day: We see Heathen kingdoms subsist without Religion, and you may imagine a Kingdom to subsist without Physicians, 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 politic●.  which is the commensurate rule of Justice, and consequently Lawyers which are the Ministers, Servants, and Secretaries of justice the Queen and Empress of all other moral virtues, which is as absolutely necessary as the Sun; for should the Law be suspended but one night, nay, should justice (which is the soul of the Kingdom) depart but one minute, the Kingdom would be destroyed, all humane society dissolved; for then every man might do as he list, and scarce a man but hat● some enemy or other that would presently kill him; and that is the reason that the Sagest politicians always look 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 Theme of justice whereof before I treat: I entreat leave to speak of one Remora and great Hindrance which is multiplicity of business 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 he has to say, and then the Client murmurs that the business is not done and the Counsel for several attendances (specially having no other business there) peradventure expects new Fees; therefore it were greatly to be wished, that every man if it were possible might be heard every day what he has to say for his Client, at least, that no man having been heard once, should move again, till every one hath had his Motion; otherwise, a young Practiser may peradventure scarce make a Motion till the last day of a Term: but if the Court would please where they leave hearing, there to begin the next day, the Client might know when his business should be dispatched.  
I would feign propound a question to all rational men of public spirits, whether a Writ of conscionable division does not lie 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 half a hundred? I am sure it has ever been condemned; for as great an error in politics, as pluralities which were abhorred, even by that Trentine, or rather Tridentine Counsel as being a great discouragement to the professors, and dishonour to the profession; sure it is, that as all Clients have an equal interest in the Court, one as much as any other justice knowing neither father nor mother; so all practisers are equally invited to the Bar, the Courts of justice, being like a great Prince that keeps open house for all, and makes a general invitation.  
Observing in Italy how careful the Potestates and Judges were to hear every Advocate according to their Seniorities successively; I thought there was much beauty and a sweet order in it: and one of them understanding that in our Courts of justice one man is retained five or six times for another's once; he answered, that is all one, as if one man at a Feast should devour five or six dishes, and not let the other guests to taste of them. I have often marvelled why the Law that made such a respective privity and subordinate relation between the Ordinary, and the Clerk, should make none between the Judge and the Counsel, the Bishop called the Clerk brother, upon this presumption; that their office for substance was the same, serving both one Master, and aiming at the same thing, the welfare of the people's souls. Now certainly the reverend Judges and the Practisers ought to mind the same thing, and aim at the same mark which is the White of Justice; The Judge in executing justice the Counsel in requiring justice, for the Law is declared and executed upon the request of the Lawyer; if any be otherwise minded that cares not for justice further than he may get applause and practice, he deserves not the name of a Counsellor, 
But as the Profession is no honour to him, so let not him be any dishonour to the Profession.  a concealer, or a worse name if you please better befits him. But why then may not the reverend Judges be said as it were to be Fathers of the Counsellors? who may not bestow all their favours upon one child, though never so virtues; but rather like the Sun, dart the beams of audience as much as may be, upon all indifferently, even upon barren heaths, which otherwise become unprofitable. A wife loving Father, will not let any child be long without victuals, but if we be not worthy to be counted sons, yet let us be reckoned of the Family, that some provision may be made for us. It were a happy thing that there were no contentious Plead in Westminster-hall, and the less work for Lawyers, the sounder is the Body-politique: yet for the present, some having no other subsistence but their bare practice, which have continued faithful; certainly, it would tend much to the honour of the reverend Judges and Justices, to deal their favours as equally amongst us all as possibly may be. I cannot but smile many times, to see a company of hypocrites as we are, stirring up and down in our Gowns, making men believe that we are full of employment; and so we are indeed in a perpetual motion, measuring the length of the Hall, but not a Motion perhaps from the first day of the Term to the last.  
But would you have no favourites; yes, the worthy Parliament they are the Kingdoms favourites, very fit they be first heard, & every way encouraged, that so public business may not be hindered: and truly, their ingenuous Candour is much to be praised in this particular, which bespeaks them not only excellent Lawyers but excellent humanists  
Secondly, The Law's favourites, as life, liberty, and Dower, it is very fit that all such necessary and important matters by reason of their dignity, should be heard in priority, whatsoever Counsel be retained to move them, before matters of property. I allow also Judges favourites, for favour many times gives a quickening spirit to the Law. There was a Prerogative of primogeniture, a double portion belonging to the eldest son, by the Law of God; by the equity whereof a Judge may a low a double portion of time to whom he pleases: the best men that ever lived, have had their favourites, for affection flows uncompelled. Bacon observes, that a man shall seldom see three at play, but he shall wish better success to one of them, than the other, though all strangers to him; and I believe scarce a father or mother that have a numerous progeny, but love some one child better than any of the rest, yet the child that is least beloved is not neglected, but has his portion provided in due season. I do not drive at it, that all Lawyers should have equal practice, I esteem parts and abilities wheresoever I find them, let the stronger practiser get three, four, or five times as much as the weaker: but this I aim at, that one should not feast, and two fast, according to that most excellent saying, When poor men enjoy necessaries, then let the rich enjoy superfluities; for in every Christian society, one man's superfluities must give way to another's conveniencies, his conveniencies to another's necessities, his lesser necessities to another's extreme necessities.  
But it is alleged for the great Monopolists, Impropriatours of practice, 
Funditus exterpra monopolus & nomopolas, 3. instit. 183.  that they best understand the course of the Court, which makes the Law, we say in our books, that a common error makes a Law: Truly in this I willingly acknowledge my ignorance, I do not conceive how the course of a Court can make Law or equity, it can only declare how the judgement of the Court hath been in that particular; but Law is reason adjudged in a Court of Record, where reason is the kind, and judgement the difference that distinguishes it from legal reason spoken extrajudicially; he that hath served the space of two Prenticeships (let young Barristers grow up like Vines by the support of others) and hath a competent stock of Law and reason; it is very strange if he should not be able to tell his Client's cause in plain expressions, Justice is an intemerate Virgin that does not love to be too much courted, it may be a question whether artificial and forced objections, do not many times hinder and obscure the glory of noble Lady Justice, 
Ignorantia legis non excusat.  as blue bottles many times hid and hurt the precious Corn, or why should the Law and equity be so obscure since every ignorant man is bound to take notice of it? but how came they to understand the course of the Court but by their great practice? he that will first learn to be a good Pilot must go to Sea upon calm waters but shall not every man choose his own Lawyer? what else? but who are retained but they that can soon be heard? who has been observed to get most money when Queen justice goes her progress, what Counsel doth the Client inquire after, 
S●ctam ad nolendinum.  to whom do the Attorneys and Solicitors make suit, I say but this as it would be the honour of the Court to have the business pass through many hands, that every man might labour in the Vineyard, so it is no hard matter to disperse and distribute the practice with more equality as before is hinted; This I affirm confidently that a Judge is obliged in point of honour at the least (if not in point of justice) to give all encouragement, & to hear him first that has the fewest motions, nothing more just then to leave the Client at liberty, but if the Master of a feast shall observe one guest fasting when all the rest are full, even exhilerated, whom do you think he had rather should eat the next bit? I know some that move not above 3. or 4. times in a year, which a man would think should please the Court for their variety like Summer fruits, if such a one crowd the last day of a term, how unequal is it that he should not be so heard that he may not endanger the loss of a motion at another Bar if he can get it, oh says the loving Father your Brother is fasting, you have had a double portion; mark what I say, my worthy Masters and good Brethren of the Gown, the excessive gain of some Lawyers, and others gaining nothing in comparison, if not timely remedied will be the destruction of our profession; for men will give over studying the Law when they see the practice is engrossed, for no wise man will venture his money at a Lottery, because there are such few gainers.  
But are all Barristers able to practise?  
I hope the objector will be well advised before he question the judgement of the learned Benchers of every house who call and approve them, formerly the Judges nominated the Sergeants (as Fortescue observes,) by the same proportion of reason, the Tres●erudite Seniors will not in their Magistral determinations call any to the Bar, but such as have competent (though not eminent) abilities, I am sure in our House they are for the most part very exact in the exploration of men's abilities and performance of their exercises, but the poor Client waits, and prays, and is exhausted, the Officers and attendants of some Courts, naturally desire to keep their proceed in a mystery and in a becance, that if a stranger come to make a motion upon the right and merits of the Cause, they say, oh Sir you mistake the course of the Court, you are out, you must begin again, something did issue irregularly, the Corn is not ripe for the Sickle, that as it was said in the Court of Wards (before these noble and religious Masters and the learned Attorneys time) when Counsel pressed that the Law was for their Client, it was answered, but equity was against him, or if not equity then the prerogative must help it, or if not that, than the course of the Court makes a Law, and yet I have heard at the same Bar that if the Law, and the course of the Court come in competition, the Law must be preferred as most worthy. Are not the sinews Leviathan perplexed? whereas if right reason, I mean legal reason, such as we find in our Books, might be judge in all matters, than every man that had read the Law, and studied equity, might in some competent measure be able to advise his Client to take the safest way to speedy justice, how many demurs do we daily meet withal? certainly it were to be wished that every Court were enabled to do right and justice, and not to constrain a man to begin again when he has run hard and got to the end of one mark and goal to enter new lists, & begin a new combat, I speak it to my great grief, that as the Civilians in Causes Matrimonial, spend much time if there be an oath, and in Wills if I die or when I die, I may take or I will take an eloquent discourse to little purpose, so many times we have much heaving and shoving about removing a Feather, whether such a thing duly issued, or was rightly entered or such a punctuality observed, or the course was so in such a man's time, now it is otherwise, truly much course stuff nothing but chaff wherein the pure Corn of Justice is many times smothered, or to delay a poor man that has not money to follow his Cause, what is it but to deny him? if I have but 4. l. 19 s. 11. d. to give for a Horse whose price is 5. l. what am I the nearer, if the Plaintiff have right upon the merits of the cause to the thing in demand why is he not made Master of it? if not, why is not his clamorous mouth stopped? I confess the Spider's Web is an artificial curiosity and wit is a beautiful creature the use whereof is to make doubtful cases plain not plain cases doubtful to flourish over a bad matter, is as dangerous as to violate a Virgin vicious, the Ant is wise for itself, but ill for the Garden.  
I could be content to hear ingenious exceptions taken to plead & subtle distinctions insisted in upon in Writs, 
The Civilians have their Libel Answer duplication, triplication, quadruplication.  Courts, Declarations, Pleas in Bar, Relpications, Rejoinders, Surrejoynders, Rebutters, Surrebutters, and so to the day of Judgement, if this trial of wit might not be chargeable to the Client, but when a poor man must pay the reckoning for every man to call for more Wine to inflame the shot, I confess my heart riseth against it, and wish from my soul that 10000 formalities were rather dispensed with, then that a poor man should be kept from his right one minute, for shall we not prefer the substance before the shadow, the Corn before the Chaff, the Kernel before the shell, the Jewel to the Box, such and no other are the most exact formalities and ornaments of Law in respect of right and Justice, tell not me what is the course of the Common Law, or Civil Law, or such a Court, but what does right reason require, this is the Case, a poor man has 100 l. owing him he sues in Chancery is dismissed to Law recovers in the Common-pleas, Error is brought in the King's Bench, a fault is discovered, it may be some sillabicall mistake in the entering of the judgement, whether this poor soul ought not to have his money without further suit? and so in all cases, when the right shall juditially appear to the Court, let every rational man determine, away with all bugbear objections of ignorance or confusion, and carnal reasonings, let's have Scripture Laws, and summary quick proceed and after Naseby fight, 
Quasi 2d. Angliae nativitas.  let's never distrust God for any thing.  
And truly if hereafter the Kingdom may enjoy so great a benefit, I assure them it is a sufficient and valuable recompense for all their disbursments, and poor souls if they desire no more, they deserve no less. But than comes in a Hierculean objection, that it is better suffer a mischief then an inconvenience, and what that is in plain English, I shall spend my thoughts upon it: when I complain many times that many honest Causes are lost for want of some formality in pleading or other miscarriage I am answered that old forms must be observed, and better one be undone then many, now truly if the meaning be that it is better one Offender suffer then a unity be endangered.  
I am clearly of the same opinion, or if the meaning be as the Philosophers was, who first said it was better to be once sound wet with a great shower then to be subject to a continual dropping, I close with that likewise, but I beseech you what need is there that any man should be undone for want of a ceremony or nicety in the proceed, I am sure the least evil must not be done for the greatest good, and why any mischievous case should be suffered amongst Christians.  
I am yet to learn, it will be said Politicians could never prevent all mischiefs, I say Christian Magistrates may and aught to make Laws for every man's safety and property, a noble Gentleman for the good of a young Ward his Kinsman, has Compounded for 3. or 4000 l. paid part, secured the rest, and the Ward before any profits received dead, the Gentleman desires relief against his Bonds, the Answer is made better suffer a mischief then an inconvenience, what inconvenience can happen in giving conscience the upper hand? It is better to suffer one Fox in a Vineyard then twenty, but what then? must not that Fox be hunted out that he may not destroy the tender Vines? I say it again and submit it, that it is a shame that any man should suffer in point of right in a Christian Kingdom, it being a principal difference between Christian and Heathen Magistrates, that the latter make laws that concern the most, but care not for private men's sufferings.  
And now concerning justice between man and man. Oh what a glorious thing speedy Justice is it is the glory of the Ruler, and the happiness of the people, what the air is to the elementary world, the sun to the celestial, and the soul in the intelligible, the same is Just ce to the civil world, it is the healthful air that all oppressed Clients desire to breath, the sun which dissipates and dispels all the Clouds and mists of oppression, injuries, and deceits, it is the soul which animates and gives life to all things, what an excellent justicer was job, who would not delay the Cause of the Widow, why may not ordinary causes arising within 100 miles of Westminster be ended in a month's space, and all other private differences in the Kingdom, the most arduous and difficult in the space of three Months, until it shall please the Parliament for the ease of the subject to enact several judicatories in remote Countries, with liberty of appeal hither in doubtful and weighty matters. Oh when will there be a determinate time to end all differences, why is it called a Term, but to determine all controversies: what! the Term ended and the suit not ended? is not reasonable, Solomon says there is an appointed time for every thing; save only for a Law suit, how long it may last, the wisest man cannot foresee. Among the Protestants beyond Sea, if a man cannot bring his business to an end in 3. Months, he must pay good costs and be nonsuit, The appointed time for the performance of any single combat is from Sun rising to Sun set, if in that time the Challenger cannot procure his Challenge upon the body, the Defendant is acquitted, ah speedy Justice is the Cape of good hope, by which we pass to the fortunate Lands, and this is the distinguishing virtue of it, that whereas all other virtues do good to themselves (even Charity itself beginning at home) regarding more the good of the possessor, than others; justice doth good to others as being the principal Pillar and foundation of the Kingdom's happiness.  
Now promise being a debt, I am to perform it, and must speak a word concerning the reverend sages of the Law, I am persuaded that the ambition of the Clergy, and the pusillanimity (to give it no other name) of the judges were the grand occasions of these intestine calamities, who being entrusted by the Kingdom as guardians and sentinels for the people's liberties, spiritual and temporal, to make themselves grandees at Court, made the Laws to speak what they never intended, by straining to advance the prerogative above its proper altitude, and certainly that judgement of ship money (not to say any thing what is printed, where the same is most learnedly refuted) was the most divillish plot that ever was invented since the Qu● warranto in Ed. the 1. time when, knowing men's charters were lost, in the Civil Wars they were forced to produce them, forceably ravishing a Virgin, 
Parrium dici a te perpetrari potesta me excusari non potest.  and then putting her to death, for the loss of her Virginity; for if the King may take what he please in case of necessity, and be judge of that necessity (as Lewis the 11. said of France, was a meadow he might move as often as he judged it necessary) England must needs be a necessitous people, when they were solicited to deliver their opinions against those worthy Patriots, whose names ought to be famous to all posterity, they should have answered as Papinian did [who said, being Chancellor to Caracalla the Emperor who had murdered his Brother Geta] you may perpetrate, I may not excuse fratricid, for which he was presently put to death, the end of the judge is, to do justice, and the end of a Lawyer, but to persuade the truth, a man must not for to save his life, 
Non propter vitam vinendi perdere causam.  lose the end of his living, the only necessity is for every one to be honest, but it is no unusual question why so many Judges and learned Lawyers deserted the Parliament, and inclined to the other party.  
It was a question at Trent, why more great Scholars held that the Pope was above a Council, than the Council above the Pope, honest Vergeus made answer that the reason was plain, because the Pope had more Cardinals Caps Crosiers-staffes, sat Bishoprics, and Larded benefices at his disposal to recompense such opinions than the Council had; as one being asked what the Arminians held? answered merrily, most of the fat live in the Kingdom.  
But now since by Gods gracious providence, the wisdom of state have the power to replenish and fill the Courts of Justice, what qualifications are required in the reverend Justices? fall under consideration?  
First Science for the ignorance of the Judge is the calamity of the innocent, 
Ignorantia judicis est calamitas innocentis.  an ignorant Judge being worse than a corrupt Judge, for the one may sell Justice aswell as injustice, but he that understands not what right is cannot be said to do justice to any, be learned ye that are Judges of the earth.  
2ly. sapience, not wise to do evil, but that wisdom, that he which the evangelical Prophet calls Councillors advices; 
2. Ps. 10.  that a Christian should be innocent as a Dove, never to hurt any body, and as wise as a Serpent, that no body should hurt him, there is much wisdom required in a Judge to discover fallacies, which sometimes may be presented as verities; for many times by artificial deceit (which is of all other the worst) the matter is so tricked, shadowed and heightened by colour of painted Art, that the Judges themselves may be abused and beguiled if they be not very wise; The Civilians say that if a Judge be wise, no advocate can hurt a good Cause, for if the Lawyer can by his wit disguise and varnish over a rotten cause, and speak well in a bad matter, which is not eloquence but loquacity, certainly the Judge is able to speak much better in a good cause, and to set a fare clearer gloss upon the truth if need require.  
3ly. Prudence which acts in every individual circumstance, Law cases being as men's faces, seldom 2. cases so like, but there is some difference, now in such multiplicity of business, a judge had need be very prudent, not to embrace a cloud for juno, I am persuaded if one observation might but take place, 
Imbeculum pr● Junone.  it would be a means to retrench and cut off all unnecessary delays & tedious protractions of Law suits which are so grievous to the subject, and that is, that every man's Grant, and all bargains, Contracts, and words, should be taken and construed according to the party's meaning that, the Judge and Jury should have nothing to do but by the manuduction of reason to investigate and find out the parties real intentions and plain meaning, and so find and declare the Law accordingly, It is a rule that men's grants and intentions must be regulated and construed according to the Law, and not the Law according to their intentions, I agree, that the Law must be the rule of all justice, and that Law which is most certain and leaves least to the Judges arbitrary discretion is ever the best, but undoubtedly this rule would be the mother of the greatest certainty that can be imagined, for every man's meaning will easily be found out and made evident, and this would beget a sweet harmony and friendship in all Civil affairs, for no man should be suffered to defraud or go beyond his Brother in bargaining, whereas some crafty Fox that hath observed the strict formalities and niseties of Law, 
He was a most excellent man for natural science and discourse Cecil most famous for prudence and direction practical.  will easily surprise a credulous nature which suspects no hurt, many times to his utter undoing, I know what my Lord Bacon says in his third rule against this, but I submit it to judicious consideration, And this is practised in matters testamentary, All agree that matters of Parliament, Arbitrement, Testament, and other words that end in meant, must be construed according to intention, why not aswell in all contracts? the reason is given, that when men lie sick, they have no opportunity to get Council, pray, why can you not aswell send for a Lawyer as a Physicians, 
jacentes in extremis.  if sick men have that favour, why should not the Law be as kind to men in health?  
4ly. Purity of hands and chaste eyes for a bribe will make the most eloquent man mute as a Fish, I know our reverend Judges who take their delight in the Law of the Lord, study the 1. Kings 8. where I note that it was the avarice of the judges that made the people of Israel revolt from Samuel, and desire a King, and in Deut. and Isaiah, no Kite, 
Deut. 27.19. Esa. 5.20.23.  Eagle, or griping Bird, was to be admitted into the Temple of justice, and I hold it a dangerous thing for judges to take any presents from any man, though in things commestible and corruptible in 2. or 3. days which the Romans allowed, for there is a kind of hope in the giver to receive favour from him, if any cause come before him, and a generous propensity in English spirits to requite the least courtesy; I remember an host in Languedoc told us that he had a Turkey cost 40. s. English, and marveling at it, he told us that it was first presented to a judge whose servant sold it for 5 s. to a Client which presented it to another judge, and his servant sold it for 4. s. to one who sold it to another Client for more, who presented it to another, and so in a circular motion till 8. or 10 judges had been presented with it, till about the end of three days the host bought it, 
Integer vita saclerisque purus quam summe fieri potest in humana natura.  and truly few ingenious men could scarce bridle their cheeks from laughing at stories about presents made heretofore (though now blessed be God, we hear of no such matter) that have served for table talk, a time which Christians should improve for spiritual advantages.  

Integritas justitiariorum est selus subditarum.  Fifthly, Integrity of Conversation; He that is to judge the Lives, Honours, Estates, and fortunes of others, had need himself be exempt from blame, He that is established to reprove others, ought himself to be irreprehensible as much as may be in humane nature, the integrity of the Judges is the health of the Subjects, therefore as Calvin said at Geneva, Gentlemen, superstition hath formerly kept her Throne and Court in this place therefore we must be more zealous than others for the purity of God's holy ordinances, so say I, what heavy oppressions and iniquities were perpetrated and groaned under in our Courts of justice before this happy Parliament, every man knows it too well, let it not be told in Gath, nor published to the dishonour of our English Israel but as a stumble may prevent a fall by taking the better heed, 
2. Sam. 1.20.  so I do not doubt but for the future we shall have such worthies preferred to places of judicature, that shall make it their meat and drink, to execute justice, to witness their love to jesus Christ.  
The former qualifications are necessary in all states as well heathenish as Christian, therefore there must be some other distinstuishing Characters, I would gladly speak my thoughts about two things, 
I look upon this Covenant as the most admirable human writing that ever was in the world.  Malignancy commonly so called, certainly a Malignant justicer is the worst of all Malignants, or if any be a neuter the difference is but gradual, we have solemnly covenanted neither directly nor indirectly to give ourselves to a detestable indifferency or neutrality in this glorious cause which hath never offended, and which indeed is rather Gods then man's.  
Therefore if any man should sit upon the bench that is disaffected, it must needs be of dangerous consequence, because by common intendment, he conserveses and carries the Law in his breast, and if a judge should come into any County and there declare any thing done by the Parliament to be illegal, and twenty worthy Commoners should make speeches to the contrary, it is no hard matter to determine which would take the deeper impression, in vulgar breasts, nay certainly if a man be but suspected by the generality of Cordial men, he is no Idoneous person for so high a place, nay what if I should say, unless he be active and zealous? for a Judge should be courageous in executing his Office and in God's cause.  
I would feign ask another question (for thanks be to God and our good Parliament, these are times of Christian liberty, the Lord grant that no man abuse it by turning liberty into licentiousness, for a man to beat himself and strike every man that he meets, and speak irreverently against authority, this is no Christian liberty, but a furious Bedlam meriting madness) whether he that is not a good man can be a good judge? 
To fear God and honour authority are inseparable the image of God shining in the face of a Parliament obliges to all reverence and obedience.  the reason of the doubt is, because justice is a moral virtue, and not religious, for no doubt there are many good justices amongst infidels, and some that do justice even for the love of it, for a Philosopher may go so fare, but in a Kingdom, professing Christianity as in the preamble of the Covenant (which is as the key to open the meaning of it) the words are, having before our eyes the glory of God, and the advancement of the Kingdom of our Lord and Saviour jesus Christ, etc.  
I conceive no man ought to be set upon so high a pinnacle of honour, as to be entrusted with the lives, reputaions, 

Zelo vindictae pro fama, virtutis amore non pro honore Dei.  
Vltra sphaeram activitatis, si manducat peccàt (minus lamen) si non est homicidd. Exod. 18.21. 2. Sam. 22.3. See the Annotations of the learned Divines upon 2 Sam. 23.3. a work very praise worthy.   and estates of the Kingdom, unless he can have that before his eyes which no unregenerate man can have, a natural man may do justice between party and party for a private revenge, or to gain popular applause, or for the love to justice, (a virtue in itself so sweet and amiable) but for God's enemy (as every unconverted man is) to aim at his glory, and to set jesus Christ upon his throne, that is above the sphere of his activity, the natural man cannot act supernaturally; if he eats he sins, if not he is a murderer, as not acting from right principles nor to a right end.  
Moses was commanded to appoint Judges which had 4. excellent qualities.  
First, able men no doubt, he meant sanctified abilities for learning without Religion, is lame, and Religion without Learning is blind.  
Secondly, fearing God, he that ruleth over men must be just, ruling in the fear of God, he that commands others to deal justly must be just himself, otherwise you think to straighten a stick by a crooked rule, which must be from an inward principle, the fear of God in whose right and place he ruleth; a Judge must so fear God, as to be altogether just, not in part only, but entirely just in measure and degree, not to be just to some, but to all, and to all alike, and at all times and seasons.  
3. Men of truth, every man is naturally a true man, every honest man is morally and legally a true man, but a Judge must be a man altogether composed of sanctified truth and Justice.  
4. Hating Covetousness, it's one thing not to be a covetous, man and another thing to hate Covetousness, as it is one thing not to swear, another thing to fear an oath, for any man that is notoriously known to be a Griper and a covetous person to be made a justicer, is to place Avarice upon the Bench, and not Justice, But who shall be Judge in this matter? Truly, who shall judge whether it be day or no? how do I know that I am a man? In doubtful matters the supreme and ultimate judgement (from which there can be no appeal to any earthly Tribunal) is the high Court of Parliament, 
An Ordinanc of man is an Ordinance of God, not to be disputed but obeyed in all cases actively, or passively, faciendo aut patiend●.  when that has made or declared a Law, than every man's mouth is stopped, it is an anointed truth, and may not be questioned by any murmuring or contradiction, I know a reason why every man should be reckoned irreligious, unless the contrary appear, because every man is borne so, to judge him religious, I must see some fruits of it, which in a Judge should always be green, visible and conspicuous to the eye and judgement of every godly professor; But all is not gold that glisters, true, yet there is no Gold but doth glister, certainly men that in these times are preferred to fit at the Stern aught to be eminent, for Grace and Piety, others that are but at the Oars, honest, civil, sober men may do much good in their stations.  
But the question truly stated will be this; what if the best Lawyers be not the best men? or what if he that is as it were heir apparent to a Judge, be not in the appearance of good men an heir of heaven, would you have Lawyers leap into the Chair, and not by degree take their turns? 
Per saltum & non per gradum  but before I answer, I ask further, Is he fit to be a prime Courtier on earth to execute the Laws of God that is not a daily Courtier at the Throne of grace? and such a just man that lives by his faith in Jesus Christ? what may the full scope of the Apostle be to the Corinthians concerning this matter? 
See the learned Annotations upon the first Cor. 6.  this is a clear truth that as all lawful external callings are from men, so the internal is from God; I shall presume to insert a pleasant story, By the constitution of the Popedom, upon the death of a Pope, so soon as the Cardinals can conveniently meet together, they are all put into the conclave and have nothing but bread and water, till they be agreed, and the Election must be by two parts of the suffrages as it there be 30. Cardinals, he that is chosen Pope must have twenty voices, now a Pope being to be chosen, fifty Cardinals met 30. 
Divine Beza called him Cardinal, Quadrato, He was so good a trencher man, Qui habebat nasum cherubinum & quia non potuit esse cardo ecclesia apostatia per caput vult esse per ●asum mentioned by Horace Nunc est bi●endum, etc.  were for one and twenty for another which being no Election, and they having continued 3. or four days, and no hopes of agreement, one fat Cardinal that stomached the business for want of his Capons and Pigeons, and unguentary Greek and Albauwines fell a sleep, and waking told them that now the difference would be ended, for neither of the two must be the man, for he had received a revelation in his dream that it was the will of Jesus Christ, that one Clement should be Pope, and he asked them whether he was not without exception the fittest man whom jesus Christ would choose if he were personally present, this put them to a stand, but they said they were not assured that it was the mind of Jesus Christ, Grasso slumbers again and starting up as if there had been some apparition, told them that it was now out of question for Saint Peter had appeared to him and told him that it was the will of Jesus Christ, that they should make choice of that man without any further contestation; thereupon, concluding that none knew the mind of jesus Christ better than Peter they chose him Pope and dismissed the Conclave, I shall make no application but this I say, that when a good man is advanced the Kingdom indeed rather than he is preferred, for a good Judge is an epidemical blessing, yet I must further inquire what learning is principally required in a Judge.  
First for matter of Oratory, to read Cicero, Demosthenes, 
Orator est adulator nisi sit vir bonus dicendi peritus.  Isocrates, Quintilien and politic Authors which have entreated of the Roman policies, as Plutarque, Pliny, Seneca, Cassiodore, for Philosophy; certainly all good humane Laws had their source and original from reason, well regulated and conducted from the precepts of good moral Philosophy best handled and made forth by Socrates and his Disciple Plato called the Divine and prime of the Philosophers, 
Plato Gratis vult sibi credi existimans homines ut pueros scepteo ferulae regi posse. Veris nugis verbis nudis non considerata qualitate humanarum literarum.  but they were rather contemplative and speculative in occult inventions then useful and practical for government. Aristotle's learning for a Judge is rather to be desired, but yet I do not hold any of these absolutely necessary for a Judge, for I consider that life is but short and that the Law is a thorny study.  
And here I would crave leave (out of a sensible apprehension of my own wants, and a visible experience how many Gentlemen are gravelled) to propound my serious thoughts to the honoured and learned Benchers of the several Societies, hearty wishing for the Students good, that there might be in every respective house two at the least appointed as professors of the Law to direct young Students in the Method and course of their Studies, 
Studemus potius subtilia quam utilia. Lucifera non fructifera.  that they may rather apply themselves to cases profitable then subtle, for the difficulty of the study discourages many. I have often thought that for an ingenuous spirit that has tasted of those pleasing liquors of Ethiques, Rhetoric's and Philosophy to betake himself to Justice Littleton's Tenors is to have a jump of Beef after a grand dinner; 
M. Britkenden to whom I am much obliged.  I remember that having read Littleton three times over, I told my worthy Master (who honoured me with a lodging in his Chamber) that I thought Litileton was no Scholar, and had nothing worth the reading, but his Latin sentences, he advised me to make it my meat and drink, and to read Doctor and Student for a recreation, which the more I read, the more I might, for I thought myself in Paradise, worthy Master Shurland who read at twenty two years standing told us in his Speech that he had lost three or four year's study for want of direction, because he specially minded moot points and speculative conceits, neglecting cases useful and practical: and truly whereas we allow seven year's study under the Bar, I would have 3. of them spent upon the body of Divinity, (it being as the Sun among the Luminaries) and 4. in the study of the moral and rational part of the Common Law which is the rule of speedy justice to give every man his due with expedition, for to what purpose now should young Gentlemen gravel themselves in the quick sands of villainage Frankalmoigne, Quare impedits, and such unnecessary contestations, I would entreat the Gentle students forthwith to address themselves to the Readers to have such a thing established.  
And now after this discontinuance of readings if the Learned Readers would be pleased instead of reading upon Statutes (which when the reading gins are plain and easy, & whereupon peradventure scarce one case shall happen in a man's life time) would acquaint the society with the most useful knowledge and daily occurrences in actions of debt, upon the case, of trespasses and ejectments, the present Law of the times, which is worth our best studies, one judicious Reader, might in a fortnight's space argue most of the controversal points which are now agitated, propounding 5. or 6. points a day, either about conveyances assumpsits or words actionable which are the daily subjects and disputes in Westminster Hall, and what matter is it, whether every point go to the conclusion of the case, indeed what matter is it whether it be made a case or only put by way of single questions, and then I would have every man to be at liberty, to speak as he conceives the Law to be, for truly I do not like it that any man for Argument sake should argue against his Opinion; pray thee good Reader do not object, that old forms must be observed, I tell thee, one ounce of reason is worth a pound of formality, as one acre of performance is worth a whole land of promise; and he that shall prefer the shadows before substances, and restingly delights so much to sit upon the form, let him never come to the Bench by my consent; Time only can demonstrate the utility of the premised design, which cannot be chargeable to the Students, for he that instructs others teaches himself, and it will occasionally increase his Practice; besides, every one of the House might repair to the Professors for private advice, for what a shame is it that one should take Fees of any Gentleman of the same Society, though to the praise of some be it spoken, they have given faithful and able advice, and refused their Fees to my knowledge, and I know a Brother Barrister that hath refused five hundred Fees, but what is lost in the Hundred will be gained in the Shire.  
If any man in his youth in the Schools of Humanity, shall attain to a summary general knowledge in Grammar, Rhetoric, Phisiques, and Metaphisiques, the Ethiques and Politics of Aristotle, they are useful as scaffolds and praiseworthy, but not necessary; and for the Greek Tongue in regard that the Authors are so faithfully translated into Latin, though in many Cases it holds, that the water is never so pure as in the Fountain, yet all things considered, it is better to rely upon the Translation being so exact, then take such infinite pains to search the Original, as Rasis; Avicen and other Arabian Physicians are made use of only in the Latin, and Greek Translations, and as Travellers know that its better to come into a French History, where all things are in a readiness upon the Table, then to an Inn in Spain, where in stead of reposing yourself, you must fetch Bread here, and Wine there, and Flesh in another place, and stay two or three hours till it be made ready; and this makes me wish not only that all good Books whatsoever were Translated into ou● own Language (which would advantage Children three or four year's schooling, who are cracking the shell to understand Latin, whereas they would easily get the kernel, and learn Logic, Rhetoric, Philosophy, and other Sciences, as they do to know the names of Creatures, Beasts, Fowls, ●ishes, Corn, and Householdstuff and other necessaries; if all Books and Authors were in English, which might easily be done by our learned Scholars now in town, a work that would more advance and dignify the Kingdo●e then Prima faci● can be imagined: For hence it is that Scholars in Fran●e know more at seventeen then with us at twenty; the Gentry, even the women generally, excellently principled in moral Philosophy and all humane literature) but also that our Law Cases were all Printed, and all our Writs Processes, and proceed in English, for that Statute in 36. Edw. 3. 
36. Edw. 3.  recites, that great mischiefs happen to the Realm, because the Laws are showed in the French Tongue, which the Clients do not understand, but does not fully cure the malady; 
The Freneh Laws were in Latin until Francis the 1. which being altered they said, now is the Kingdom out of ward.  for truly I am ashamed that a Subpoena should be served upon a Countryman in Latin, when peradventure scarce any one within five miles understands it; believe it, 'tis a badge of the Norman Conquest, which by degrees I doubt not but will wear out. I am no enemy to Learning, but this I affirm 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 own, unless 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 Statesman is as one that hath a crick and cannot look bacl, and I conceive that to be the greatest defect in our Profession, that not being versed in our Histories we content ourselves, 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 go to Rome, 
Abstine inutil: labori ut profituro sufficias.  not trouble himself to learn all the ways thither, but that which may be the safest and nearest way for him; for if any matter concerning the Civil Law, or Physic, or Mayhem, or the quantity of Land, or any other foreign scientifical 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.  skilful in those matters, and advise with them; according to our rule in Law, every man must be credited in his own Art, the Shoemaker's Judgement about making Shoes, before a grave Cato Disputing about the same matter, and so far I think 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 complete judge, and truly I hold it is in a Christian Kingdom; the reason is, because without this no man can come to be a good Politician, for Policy is but a branch of Divine Wisdom, there being no Policy against God, for all saving spiritual wisdom comes from God as the fountain, through Jesus Christ as the Cistern, effectually drawn out by the Pipe of Faith, and all reason of State must do homage, and render obeisance to Divine reason, which hath its Authority more elevated. But put case then that one Lawyer hath a large stock of Law, five talents for the purpose and not one spark 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 think the latter, but put it thus; that one hath four talents of Law, and two of Grace, and the other hath too talents of Law, and four 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 cyphers, our English Proverb is very significant, Set not the Cart before the Horse; that is, prefer 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 Child for his father's sake, bears the greater love to the father. Aristotle says, that Religion is absolutely necessary for a King, for no man will think that he will do right to men that performs not his duty to God; neither dare men offend him that fears God. How happy was Constantine for putting his trust in the Cross, as Papists vainly imagine; but that Kingdom that trusts only 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 Ark sake; indeed it was the Court-caveat, Take heed 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 mean such as do not only make profession of Religion, but take it into their protection, what glorious times should we live to see, all terrestrial Deities (as sacred Scripture calls Judges) are Images of the everliving God; Now is it not most reasonable that the Portraiture should resemble the Original. A Picture that resembles us, we make much of it, if it deform us, and carry our name unjustly, being nothing like us, we burn it; the Draughts of God's Visage are Piety, Justice, and Clemency; good Kings and Judges are kept in the bosom of the Eternal as his beloved resemblances, but a counterfeit shilling we nail it to a Post, and if any man think any way to advance himself by exceeding those bounds which God hath prescribed, the Almighty Judge does but fatten such a man for the slaughter, to make the stroke of his Judgement more signal. The● 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 only the inconveniences of want, and temptations of presents, but to prevent dejection of spirits, for when a Judge sees that he shall get nothing by the Cause, he will be studious for his own ease to do speedy Justice, for why then should it cumber the Court longer than needs must; and that is the reason that many States maintain Lawyers at the public Charge, that so expecting nothing from the Client they may steer their advice the speediest way to the haven of justice. But whatever complaint may be made of us, truly for the generality we do but taste of the broth of commodity, the Clerks and great Officers of Courts put their ladles to the bottom of the Pot, and are even drowned in the sweet liquor of potable gold.  
2 This honourable Calling and maintenance is in the nature of bail, 
Acutos honoris stimulos. Ingenius malvezzi.  as a cautionary assurance to the Kingdom to answer for their judicial administrations; and I conceive Honour obliges, and engages more than profit, yet not so as to superabound in wealth and power, lest they should command as Lords, and not as fathers.  
3 Judges should therefore be great that they may dare to do Justice, as Gascoigne committed Hen. the 5. 
Hollinshed.  upon a Bishop's complaint, Hen. 4. rejoiced that he had a judge durst do justice upon the Prince, and a Son that would be so obedient; I shall tell you of a gallant piece of justice to recompense that of Piso; In the great Wars between Charles the fifth, and Francis the first, one Raynucio was imprisoned at Milan for betraying a Fort to the French, his wife (who for beauty was called the Nosegay of the Parish) petitioned the Governor for her Husband's enlargement; the Governor our being so enamoured that there was little hopes of liberty (had there been no more in it but that he might behold the Lady, who daily attended with Petitions,) being able to conceal the fire no longer told her that his life was in her hands, and he was as much her Prisoner as her Husband was his, and that she must yield to his desire or be an undone widow; the virtuous soul covered her cheeks with the colour of Roses, and desired to speak with her Husband, whom she made acquainted with it, telling him that if her life would save his, she would gladly lose it, but my honour being required you must prepare for death; he commended her magnanimity, and how sad their parting was you may easier conceive than I can express; the hour being appointed for his execution, he considered that life was sweet, and skin a●ter skin, one thing after another, what would not he do to preserve a little momentary breath! sends for his dear Consort, 
Communis error non facit jus. True honour consists in a Christian sufferance of the greatest misery, rather than to commit the least sin.  and cries to her as if he had been her child, to yield to the Governor, and to win her consent says; First, that honour consists but in the opinion of the world, and that a sin wholly concealed is half pardoned, as the Priests use to say. Secondly, That Spaniards are most faithful in keeping promise, and no doubt he would swear never to reveal it. Thirdly, That he would be the death of him, as by the Law of Spain he might (for any man may kill him that lies with his wife, the provocation being so great. In Italy he must kill his wife as well as the Adulterer, or else he dies for it, as being presumed that he did it not in the way of justice, but revenge) the poor soul yields, for as Job says, if this be the condition of our temporal being, 
The least fall from grace is a fall from Paul's.  that we never continue in the same condition, much more are our spirits mutable as they are more subtle, (not that I speak this in the least title to justify her, for should I go about to excuse it, it might be a greater sin in me then the offence was in her; as for a Lawyer wittingly to Patronise an unjust Cause, is worse in him then in the Client;) Garcias had her in his power as a bird ensnared, and being weary dismisses her, with a promise to set her Husband at liberty; but the Spaniard considering that a man or woman's honour is like a great Fort, take that and you command all the rest, tells the Prisoner that he must pay ten thousand Crowns redemption, she with much difficulty satisfies that demand likewise, and was promised that her Husband should be sent home to her house the next day, but the  Governor bethinking himself what danger he might incur from the Emperor, and fearing that the man might be revenged on him (for dead men do not by't, therefore in some places of Italy you may have a man killed for five shillings, but not cudgeled under twenty) sent a Priest to him to prepare himself for death, and caused his body divided from his head to be sent home the next day in performance of his promise; now for the poor soul to see herself deprived of Husband, Honour, and goods altogether, her grief was above expression, and the torment the greater that if it were discovered she would be abhorred; and if concealed, it could not be cured; at last with extreme shame she made it known to a friend both able and faithful. 
Hercules Estius.  Now the Duke of Ferrara being General for the Emperor, Aemelia presents her requests for justice against Garcias who was convented at Ferrara, and thinking that as the Adultery of Mars and Venus served only for sport in the Court of the Heathen Gods, thought that the General would but laugh at the conceit, or at the worst would remand him to his Command at Milan, persuading himself that in such a case his Soldiers would not let him suffer, he confessed the fact, said it was so pleasing a sin, that it was impossible he should ever repent of it, and upon the matter told the General that the Traitor was deservedly executed, and therefore he was not troubled at what might be the event of it. Says the Duke, Why am I made great but that I should do Justice upon the greatest offender? Garcias said the Duke, you must restore to this Lady her ravished honour. Sir, says he, That is impossible, and what's past help, shall be past grief. But you may Marry her, says the Duke, for you loved her once, and you must love her for ever, or lose your life, and that you shall do this day. I loved her indeed, says Garcias, as Herod loved Mariamma, or as the Hunter loves the Venison to make sport or to feed upon it, but I am not prepared for death, therefore I choose rather to Marry her. Aemilia upon her knees entreats that she may rather die than Mary him whom she so much abhorred. but the Duke having whispered with her, she submitted to his good pleasure. The same Priest joined them together, (by virtue whereof she was entitled to his Estate) and of a forced bargain Garcias hoped to make the best of it, but that which was as luscious as Locusts, proves as bitter as Coloquintida, for the Duke adjudged him to lose his head instantly, and the same Priest appointed to prepare him for that fatal blow.  
And blessed be God for any good beginnings in this kind, which the eyes of good men behold with comfort, both at Westminster, and this new election of Council in this renowned City, the Jerusalem of England. Of which famous City our Profession being so much indebted to it, I must in duty say thus much of it, it is the jerusalem of our England, and now the receptacle of the Saints; the Lord hath had in all ages, some hiding-place for his people until his indignation be appeased, and where but here? A strong argument to me in all these Commotions, that the enemy should never set his dirty foot upon this Virgin City, it is an Epitome of the whole Land, the heart of the Kingdom, the Chamber of the great and most Honourable Council, and the nerves and sinews of our just defensive Wars; and next under God, and our Worthies in Parliament, the chief preserver of the whole Kingdom, and now in true esteem the most glorious City in all the world, 
Fateor naevos in vultu veneris  but I spy a mole in the face of Venus; Beggars are suffered in our English Israel; Oh the fearful noise that the poor Prisoners make for bread, for bread; the hydious noise that was made at the Sacrifice to Molech that the children's skrikes might be drowned, is nothing to it, 
Audio vocem esurientis.  because we are Christians; what English heart but must cleave if it were a Rock, melt if it were Ice, soften if it were Iron, dissolve if it were a Diamond? to hear a poor soul in such anguish of spirit bitterly cry out; Oh Bread, Bread for the Lord jesus Christ's sake, Bread; we are a great company of poor Prisoners, almost starved and pined, (as if their Souls were ready to take their flight for such unkind usage) did not custom take away the scandal of it, and inure us to it, as those that can sleep quietly near the Catadupes and great falls of the water of Nilus; shall we deny bread to those, or to any for whom Jesus Christ shed his precious blood, having such plenty as blessed be God we still enjoy to admiration, and professing ourselves brothers of the same faith? Indeed for Prisons, the Banquet is a most excellent composition of Charity, but I fear many are in extreme want, it may be such as are ashamed to beg; truly since by our Law (which is contrary to the practice of other places) the Creditor is not bound to maintain the Debtor, whom he has disabled from getting his living; it lies much upon the Governors that no man want Bread and necessaries, one man is thrust down into the Hole not having two pence to pay for his Lodging, 
Is not this against the Commandment.  another stands at the Gate blowing his fingers, because the Creditor will not let him get his living by the sweat of his brows, a third lives upon the Basket, that had he his liberty might relieve others, as formerly Merchants have done; now truly if it shall appear that any man shall fraudulently, or subdolously get into his hands another man's estate, I think he ought to be severely punished, as in Rouen, a Father and two Sons were executed as decoctors and melters of other men's Estates, 
Decoctores bonorum al●orum suspendantur.  that had borrowed ten thousand pounds not being worth a Groat, nor any probable possibility to be ever able to satisfy; but for a Merchant that has lost his Estate by the immediate hand of God, through shipwreck, or other casualty, to be persecuted upon the Statute of Bankrupts, and the Wife to be examined against the Husband, and if twenty pound be concealed to preserve a numerous family from starving, to be set upon the Pillory, and lose an Ear (whereas if right reason might take place, the Bankrupts Wife should be provided for in the first place, according to the Portion she brought, it being the most ancient and primitive Debt, a man being more straightly bound to his Wife and Children than he can be to any Creditor) and after all this to lie in Prison perpetually. 
Scripture prisons were for custody, not punishment.  Oh that we had the tender bowels of our Father, and would seriously study, Mat. 18.23. that famous Parable or similitude. But some object, that little Money will be lent upon such security, truly I am confident there would be more honest Bargains, and less fraud, and how was it amongst the Jews when there was a year of Jubilee, that all Debts were released the seventh year? now the word fraud puts me in mind of a good remedy to prevent it, which is, that there might be an Office in every County, to Register all Leases made for any Land in that County, and indeed all conveyances whatsoever, and all charges upon the Lands, and all Bonds and Contracts of any great value (for 'tis a hard matter to find out Recognizances, Judgements, Extents, and other Charges, and too chargeable for the Subject) that so for twelve pence or some such small matter, every man might know in whom the interest of Land remains, and what encumbrances lie upon it, and every Estate or Charge not entered there to be void in Law; but then says a miserable hunks, My Estate will be discovered, and what will become of trusts? truly till about those unquiet times of R. 2. and H. 4. we read of few trusts or uses, and if it please God to settle a well-grounded Peace, (as I hope comparing what has been done with what is to be done, two parts of the difficulties are surmounted) I know little use of any private trusts, the square dealer cares not who sees his Commodity. No doubt it were a happy thing if every man's Estate in the Kingdom were generally known, than he that is not worth a Groat would not go in a garb of five hundred a year, and incur Debts irrecoverably; another hugs himself that he can cousin men's expectations, making men believe by his old shoes that he is not worth five pound, when he has thousands in his Coffers; 
As the Gebeonites. Ios. 9  of which dissimulations the latter is the worse, it being better for a woman to paint then to blur her countenance. It is to be wished that the poor souls of Prisoners were better fed, 
Elemosina cordis manori est quam corporis.  that so the loss of their Temporal liberties might be recompensed by spiritual advantages, though to the praise of this place be it spoken, that here are Ministers appointed for most Prisons, but in Country Goals it is sad to consider their deplorable condition, a small matter yearly laid upon every Town in the County would maintain a Minister for the Goal, 
Five shillings a Town.  who by love might gain much upon their 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 poor wretch shall see that the Magistrate loves his soul, 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, go out with their Keepers to the public 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 poor Prisoner should go out in the morning on the Lord's Day, to serve God, and return at night, will any Creditor be so devilish to Count that an escape? As if like one that had the Pestilence, he should envy 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 Lord's Day, but I think the question should rather be, whether any but Accomptants ought to be imprisoned for Debts; there is I confess a difference taken in our Books, 
67●25. on 27. E. 3. 9 Rep. 66. Mackallyes case  that no judicial act may be done upon the Lord's Day, but that ministerial acts, such as to Arrest men may be done; the reason is rendered, because it is a good thing to do well upon the Sabbath; certainly there is more dexterity of wit, than 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 poor man in debt would feign serve God upon the Christian Sabbath if he might go free from Arrest; 
The Law privileges men going to Fairs cundo morando redeundo.  no, says that Book, if you go to the Market for your Soul you must be arrested, and so the poor man it may be drinks away the day, and splits his Soul even upon the rock of despair, and whether this be not a breach of the fourth Commandment, judge you; for this is an everlasting rule for all Christian Magistrates, that whatever any man's offence be, they must take care for that man's soul.  
I am persuaded that that which was formerly spent in Pageantlike vanities upon a Lord Mayor's day, would have fed all the mendicant poor about the City; I profess, considering what fopperies are beyond Seas, a man might well have asked whether the Lord Mayor was a Christian, or did honour to some Heathen Deity? but blessed be God the moderation of this City is known, and beloved of all good men; me thinks a crown a house within the Line, advanced by the Landlord, should make a comfortable provision for all the Beggars; I know the streets in that populous City of Paris were so covered with Beggars, that as you walked along upon their Holidays you might have imagined yourself in a continued Hospital; one Gedoven, famous Gedoven Provost of the City, a compassionate man prevailed to lay a Levy of five shillings a house throughout the City, wherewith the Beggars were clothed, those that could work employed, the impotent provided for, that in a month's space a Beggar was as hard to be found as a Wolf now in England, or as I hope ere long it will be to find an Enemy to the Kingdom 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 Beggars in London, I should have some probability to nourish my faith that it would be Universal, for this City is an excellent Copy for the whole Kingdom to write after. I hear others complaining of numerous Privileges, but I hope the Noble Peers, and worthy Patriots will not renounce their legal rights to gratify a company of old Usurers, or cozoning oppressors, (for I observe, that those which are conscionable in lending are courteous in forbearing) and at that word Usurer my heart rises, and is so brim full that it must needs a little run over; poor Souls, 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 upon occasion of many English men's flying for Religion to Frankford and Geneva, taking some Money with them entreated the Bankers to allow them three or four in the Hundred, because they knew not how to employ it; but he delivered his Opinion with many cautions, so as the lender gain 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 sin, and detestable, and therefore enacts, that he that takes less than 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 proceed 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 Plaintiff) to compel men to deal like Christians, who worse than Jew's cry out for Interest in these strait times, from their Christian Brethren, who have been plundered of all in the Country, driven from their habitation, scarce having food and raiment, and where to hid 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 Principal; 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 Principal, 
Si defeceris principalis.  until the witty Archbishop 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 principal 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 Heir, and an old Bond of eighty pound not worth six pence, 
Morsura non usura.  who gives Bond to pay one hundred pound, this is devilish biting, but it must not be called Usury within the Statute, though I conceive it clearly within the intent of the Lawmakers. When we object stews against the Papists, they say they will suppress them, when Protestants forbidden Usury: but I do not say any thing against a toleration of it, in case of Orphans; neither do I make any question but that in great and weighty matters a Kingdom may allow eight or ten in the Hundred, to get Money to preserve itself; for in case of necessity it was lawful to eat the Shewbread, and for Adam's Sons to Marry with Adam's Daughters, besides what the wisdom of a State shall conclude upon in such cases cannot be thought prejudicial, but that which I drive at is, that rich men in these days make it an Instrument of oppression, he that would be fully satisfied, let him read a Book which I find written by R. F. of Gray Inn, 1611. I believe the most judicious that ever was concerning this Subject; now to resume the matter of Privileges, which are private Laws to be maintained and defended as well as the Public, some Noble Peers deserve much Honour in maintaining their ancient and undoubted Privileges, and placing their legal favours upon fit Objects; if any of their followers be any way engaged, they satisfy as they are able, and the Creditors have returned their Lordship's humble thanks for some Hundreds of pounds paid by the Creditors, who had never paid a penny had they been imprisoned; others may thank that Noble Knight for their Debts, who for his clemency and commiseration intended to poor Prisoners, deserves to be styled, The Humanist of England.  
And here I would humbly beseech those Honourable Personages who are moved to grant Habeas Corpuses for poor Prisoners in Execution, to go abroad in vacations, (either like Bees to fetch in a little Honey to the Hive, gathered from the flowers of their friend's charity, or to get in their estates which is a hard matter; for every man concludes that nothing can be due to a Prisoner) Christianly to consider whether they can so cheerfully answer the denial thereof, as the granting of them at the day of Judgement; when it will be easier to answer an error of Indulgence and mercy, than severity and strictness: The Reverend Judges fitting for Lord Keepers granted many, and Creditors found the benefit of it, 
Hutton, Harvy, Crook, Vernon, etc. and when precedents are various it is presumed for liberty, in Mitiorem partem, much may be said in favorem libertatis.  for no man will return to a Dungeon if he can satisfy; the Bird will not come into the Cage unless ensnared. But Habeas Corpuses have been abused, says the Creditor, truly if he may be Judge it is in vain for the Prisoner to plead not guilty; But what has not been abused? have not the Sun, Moon, Stars, nay Women, Wine, and all things sublunary been abused? me thinks these necessitous times should be as a golden Key to open the door of hope for poor Prisoners, it being almost a Proverb beyond Sea, or rather a progidie, that an English Usurer may have as many slaves as he please, though a Lord could not imprison his Villain; and it was resolved that a slave brought from Russia by an English Merchant was instantly a Freeman, coming upon English ground, and breathing our pure air.  
And now concerning the necessary and laudable recrute of the Honourable House of Commons, 
11 Eliz. Cartwrights Case, Camb.  who may justly say, 
The Motto of a Commoner like a glorious Torch, Aliis inserviendo consumor.  We consume ourselves in giving light to the Kingdom. Anonymous brings in a flood of words, but not one drop of reason to make good his assertion, that Lawyers are not fit in this comjuncture of time to be chosen Members, the weakness whereof will easily be discovered by the strength of reason and authority, which are the two instruments to confirm all truths; in reason we see with our own eyes, 
Sapientis est propriis oculis videre.  in matters of Authority by other men's; the Divine gins with reason, proceeds to experience, and ends in Authority; the Physician gins with Authority, proceeds by reason, and concludes in experience; the Lawyer gins with Authority, proceeds to experience, and ends in reason; therefore for the discussion of this point, I shall begin with the Authority in the last institutes, the words are these: At a Parliament holden at Coventry, 6 Hen. 4. by colour of an Ordinance made in the Lord's House, in 46 Edw. 3. it was forbidden that no Lawyer should be chosen Knight, Citizen, or Burgess, by reason whereof the Parliament was fruitless, and Lawyers ever since for the great and good Service of the Commonwealth have been eligible; 
Corpus causidicorum est seminarium Magistratus.  now let right reason be Judge in all things, the Inns of Court are the Academy of the Law, and the body of the Lawyers is the seminary of all Magistracy.  
Does not the Supreme Power govern the Kingdom by Law, and are any so fit to be Lawmakers as those that must be the Executors and Dispensers' of them; King James (who certainly was the Phoenix of Princes for substantial learning) admires the wisdom of our Laws, that the Judges have no Vote in Parliament, and the Pen of famous Bacon is of that Judgement, the excellency of that observation in my weak apprehension lies very deep, I want a Bucket to draw, can any man declare the meaning of an Act of Parliament so well as the makers? who knows the spirit of another man so well as himself? the reverend Judges are bound to expound Statutes according to the minds of the Legislators, otherwise they that are at the oars, row contrary to him that sits at the helm, & then the Ship of State would quickly be in danger of drowning. That the knowledge of out Municipal Laws is not a necessary ingredient to the constitution of a Statesman, is a fundamental error in Politics; I do not hold that Reason is circumscribed within the limits of our profession & perscrutation, but I am confident that the common Lawyers of England are as understanding rational men as any Practisers of any Profession whatsoever be in the world, and I dare say that there are more Godly Religious Lawyers, Attorneys and Solicitors in England, then in all that habitable part of the World, called Christendom;  
But my Adversary would feign make his Ignorance seem judgement, I know not why he mentions Calais, I confess I do not love the least gall in ink (the rather for that any thing I know to the contrary he may be an honest man and a good Christian, though in some things erroneous) I should tell him that he mistakes our Laws As the Priest when we lost Calais, took our English brawn for sturgeon, and eat it lustily in Lent, and sent for more English Sturgeon; I can by that little knowledge I have in the Common Law tell the civilians that our trials by Jury are more excellent than theirs by Witnesses only: for how easy a thing is it, 
It is a merri● Story in Hollinsheds' reign of Queen Mary.  in a sinful populous State to get two men to swear an affirmative? and indeed by the strength of our Common Law-reason I can discover many weaknesses & errors in the Laws of other Kingdoms; but what a silly allegation is it, that we are not useful in other Kingdoms, 
Lex est determinatio legis naturae integrae non corruptae. learned Mr. Selden. Every Kingdom hath its Common Law Tanquam inter viburna Cupressi.  for all Laws are but determinations of the Law of Nature incorrupted, though every State has its distinct municipal Laws; and herein we exceed, that many of us understand their Civil and Common Laws beyond sea, but not a man of them that so well understandeth our Common Law: which for certainty, perspicuity and many other respects far advances itself above any other humane policy, but to keep to the point whether an honest Lawyer be not a necessary and useful member in the public service, to hold the contrary is to maintain so weak an error, that I think never yet deceived any man; If thou intent Anonimous, that those which have knowledge in the Laws are not fit to be Commoners, thou than art so silly that I should be sorry for this encounter: but if thy meaning be (as I believe it is) that you would not have Parliament men to practise, than there are these two things considerable.  

quere, whether it be fitting a Lawyer should have two places till his Brethren be employed, I hold it negative upon reasons irrefragable it being destructive to all state-policy.  1 Whether it be fit that a Judge of a superior Court should give attendance upon an inferior Bar: because we know what excellent service the Lawyers of the house of Commons have performed concerning the Judges who have been deservedly judged.  
2ly. Whether to be of the Honourable house of Commons do not require a whole man? To the first it may be answered, that sitting, the Parliament, all other Courts must do homage to that in any compatible point of power; But when they are out of the house of Commons, they are in particular resolved into their private capacities, and he that is an Esquire and a Commoner will not take place of a Knight that is not of the Honourable house, though truly I could wish that every Knight of the Shire especially during Parliament time (and so long as they live considering their hard seriuce) might precede all the Knights of his shire, 
The Knight of the Shire. p●r excellentiam. who for breaking the Ice in that particular deserves much commendations.  and so the Burgesses proportionably for never did mortals act in so glorious a Cause as this is, as that excellent ingenious moderator clearly proves that the King is greater than all particulars, but less than the universe, as the Chapter capitularly congregated are superior to the Dean, but apart, subordinate to him.  
To the second, I answer that when ten men are obliged to pay 20 li. if one man pays it, it is in Law the payment of all the rest: so all men and women being equally obliged to marry for the public good, when the Kingdom is populous and no want of posterity they are discharged as to that politic Consideration; So if twenty Commoners are practising in other Courts, if the business of the House go on as effectually as if they were present then that scruple is removed, but indeed I would have it with this caution, that if ever it should come to a vote in the House of Commons about the regulation of Fees, or redressing of delatory proceeding, or any matter whatsoever that is to be reform in Courts of justice, concerning the profit of Gownsmen; I would have them desired to be absent at such votes; for truly if the question were put to me whether any thing should be enacted against my particular profit, I should suspect my own judgement; nor ought any man to be judge in his own cause, when it concerns his private advantage, for as Gold is tried by the touchstone so are men by gold; it is too heavy a temptation to be laid upon any man's shoulders: for the best Man is but a Man at the best, & the spawn & root of all sin will have a being in the most sanctified man: so long as he hath any being here below, & the highest point of policy is so to settle matters that no man may hope to gain by prolonging suits, or muliplicitie of business, Machiavelli says, 
Repent ex ●●timo, fit turpessimus. As that Honourable Gentleman said at the C. P. for the encouragement of the Reverend judges. Procurator Cesaris. At Brides, by Mr. Peter's a man of a pure Evangelicall spirit, who goeth about doing good, and may be a looking glass for others. qui optime meritus est de Regno,  do but tell a good Prince that he may do what he list, and presently he becomes a Tiger. I am sure experience shows and it shall be acknowledged to all posterity, the excellent service that hath been done by men learned in the Laws since this Parliament; their names shall be had in everlasting remembrance; Faithfulness to the State and uprightness hath been their brightness & glory: and which hath been more set off with a greater lustre by reason of the reciduation and unfaithfulness of others, of whom I will say but this, the Lord pardon them their great transgression: for they knew the Law yet contemned it; I am sure they have been a dishonour to our noble profession: but I leave them to the wisdom of Parliament, only I confess I was much affected with an expression I lately heard in a Sermon, that should our enemies prevail over us, should they whom the Parliament have judged rightfully, have been judges of the Parliament wrongfully, they would not leave one of a thousand, but every man's private judgement is concluded in Parliament: whom not to believe in all State matters is moral infidelity; Only I may not forget the recognition of all humble gratitude to our most honourable Parliament for imprinting a distinguishing character upon us that have been London Residentiares and faithful Adherents to the public Cause and the Oxford Absentees, 
The shorter the better as more healthful to the body Politic.  or Malignant Lawyers, that they are not suffered like pharoh's lean Kine to eat up (I cannot say the fat pastures but) our short commons, for my own part I love their persons, and will be so charitable as to think it their error in judgement: but their ill examples have been of such dangerous consequence that what may be construed nugatory in others is piaculary in Gownsmen; As Adultery is held the greatest offence that can be committed against the husband: being so directly against the conjugal contract and alliance; so for a Lawyer to be active for the destruction of the Law, is a most transcendent enormity; For as the difference between Cesar and Pompey was not who should reign, but who should live; So the Oxford party threatens to destroy the Parliament, and so to dry up the fountain of all our lawful Libertyes; the Parliament desires not to diminish his Majesty's just grandor, but to defend themselves and the Kingdom from violence and oppression; For what aim can a House of Commons have but the Common good?  
But I leave that & bless God for what I see of some new elections of honest & religious Lawyers of our society; my life upon it Anonimous, they will have no design but the Kingdom's happiness: I tell thee none so fit as such layers to be elected; I do not one whit disparage Gold when I say a Diamond is more valluable, but I will make no such difference, this I know I may say without offence, that an honest Lawyer is as a 22 s. piece: and an honest Gentleman as a 20 s. the reason is because he is both a good man and a Lawyer; now a double sufficiency & ability must always be preferred before a finger.  
I would not so much advise as entreat my dear Countrymen that they would seriosly consider that the happiness of this Kingdom is principally wrapped up in good elections it being of as great public concernment for Counties and Burroughs to choose worthy Patriots for Knights and Burgesses as the choice of a wife is for any man's private happiness, wherein once to err is to be undone perpetually. And therefore to be exceeding careful to choose men well principled, for truly if there be not the Anchor of sincerity a principle of grace above pure naturals it is a gre●t marvel if such men be not carried away with the wind & tide of private advantages: looking too much after the cockboat of particular pecuniary or amicable interests and so neglecting the ship of Sat.  
Men of public spirits that have been active and faithful in times of greatest danger; It is all the justice in the world that those which have suffered most for the Kingdom should be honoured by the Kingdom: not to choose lookers on much less 
a It was a most gallant speech of My much honoured Lord the Noble Earl of Deubigh, that if his Lordship knew of one drop of Malignant blood tunuing in his veins he would let it out himself.  Malignants or Neutrals, which wise Solon could never endure, as judging them rotten-hearted to the State that lay only upon advantages to join with the stronger Party. Then Faith 
b Spiritus Regenerationis et Regiminis faciunt felix Maritaginum.  & Faithfulness being premised the more humane learning, the greater parts, abilities & endowments in all other respects both mental and corporal, the better it must needs be without exception: because humane learning is consecrated and apppointed by God for public government; and certainly, he that undertakes so weighty a business with fear and trembling, and a Godly jealousy over his own heart and abilities, continually imploring Celestial assistance is the likeliest man to be instrumental for all our happiness; for 
c As ingenious Mr. Withers observes who hath prevented me in this subject in many judicious Observations and directions. Had it not been for our Renowned H●mdens, Pyms, Goodwin●, non●e actum fuiss●● de Libertatibus?  truly to be a Parliament man requires a piercing judgement, and a deep foresight into public administrations, this I would only beg of my dear Country men that in doubtful cases when many may justly be elected, that they would always prefer him who in the constant course and tenor of his life hath given largest testimony of his love and affection to God and goodness; for truly jesus Christ hath saved the Kingdom.  
But if all Electors should not walk by that rule, it does not any way reflect upon the non elected, no more than when two noble Gentlemen court a worthy Lady where one must needs have a denial He that in the sincerity & integrity of his heart desires to serve God by serving the Kingdom in a publ●ck way if he be lawfully called thereunto internaly by God, & externally by man, he may l ve with content, and shall die with comfort; as the wise Venetian that was not called to the Senate said, I rejoice that there are 500 abler men in the City than myself.  
It is a most happy condition to be ever doing good, and to be just & serviceable to our generation in sincerity without hypocrisy; but what pains soever any man takes for his Country it is but cracking an hard shell, the kernel is his own, sweet content here, and perpetual mansions hereafter; 
Vendidit hic auro Patriam.  As on the contrary Traitors to their Country, Subverters of Laws and Libertyes will be placed in the worst chambers in Hell before selfe-Murderers.  
As for Reformation in Courts of Justice where any thing is amiss, I protest it is my highest ambition, I aim it in my profession, there is an envious opinion which I would fain remove; that Lawyers are enemies to Reformation in matters of Justice. I am sure every honest Lawyer hearty desires the good of his Country, & whatsoever the Parliament shall conclude most conducible to public justice. I hope we shall embrace with all alacrity knowing that we are a considerable part of the Kingdom, & what is good for the whole body must needs be good for every part of it; Indeed if there be any malignant or neutral Gownsmen or Swordmen that have public employments, & high Places.  

●erdate v●i ●●iori. ●●ista loqui● qui est om● homo. ●t conspira●ta Daemonia.  Take heed Gentlemen says the Italian, when a Jesuit comes to ask any question: for where great parts and little honesty concur, then Caveto be your Councillor.  
And truly that word Sword men puts me in mind of our precious Armies, which no doubt are dear to the remembrance of every good man, as the most virtuous Lady to an enamoured Suitor. It would be a very unrighteous thing, and me thinks blame worthy to forget their extraordinary labours of love, and to conclude a Law treatise, or indeed to write any book without an Honourable remembrance of them that have been so instrumental to maintain our Laws and happy Government; For I know no greater Argument to perseverance, next to an inward Principle of goodness, than that honest men are fully persuaded that a man is just and gracious; for a great engagement lies upon him to answer expectation. Greater love did never any Nation show, than the most honoured Brethren of the Kingdom of Scotland to come in so freely to help the Lord against the mighty; the Lord recompense it, and all the good that they have done for us unto them, with all Spiritual and Temporal Benedictions.  
What Laurels of honourable Praises are due to the most Noble late Lord General Illustrious Essex & to numerous gallant Commanders under his Excellency's command, Oh that we had an Homer to sing the praises of every good and great Achilles.  
The King of Sweden was wont to say upon the death or change of any great Commander, that when God rides post for the good of his Church: he uses many times to change horses that one may not have all the honour; many of our Centurions have done so gallantly that many Volumes cannot contain their just praises: therefore I entreat their pardon that I do not name any in particular lest I should not pay them half their due, & so be thought to exclude the rest, dear Souls, they have marched many a mile to engage for us, therefore if I make a little digression to testify my honourable respect to them, it cannot be thought unreasonable.  
Concerning our Noble General, whom I trust shall shortly have the Olive for his just Guerdion (for I hope we shall not long continue under the Malignant constellation of Mars & Saturn, as Crows amongst Carcases but every honest man shall live peaceably under the gracious influence of jupiter & Venus) for matters of military prowess & gallant valour; I need not say any more but that he is the son of the Right Honourable the Lord Fairfax, and of the noble Daughter of the truly Noble Earl of Mulgrave.  
And here Duty and Gratitude must make a parenthesis, I cannot mention this good Earl without an honourable remembrance in whom Greatness and Goodness keep their cohabitation: for having had the honour to advise his Lordship concerning his estate, I find a mine of wisdom in his noble mind; our late Sovereign King james rejoiced at his magnanimous comporting the loss of his three noble Sons: The Relation whereof deserves a whole volume, one saying was most remarkable: that jesus Christ my Saviour died without issue; 
Salvato meus mortuus est fine exitu.  how zealously affected his Lordship hath been for God and his Country since 88 I am sure all good men love and honour him for it; Indeed the Piety Humility and chain of Graces in the noble Countess and the virtuous Ladies (wherein all their ambition is to excel one another) far exceed the most invaluable Diamons and jewels, and to say much in little So much as a man brings of Christ with him thither; so much welcome there.  
Now that I may be true to my first principles, I shall say nothing of his Excellence but in relation to jesus Christ. This fully discovers the excellency of our Noble General's spirit, that deserving so much he will not take the least honour to himself, but all must be ascribed to God & those numerous victories looked upon as love tokens from Heaven handed over by the Lord Christ, as forerunners of that absolute Victory which He will have over all his enemies, and rejoices so far form as God makes him instrumental for the good of the Kingdom.  
What an honour is it to command them who command themselves, 
Omnis denominatio sumiter a digniori vel a Majori.  and those whom the Angels rejoice to serve, and for an Army of Lions to be commanded by a Lion, who is commanded by the Lion of the Tribe of judah what Antichristian Power can make resistance, when it pleases God to lead them by the hand, who hath promised to stand at the right hand of his servants, and will honour them that so unfeignedly out of right principles by true means and for glorious ends honour him.  
I cannot but take notice that our Noble General is of Gray Inn, nor can I forbear a general remembrance of many precious gentlemen in the Army of the same society in whom the seeds of virtue have been sown even from their years of discretion.  
I wish many Arms were taken down from our Hall windows, and these noble Gentlemen placed in their room, for as he that fights for the Law, 
Ex parte Dei et ex parte rei. Annot. 2. Tim. 4.7. Lachrymae sunt sudores cordis.  wins an honourable esteem, of all good men, so they that oppose the Law ought by the Law of Arms to have their Coats removed, and just as I was writing, there comes news to me that there is one heavenly light more in Heaven, sweet Colonel Pickering having fought a good fight and kept the faith, and professed a good profession before many witnesses hath finished his Course, & received his garland even a Crown of righteousness, 
Sir Gilbert Pickering one of the noble Knights for Northamptonshire.  and were it manly the sweat of my heart would blot my paper, and were it not that pure love cannot consist with much grief when the party beloved is made a Saint, and that his noble Brother carries all the graces and virtues by survivorship, they being joint tenants of them all, his loss should ever be green in my remembrance.  
What actings of faith do we hear of for the taking of strong holds from the Enemies; that gallant Gentleman second in command (who fears nothing but to offend God) at the storm of Basin, being acted with the same spirit that the prophetical Psalmist was confident that God would enfeeble the hands and legs of Popery, 
Psalm. 115. ●.  and that their Idols were but vanity, and not only then, but many other times the Lord hath graciously said unto them according to your faith, so be it unto you.  
The General question is still, what is the mind of jesus Christ in this particular, was there ever such glorious things done by faith since the 11th. of the Hebrews.  
Oh what heavenly breathe of the spirit and religious Conference is there in the Army! when will Zion be established in perfect beauty says one, when shall jesus Christ be set gloriously upon his throne says another, God can save by one as by many says a third, let's do our work and trust Jesus Christ for our wages, shall we think much to lose our blood for him, who has shed his precious blood for us? Jesus Christ took Bristol; no Iron bars can keep out Jesus Christ, if we die, we live, and our Indentures are but given us in a little before their ordinary time, with many such sweet divine expressions that they are in heaven upon earth, abounding in that excellent grace of spiritual resignation in all the dispensations of divine providence, the hand of God is always good, and his time is ever the best; that I am even ravished at the apprehension of them, never having heard the like, unless it were in that most comfortable speech of that dear servant of Christ, Mr. Burton at his suffering the like glorious manifestation of the spirit in my opinion is not legible, in Mr. Foxes worthy labours, besides a most admirable spirit of love Commands as in chief throughout the Army, that I heard a gallant man say it were worth riding 5000. miles to behold it, but I shall turn my praises of them into prayers for them that not a hair of their heads may perish, though truly I do not so much praise them as the gifts and graces of God in them, wheresoever we meet Jesus Christ and see but the least dawnings and breathe of his sweet spirit, we are to love him, and exalt him with our most studious praises, and truly I hope the time is coming that good men shall be great men, and that grace and honesty shall be of more authority than stamps in Gold, and every man principally valued according to the impress of jesus Christ upon his soul.  
If any man should vainly object that by reason of the novelty of some expressions, I seem to give a blow to the Laws. I answer that it is the ceremonial Law that I strike at and I can demonstrate to any intelligent man, that there are Ceremonies and formalities in Law which are as impedient, and inexpedient in Courts of justice, as ever the Ceremonies, or any Popish traditions were burdensome to God's people in matter of worship.  
This which I contend for, would be no alteration of the Law, but additional to it, for is it any alteration of the rule to lay it to the timber, must not the physic be applied to the diseases, why then ought not the Law which is the rule of justice be always constrained to make good men honest and plain intentions, why not as well as in the King's case I complain not of the Law, but of the encroachments made upon the Subjects previledge by Ministers of Justice, and that so universally, that in going to Law, he that speeds best buys Gold too dear. The reason of some proceed being as obscure as Tradesman's mark past all discovery.  
I admire and honour the wisdom of the Common Law, and I would have no man to judge it, or be wiser than it, but that must be understood of fundamental Laws, the alteration whereof as Sir Ed. Cook observes, introduces manifold inconveniences, as in that Statute of imprisoning men's bodies for debt, & devise of Lands, as if he that lay on his death bed, could be wiser than the Law if it were a just and perfect law, but much of a Banbury Cheese may be pared away without any destruction of the substance.  
I would not have Law Books to be dealt withal, like the Common Prayer Book, which as happily lain aside like an old Cask, for its ill savour, but refined purged, and conformed to right reason speedy Justice, and consconable equity, let this expurgation be at the first dash of all matters Ecclesiastical and Bishop's appurtenances, for what fear is there to expel the brats having banished the Father.  
Another scruple I would humbly crave leave to speak unto, I hear it often objected that a Court must not make new Precedents, I marvel by what rule the first Chancellor made orders and decrees, or were there understandings so clearly illuminated in the dark times of Popery and profaneness, that it is impossible any further light should be discovered; besides, are not causes so various by reason of the continual multiplicity and vicissitude of humane affairs, that as no man goes twice into the same water; or seldom are two causes without some different circumstances, have there not been more lamentable cases happened within these few years, matters of transcendent equity, and conscience then in many ages before, and must we always keep the same pace in foul way and weather as in fair?  
Our Books tell us that the Rule of Chancery is equal and good, and if there have been 10000 decrees unless the present judge, see the equity and goodness of them, certainly they ought not to be any rule for his conscience, can any man give right judgement by another man's conscience, certainly that will be as dangerous to the body politic as the Popish implicit faith was to Christ's body mystical.  
I confess former judgements and decrees are good grounds of deliberation and serious consideration; but not of resolution to judge accordingly, because it was so held formerly, unless I see evident reason concurring with that authority.  
If men had good judgements they need not read Histories nor search for Precedents, for put case that new Courts should be created (as the happy demolition of some will necessitate the erection of others) by what compass should the judges steer the course of their proceed, but by right reason, the force whereof is great, That an exact Rider governing with the bridle, which is universal justice, all the world over, Reason being like the highest and lowest Honours, Universal where Tyranny makes no obstruction, as King james in his Starchamber speech tells the judges that if they cannot make forth the reason of a judgement or decree to an intelligent Scholar it was much to be suspected.  
Besides Christian, Magistrates stand upon the vantage ground, having the great-summinary of sacred writ to sublinate the less luminary of Humane prudence, for Divinity perfects and refines all mental endowments.  
But than it will be said that by this means all things will be uncertain if one Judge or Chancellor shall cross their predecessors.  
I answer, nothing less, for it is the greatest certainty and security imaginable to judge all things by right reason, when no Justicer will proceed further than he sees reason for it, enlightened by former precedents, but if otherwise, that Justicers shall be tied to proceed according to former precedents, without understanding the clear reason and conscience of them, then if the first precedent was erroneous (as who dare swear that it was not) we must be undone for ever.  
It is further Objected that in such cases the Parliament must be attended, and much I have heard spoken concerning Judges Oaths, I presume to answer it thus; That I am confident it was never the intent of the Parliament, nor of any oath that ever was administered by Protestants, that any Judge, or Justicer should deliver his judgement, or make any blind decree until he see reason for it, though there be millions of judgements in the very point for as the intent of every statute is principally to be regarded, so is the reason of every judgement; if there be most excellent reason for it, yet if I understand it not, it is not my reason and consequently an unreasonable judgement, I say it again, for fear of mistake, that every Judge must proceed according to his own judgement and conscience (for when I see the reason of a former judgement, than it becomes my reason) and there is nothing can be objected against this, but I can improve the argument to the Pope's advantage, for no wit of man can find out a medium between an implicit faith, and that for which I see a reason.  
I had all most forgotten one observation concerning actions, upon the case for slanderous words, King James told the Learned Lord Hobart, that the wisdom of our Law was admirable in this, that a man may not strike though never so much injured by words because between words and blows, there is no proportion, but I am doubtful whether in Conscience, a man ought to recover damages for scandalous words, when in truth, he is not damnified, but the thing I aim at is, that we want a Court Martial or some Court of Honour to determine such difference, for many men care not what they say, if the words be not actionable, and a Gentleman may be called Devil, Knave, Rogue, Rascal, base paltry fellow, Jackstraw, and a Ventum sadi, Jade, Witch, Whore, and many other barbarous provoking speeches, (which for the present are not fit to be known, therefore I forbear to mention them,) which being not actionable, the parties provoked fall to striking, to rescue their ravished honour, and so take the sword out of the hands of Justice, to the great dishonour of Government and many cunning fellows will purposely give such Curtish language to engage men to strike, and so to bring an action, and then the Law is defective in this, that he that is stricken may beat the striker outrageously, and yet may justify in his own defence, whereas between one blow and twenty there is no equality of reason.  
But when a man is dishonoured by words, Actionable, the Law is so tedious, men's spirits being inflamed and enraged during the suit, and hazardous, that a quiet spirit has little mind to sue, besides the judgement of reparation is left to i. e. men that understand common honesty, but are not sensible of honour and reputation with us, the very life and blood of a Gentleman and the sweetest flower in every man's Garden, therefore it is requisite that Justice in these cases might be done in a more summary way, that having seriously considered.  
1. The occasion (if just or unjust.)  
2. The persons (if inferior or superior.)  
3. The times. And  
Fourthly The places, whosoever has scandelized or disparaged any man that the wronger be adjudged to ask him forgiveness to unsay it publicly, and if he be damnified in his estate, to repair it, and his estate seized for the money, and himself imprisoned during his contempt, and to be esteemed of all honest men, a barbarous rude and uncivil person, unfit for civil company, and humane society, for men that will not submit their action to be tried by Law (which is the Level that all good men desire to walk by) and by Justice which is the chief of all the virtues (it being but just and reasonable that every man that wrongs another in any kind should make him satisfaction to his ability) are fit to live amongst Bears and Tigers, then in a well governed Kingdom, and if this be not according to the mind of jesus Christ, I shall retract it upon conviction.  

Kind Reader;  
There is a late Treatise set forth by William Ball of Barkham Gentleman, entitled The Sphere of Government; wherein, there is one dangerous opinion, (Like a Fly in a Box of Ointment) he puts a Case by way of supposition, that suppose the King and Parliament should make an Act, that they would and might dispose of all Subjects estates in Engl. and that they might take from whom they please and what they please, in such an impossible possibility, as he ingeniously calls it, he answers, that the Counties might & ought first to Petition (and so far I agree with him in it, being an humble trial and commendable way but adds further that if it be not remedied, than they may declare and protest against it, if violated, than they may defend themselves by Arms.  
I would not willingly construe any man's words beyond his meaning, but this I must say, that it is an expression of more dangerous consequence, and more derogatory to the just power of that supreme Court then any thing that I have seen or heard this Parliament; for do but imagine any refuge or shelter from that which the supreme Court shall declare to be just in civil affairs, and you instantly erect a higher tribunal, which must be as prodigious as many Suns in one Firmament (as Jupiter said if the Sun should marry and beget another Sun, there would instantly follow a general condagration and burning up of all things) for if the people should but once drink in that error, that the Parliament is not the supreme Judicature in all cases, but that they may in some cases araign the greatest Court no man shall wear a new Garment, then sad distraction would be but a flea-biting to what would follow.  
And whether it be in a matter indisputable or disputable, it will not make any difference, for if the supreme Court be not supreme to all intents, it is not supreme to any intent, 
Magis & Mi●●●.  because there is a higher above it; There is in the Kingdom so many thousand Acres of land, either the Parliament may settle and determine the right of all their Acres, or not of any one of them, for there is no medium, and more and less make no essential difference in reason, the latter whereof is such a Parodox, that he that is half sound in his Intellectuals, will be ashamed to own it, but many a man maries a Widow that would gladly be rid of her Children.  
The high and honourable King's Bench is a superintendent Court, and deals in matters Capital, which the Parliament rarely does; yet cannot be called the supreme Court, because accountable for administrators irregular and illegal. The deciding point of power must rest in some Court determinately, 
Apex potestatis.  for there is and must be in every Kingdom, one supreme Tribunal from which there can be no appeal, otherwise the stronger will destroy the weaker, and Civil War must follow unevitably. True it is that the Law is a rule to the Parliament, so long as it is in force, but any Law may be suspended or abrogated and a new one introduced and surrogated, as to the public judgement of State shall be adjudged most conducible for general safety and tranquillity, according to several exigency and State emergency, otherwise the Kingdom would be in a sad condition, for the Law which is for its preservation would occasionally be its ruin and destruction. But I shall tell him in love, where I find his feet sliding he mistakes the nature of democracy, where the power resides in the people (as all lawful power originally is) they may nominate what Governors they please, and may prescribe in what form they will be governed, but when they have settled a form and elected Governors, they may not displace and change that Government. As for the purpose, Geneva is a pure democracy, every inhabitant has a voice in the election of 200. which are the grand Counsel, and they elect, 25. who elect 4. annually, this must endure to the day of Judgement, unless changed by mutual consent, the people in reverend Mr. calvin's time having cast out their Bishop, would have changed their government, Mr. Calvin told them it was a direct breach of the 5. Commandment that he would be a pastor of sheep and not of Wolves and left them till they were convinced of that error, His instances of Arbitrators and Feoffees in trust are lame, if they abuse their trust the Law provides a remedy, because their power is limited, but it is impossible that the supreme Court in any Kingdom should be limited nor can it limit its own power, no more th●n a man can continue alive, and cease from breathing and exercising other natural functions, true it is that the body represented is stronger than the representative but the legal authority is in the parliament where it has been planted and settled, for many hundred years, and let that hand whither that shall seek to Rob them of it for a government, there must be, and no human policy could ever find out a better.  
Loving Reader I pray the likewise take notice of a 3. leaved Pamphlet entitled news from Hell, Rome and the Inns of Court, and believe it that, Hell and Rome are the two Elders, and the Inns of Court the chaste Susana, when our Clients give us a Fee, we take it in love, as a  virgin does a pair of Gloves, sent unto her for a love token, if the giver expect any brutish thing, we abominate the first rise of dishonesty, the Author like one of machiavels Scholars thinks by his over confident calumniation to make some thing stick upon our noble and Gospel profession but it is but shooting a headless Arrow against Armour of proof, for our profession is pure Marble, 
1 Tit. 3.13.14  and no dishonour can be imprinted upon it, but upon a second perusal of it, I find that in a Charitab e construction what he said may be intended, only of such Lawyers that are of the Oxford party, therefore I pass by it.  
And now Courteous Reader to draw to a conclusion, because I will not trouble those that need not know so much nor weary the intelligent Reader I have but one word to speak to my adversary which is to entreat him as a brother to retract this fond and weak opinion as being (though I am persuaded not intentionally yet consequentially) destructive of all state policy, or else truly Anonymous, 
Though it be such an error that thou mayst carry to Heaven.  I shall not be friends with thee that is with thy opinion, for I will ever be a friend to thy person for I praise God I am not so wedded to my own opinion as to love no man, but he that shall concur with me, he that loves another man, only because he is of his Judgement loves himself in that man as he that mourns for the death of a friend, mourns perhaps rather for his own loss.  
If there were some lines of Communication, and rules of association, or such principles of union that all honest peaceable men though of different judgements might walk with endeared affections to one another, 
Duraeus inclitus Scotus peregrinavit multos ann●s pro Concordia inter Lutheranos & Calvinistas, Beati pacifici Jllus●rior est unio, quae nascitur ex charitate quam unio cujus precium oritur ex raritate.  till every man's spiritual eye sight be equally alike, provided that no opinion be any way destructive of State policy, as tending naturally to inflammations, certainly it would exceedingly conduce to a most happy reformation, I blush to read such extreme bitter passages and railing invectives as daily come forh to gratify and make music for our Enemies, for shame forbear or cease to be Englishmen.  
I would presume for the reconciling of various opinions and preventing all disaffections as much as may be to propound to our most noble Senators that learned Godly and sweet spirited men might be appointed, so soon as they hear of any erroneous opinion (so generally conceived) mildly to answer every printed error to repair to the Authors, or maintainers of it loveingly to show them their error and to admonish them convictingly whereby thousands by God's blessing may be convinced (for spiritual maladies require spiritual remedies) and the Governors not so much as acquainted with it, unless it be a moot point, and very disputable, and then further light must discover the nakedness of it, 
We Lawyers know what is a breach of the peace, and for prevention let men be bound to keep it if there be a just fear.  for no rational doubt can disturb the peace of the Kingdom as that Noble Peer who went to Heaven as in a fiery Chariot in an active martyrdom for the public good clearly demonstrates in his divine treatise concerning Bishops, reason being the perfection of every Kingdom.  
What a stir there was in the Bishop's times about private meetings as if poor souls that meet in Corners to pray (and that for the happiness of the Kingdom whose prayers no doubt were heard as being favourites of heaven) would thereby disturb or endanger the peace of the Kingdom, oh that ever rational men should give such a Bill of divorce to common sense and understanding  
This is practised amongst the Pontificians with great success answerable to the Venetian policy, where when any man is injured by another the patrons of justice, find out the party wronged, 
Quadruplat●res.  and follow the cause for him to take of all vindictive prosecutoins, that every thing may be done for the love of justice, and 3. or 4. in every County, authorised as arbitrators general to take up and compose all private quarrels and differences in a Christian way of love would prevent numerous suits, and vast expenses, and truly every man that professes to be a Christian should study hard to be a Son of Truth and Peace.  
One thing I must insert that may answer all objections, that whensoever any man in humility, propounds any thing tending to a politic reformation of something that he conceives to be amiss in a Kingdom, that he must cheerfully submit unto the present practice, until the wisdom of State shall otherwise determine, according to that excellent saying, we tolerate or rather submit to many things which we do not love.  

Multa toleramus quae non amamus.  Farewell Anonymous that I may speak freely.  
I think thou art an honest man and of a public spirit, two excellent qualities for which I esteem thee, but in this thy zeal is not managed by right reason.  
If any man towards the Law be unconcionable in his practice, the Lord work repentance in him, so as to make restitution, as in the case of Zacheus, No period better than prayer, Therefore here I cast Anchor, and bind up these spreading lines.   

additionals omitted in my absence, P. 17. L. 31. add  
I hear many complaints that writs of Error are not determined, truly, if any man will not pay his debts that is able, but takes advantage of the Benches Vacancy, I wish he were in excecution to morrow: but if poor men bring writs of Error merely to preserve their Liberties, it is far better for the Kingdom that they should hang in suspense and abeiance till doomsday: 
As in the jews divorces● Difficillimum est homines amplissima fortuna ditatos legibus ●ntinere. Plato.  then that any man by Indurance should be disabled from serving God and his Country in their lawful callings and this is not repugnant to God's command of not pitying the poor in Judgement, because it is after Judgement: & in the nature of an equitable clemency to mitigate the severity of an introductive Law made and continued at the best for the hardness of men's hearts for by the Common Law it is not so; Indeed the malignity of writs of Error consisted in this, that rich men will scarce ever obey the Law when Judges have ordered reason.  
P. 39 l 31. If there be any such Counsellors that sell their silence as well as their words, & take money not to be against them as the Indians are said to present the devil lest he should hurt them, 
Ne nougat.  that promise to be at 3 Bars at the same time, ubiquitary Practisers (as I hope there be none that purposely do so) let them think of the day of Judgement, quando judicia erunt reversa post judicium: 
Luther.  which will be a righteous Declaration without the least Error, and tremble for fear lest another day they should run about to the Courts of Radamanthus Aeacus and Minos, I cannot omit a story told us going to see the finest prison in the World at Pavia; at the crossing of the Po, 
Padus.  every man's horse leapt boldly into the Bark but one that would not by any means enter, till at length a passenger whispered in the horses ears and in he came with courage: the Ferryman thinking it might stand him in great stead to know the words, prevailed with the passenger to tell him, which were these, Sicome lanima de Cattivo Avocato va all casa del diavolo cosi va tu sopra questa barca. As the Soul of a wicked Lawyer that cousin's his Clients goeth to the house of the devil, so leap thou into this Boat.  
P. 43. l. 26. Yet I confess there may be sometimes good use made of Law-subtilties and niceties to find out a starting hole for the poor and oppressed, as the Physicians make good use of poison, or sometimes to pay an old oppressor in his own coin; I confess I do not hold a it Christian proverb to deceive the deceiver, because we must ever in bargaining do good against evil: yet peradventure a man that hath been cozened without legal remedy may by some after subtlety make himself a saver and that justly: the Spaniard says to cuckold the Adulterer is but to get a Fox or wolf into a trap, however that be not righteous, yet many times I observe the finger of God in the mistake of a word or syllable to help the oppressed.  
P. 48. l. 27. For truly, to be no more dextrous in administrations of justice now then formerly; is for a man to be no wiser at 60. then at 30. for it is not in Courts as in our bodies that men are at their strength at 30. and then a stay and after a declination, but a fountain continually sending forth fresh and sweet waters of justice,  
P. 54. l. 1. Would you have finer cloth than is made of English wool? no, blessed be God there are enough that are Infra causam meriti. But is there any way always to be sure to have good Judges? I know one, and that's infallible, that the Lawyers be all of them good men, for they are heirs to judicial places,  
P. 55. l. 29. For truly to put a young Gentleman to study the Law without direction, is to send a Bark without a steersman, sail, or anchor into an angry Sea, Mr. Littleton being undoubtedly the most crabbed Author to begin with of any Science in the world: plain ground is ever best for young excercisers.  
P. 50. l. 4. Truly, It did me good to hear in a Kentish Case the last Term, where the question was upon a trial about passing an inheritance without the word heirs, now the reverend Judges declared the Law according to the intent of the parties in purusance of the consideration which is the meritorious cause of every Contract.  
Page 69. Tacitus said of usury, quoth in Civitate nostra semper vetabitur, semper retinebitur, obduritiem cordis.  
Page 75. l. 20. After Tyrant read but I am utterly against their practising before the right honourable Lords for though the Judicatories and privileges be distinct to many purposes yet as to the Grand Concernments of state it is rightly styled the High Court (not Courts) of Parliaments which being the two eyes of the Body politic, can no more look several ways then a man can with one eye look up and down with the other; and than if any matter which hath been dijudicaced in one of the honourable Houses should humbly be presented to the other, how can it be avoided but that the same person would be both Judge and Counsel, which I conceive to be a stronger case than my Lo. Dyers that a man cannot be Judge of the King's Bench and Common pleas, for so he might reverse his own Judgements, and that was the reason that if a Parson had been made a Bishop it had been an avoidance by reason of subordination, certainly for a man to be Judge in one Court, and a practiser in another, is a great Error in politics, and I am sure not permitted in any other Christian Kingdom.  
Page 77. l. 12. Good Countrymen be for ever exceeding careful in all your Elections let no subtle crafty Malignant for fear or favour procure himself to be Elected to disturb our blessed Counsels, If a pure Virgin should cry out and crave your help, would you not sly to her assistance, truly Justice is an immaculate Virgin and craves your help to send Religious just and sweet spirited men to keep the fountain pure, or else no marvel if the streams of Justice be polluted.  
Page 38. For he makes more motions in a Term then another in a year as the famous Florentin Sculptor Donatello being desired by the Consuls to make a statue, asked 50. l. for it they thinking it too much employed, an ordinary artificer who asked 100 l. for it, they being angry, referred the price to Donatello who awarded him 80. l. saying I could have made it in a Month, but the other was three Months about it.  
Page 6. And so I have seen a Petition in the behalf of the poor Clothworkers full of sad complaints. If those many poor souls might have Justice at a cheap rate and speedily against the transgressors of many excellent statutes how could it revive their drooping spirits? but let all honest heart's cheer up, I doubt not but we shall have speedy justice, the wages of the servant recovered before morning, Liberty written upon every Man's door. Christian Laws in all points establishd, free trade for the glory of the Nations, and all Monopolies banished for ever.  
Lastly, But the ancient Maxims of the Common Law, are in many cases manifestly deluded for contrary to the Statute of 4. H. 4. after Judgements in Ejectments new actions are brought verdict against verdict, Judgement against Judgement, without Attaint or Error, as in the case of the Kentish custom of devising to use the word of the Lord Chancellor ELLESMEre, suits for one and the same cause, are carried from Court to Court as power and might of the parties, or favour and affection of the Judge o● corruption of the Officers, or subordination, and perjury of witnesses or such like shi●ts and tricks as can best accommodate the business, but blessed be God never such worthy Judges, as now; the Lord be with them in all their Jugdements, and increase the number of Religious and faithful Judges, for this Kingdom's happiness.  
Because there is some opinion printed that the Equity, or Iniquity of a Judgement ought not to be questioned in Chancery, I think fit to subjoin the Lord egerton's words, some that take pleasure, ludere in verbis dormitare in sensibus, and so dispute, de apicibus juris aequi & boni ratione praetermissa, and profess learning, pueritia literali non Intelligentia spirituali, have pressed and strained the statute of 4. H. 4.23. not on●y against the Pope's usurped Authority, but the Chancery thereby opposing the King against himself, who is equally present in all his Courts and what need had the Lords and Commons to engage themselves to stand with ●he Crown against the Chancery, (oh that his Majesty would yet at the length forsaking a●l destructive ways engage himself with his Noble Lords and Commons against all Antichristian power, sin, and profaneness) grounding their conceit upon the words or else where, which was at Anignon where the Pope resided aswell as at Rome, and so I hope, I have fully satisfied my Antagonist, Antinomist, to whom I wish well in Christ Jesus.    
FINIS.  

ERRATA.  
PAge, 10. line 5. for hea●ing a, read heavy p. 15. l. 30. for his r. the others, p 16. r. precipitous, p. 19 r. Lovies case, 20. r. murderer, p. 23. l. 23. r. swear his discharge Sulfa terra, p. 26. r. Chancery. p. 43. l. 8. r. in abeiance p. 44. l. 17. r. Counts, p. 45. r. secunda, 48. Vergerus. falls, p. 49. r. nubeculam, p. 57 r Hosterie, 83. of land is happily, l. 29. r. this, 3 r. r. the p. 84. l. 3. r. so ls 27. r. that should be l●ke, 35. r. luminary, 36. r. sublimate the lesser, p. 87. for trial r. legal p. 88 l. 4. r. these sad distractions, l. 12. r. these, p. 71. for creditors, r. debtors, and read 11. Eliz. Cartwrights case Camb.