A Looking-Glasse FOR ALL Proud, ambitious, covetous and corrupt LAWYERS. Wherein they may see Their fore-Fathers Love and Humility. * Dion. Halicarn. l. 2. Livius l. 1. Plutarch. in Romulo. The like was used amongst the Thessalians, who called these kind of Clients, Penestae. And amongst the Athenians, who called them Thetae. Lazius. Comment. Reipub. Rom. lib. 12. c. 3. Dempster. Antiquitatum. Rom. lib. 1. c. 16.17. Car. Sigon. de Antiquo. Jure Civium Rom. WHen Rome was in her integrity, the great men studied the laws, and pleaded the cause of the poor without fee, Jure Clientelae: Every eminent man having many hundreds, nay, some thousands of poor men under their protection, for whom they did, respondere de jure, make defence in Law. This was a mutual Obligation of common charity; and these ●nfeed Patrons were justly styled, Sacerdotes Justitiae, Priests of Themis the Goddesse of justice. But afterwards, cum abundantes divitiae desiderium in●exere per luxum atque libidinem pereundi perdendique omnia: When abundant wealth brought in luxury to afflict the manners of the Common-wealth, they grew into corruption with the times, took fees, and became viles rabulae, Hackney Petty-foggers, and Hucksters of the Law. Now, though our Lawyers were never in that state of innocency to practise without Fee, yet were they never in that height of corruption, and unlimited way of gain, they are now in. I have heard old men say, they remembered when Lawyers at the beginning of a term, would stand at a pillar in Pauls, Temple-Bar, the corner of Chancery-Lane, and other Avenues, attending the coming in of their countrymen, with cap in hand courteously saluting them, and inquiring what business brought them to town: not much unlike watermen, plying for a Fare. But now they are grown to that height of pride, that a man can hardly( after long attendance) come so near a great Lawyers study-doore, as to bid ( God save him) without a fee or bribe. Nor are their fees of mean value three pounds, five pounds, six pounds being usual, even for making a motion of five or six lines: and if he be a Lawyer interioris admissionis, a Privado or Favourite, so much is well given to buy his silence, that he appears not against you: Oh misery! poor men cannot go to the price of justice, and rich men are oft undone by buying it. * Prevarication was so detestable to the Roman Patrons, when they took no fees, that by the Decemvirall laws, it was enacted; Patronus si Clienti fraudem fecerit, sacer isto. But when they practised for fees, all-corrupting money taught them to sell their faith, and betray their Clients. Claudian. in ruffian. Profert arcana, clients fallit. Walter Norborne. Nor is it an unusual thing for a Lawyer to be of council with one party, and to prevaricate, and be of confederacy under hand with the adverse party. By these means, though there are so many Lawyers( besides Attourneyes, Clerks, and solicitors, to spring game for them) that they can hardly live one by another, that the multitude of Professors scandalizeth the profession, and oppresseth the Common-wealth: yet many of them rise from nothing to great estates, five thousand pounds, six thousand pounds, nay ten thousand pounds, twelve thousand pounds land by the year,( to the admiration and detestation of foreigners) and purchase Baronies and earldoms. But this bought Honour, is Honour the Whore, not Honour the Virgin. And this is an evident demonstration of a decrepit Common-wealth, when these necessary evils do so increase and multiply upon us. Nor do our Lawyers practise any thing more, than to please their more litigious Clients, by evading laws and Statutes, with intricate Pleadings, Mis-constructions, and delays, and where they fail, by enervating the laws under a pretence of Equity in Chancery. This Court was Griginally Officina Juris, the work-house where original writ were made, it received Inquisitions and Offices post mortem, and dealt in some other businesses assigned to it by Acts of Parliament, and the Lord Keeper, or chancellor, had the keeping not only of the Kings Great seal, but of his conscience also; and did right to many men upon supplication to him of wrong and torts done them by the King his immediate Officers, or Tenants, over-ruling that Law maxim, The King can do no wrong, where Equity( sharper sighted then the Law) saw a wrong. * Spalman. trifariam facit Cancellariam. 1 Ministralem, queen originis antiquae. 2 Judicialem, seu forensem, quae mediae antiquitatis. 3 Praetoriam, quae recentioris originis est, & hoc sensu Recordi Curia non habetur: huic subjiciuntur casus Anomali & exorbitantes. But very few ages since, the Lord Keeper( under pretence of keeing the Kings conscience) takes upon him to have an oar in every mans boat, a conscience in every mans case but his own; and exercises a praetorian power, Secundùm Aequum & Bonum, according to equity and good conscience. Under which notion, the Jurisdiction of this Court hath very lately over-flowne the Land like a Deluge; so that all sorts of civill causes, first or last, are ventilated there; and all other Courts are but Courts of Pie-pouldier, in comparison. And yet it ought to meddle but with three sorts of businesses. 1. Breach of Trust. Take away the the Statute of Uses( whereof we have little use) and this clanse is almost gone. 2. Combinasions. Which are now made the impudent suggestions of every Bill, though never so apparently false: only to hold in the cause, which is a clear confession that frauds and deceits are the greatest things that this Court ought to deal in. Yet it is now become the common Sanctuary for all brabbling, and deceitful persons, which ought to be a shelter for the simplo and oppressed. 3. Accidents. Casus fortuiti. As when a man traveling with money to pay his debts, falls into the hands of thieves, whereby he is enforced to fotfeit his security. Yet in this case the Common Law-Courts may give a remedy, and do. Nor doth it appear upon what grounds in Law the Lord Keeper hath Conusans of these three recited points. But now if a man have but communication of a bargain with a litigious crafty person, he will by the help of that thing called Equity, cry it up for an absolute bargain, and enforce the performance of it. Nay, contrary to the Statute, 4. H. 4. c. 23. this Court is grown to that boldness, as to examine Judgements given in the Kings Courts( though anciently the Kings Bench did reverse errors of the Chancery) whereby suits are revived, and have more then one life, and become almost immortal: What suit of buff lasteth half so long? Nay, the suits which the children of Israel wore in their forty years peregrination thorough the wilderness, were of no durableness in comparison. This Examination of businesses after judgement at the Common-Law was countenanced by K. James in the year 1614. who affecting to weaken the power of the laws, and to have all laws in scrinio pectoris, within his own and his Lord-Keepers breast( whom he can displace at pleasure) knew that the frequent use of equity in Chancery was a more hidden and powerful way to undermine our laws, and bring all our Rights and Properties under an arbitrary power, then his boisterous Prerogative royal; freer from envy, and fitter to extinguish common concord, and to divide Families by multiplicity of Suits, which all immoderate Princes desire, their rule being, Divide & impera. And this is * Hist. H. 7. Bacons meaning, where he saith, Such were our Judgments for shipmoney. 1. Fore-judged at Court. 2. Seemingly argued in the Checquio Chamber. 3. Adjudged there according to the said fore-judgement. H. 7. would govern his People by his laws, yet would govern his laws by his Lawyers. That is, They should first consult with him or his Favourites what interpretation to put upon the laws. As the Mufti at Constantinople privately doth the Grand signior before he gives out his definitive Sentences and Oracles to the People, whereby they may be more serviceable to the State; both the Law and the gospel under subtle Princes, being Organa politica, Instruments of Government, politic Scarr●-Crowes. The premises considered, I wonder not that * De Regno britain. He was ambassador here for the King of spain. Phil. Honorius saith, cum à Gulielmo Conquestore( quod perinde est ac Tyrannus) institutae sit Leges Angliae, admirandum non est quòd solam Principis utilitatem respiciant, Subditorum vero bonum desertum esse videatur: plenaeque sunt tricarum, ambiguitatum, sibíque contraria: fuerunt siquidem excogitatae atque sancitae à Normannis, quibus nulla Gens magis litigiosa atque in controversiis machinandis ac proferendis fallacior reperiri potest. Since the Laws of England were instituted by William the conqueror( which is as much as to say, the Tyrant) it is not to be wondered at that they respect only the profit of the King, and have no regard to the good of the Subject; and are full of pleadings, ambiguities, and contrarieties in themselves: for, they were invented and established by the Normans, then whom no Nation is more litigious, nor more deceitful to invent and wyre-draw Suits and controversies. But( I believe) he looked more upon the practise, then the sense and nature of our laws. There happeneth rarely in the Civill Law a doubtful case, called, Casus pro amico, A case to pleasure a friend withall; when( upon arguing the case) the arguments upon both sides are of such equal weight, that neither by any thing spoken in pleading, nor by any arguments, or reasons from his own knowledge, the Judge can possibly discern to which side the balance of Justice inclines: in this ambiguity the Judge( without wronging his conscience, not being able to judge upon the merits of the Cause) may judge according to the merits of the Person, he may give it to the poorer by way of charity: or to the worthier by way of reward; But our Judges and Lawyers endeavour to make all causes such, Casus pro Amico. If it be in Chancery, though never so plain, after a Reference or two, and a Generation or Pedigree of Orders, the controversy will become so intricate, that the merits of the cause being lost, all the labour lies in the managing of Reports and Orders: and sometimes( even in cases of the like nature) equity bears the sway, sometimes the Common-Law: according as the party, plaintiff and Defendant play their game: for that is the onely personal merit here respected. I have insisted the more upon the abuse of equity as being the foulest ulcer in all our legal grievances, and but an upstart of no Antiquity. For our Law, it cannot be overthrown but by itself, nor without the injurious wit of a Lawyer, to misconstrue and betray it. These sons of the Law have turned justice into wormwood: the honourable profession of the Law in artem litigandi, into the trade of brabbling and pettifogging. It were a work of infinite labour to trace half their misdeameanours. They are Turba gravis paci, placidaeque inimica quieti, Quae semper miseras sollicitabit opes. Foes to sweet peace, and unto pleasing rest, Which miserable wealth do still molest. They are Crumeni-mulga natio, loquuteleia turba; A purse-milking generation, and a prating Rabble. I speak not these things against the Profession, nor against all the Professors, amongst whom I know are many worthy of respect for their abilities and integrities, I speak onely against the common Traders of the Law, vulgus Iurisperitorum: Of these I may say, that the house of a crafty Lawyer or attorney keeps the country in awe, and draws in contribution as far as an ordinary Garrison. And( custom being grown into a second nature) it is as natural for a poor countryman to fear one of these as for a lark to fear a Hobby. Having thus prepared your mind, to receive good council, I will now give it you without Fee or Bribe. Take heed how you fill up Elections with these kind of men: the Recorder of every Borough will of course look to be chosen, as being the mouth of his Corporation. But it is a custom not fit for the necessity of these times, our affairs require rather States-men then Lawyers: My reason against such Elections follow. 1. The knowledge of the Common-Law, doth no way conduce to the making of a States-man: It is a confined and topical kind of Learning, calculated onely for the Meridian of Westminster-Hall, and reacheth no further then Dover. Transplant a Common Lawyer to Calice, and his head is no more useful there than a Sun-Dyall in a grave: who ever heard of the politics written in Law-French? 2. If the making and penning of good laws were the work of these times( as they are not) it were not wisdom to choose mercenary Lawyers to make laws: because they are the first men to invent subtleties to evade them, and make them useless; and will pen them obscurely on purpose, to make themselves work in the interpretation. 3. Lawyers, being a bold and talkative kind of men, will intrude themselves into the chairs in all Committees, where( being accustomend to take Fees) they will under-hand protect Delinquents, and their concealed Estates with tricks and devices. 4. The Reformation of Courts of Justice is a work of absolute necessity, without it( though the sword of the Lord return again into its scabbard, so that you have no war) you shall have no peace. But if you have many Lawyers, they will never suffer any effectual Law to pass, for this purpose: Because they get more by the corruption and delays of the Law, than by the Law itself. 5. It it necessary to make a Law for limitation of exorbitant Fees, extortion and prevarication amongst Lawyers, as is used in other Countries. 6. It is necessary to limit the certain number of practisers in each Court, that they swarm not( like Locusts) over the Land, devouring and impove ishing it. These blessings you will never attain unto, unless God give you the wisdom to avoid such Elections. Lay the sin, as well as the shane and smart of legal oppressions to your hearts, and you will find that the cries of the oppressed have been a principal motive to draw down Gods vengeance upon this mournful Land. Was ever so desperate a wound given to your laws, Liberties, and Properties, as the predetermined judgement of shipmoney? Who gave that blow? judges. What were they? thieves, Cum Prewilegio Regiae Majestatis; who bought Justice by whole sale, and sold it by retail: who assisted them? Lawyers, who undertaking to pled for their Clients against it, prevaricated( for the most part) and betrayed the cause; to get favour and preferment. And yet such proceedings were against both the Judges, and the Coronation Oath: And the Judges as well as the King have the Coronation Oath in keeping; Tresilian and his fellow Judges were condemned and executed in Richard the seconds time, for making the King break his Coronation Oath, upon an extrajudicial opinion collusorily given: for( saith the Record) Sacramentum Domini Regis erga populum suum habent ad custodiendum. But our Judges( though more wicked) have the happiness to live in a more wicked age ( cujus pars magna sunt) and out-live their Crimes, paying only a small part by way of Fine, enjoying the rest of their stolen Treasure: Occulta spolia & pluros de place triumphos. After they had made Peace as devouring as war, and the Law as cruel as the sword, who( that is not a better Christian than these Brothers of the coif, Brothers in evil) will not cry out with Epicurus, Deos prorsus contemnere res humanas. That God takes no more care what men do on this Earthly Ball, that man doth what Ants do in an Emmet-hill. When * Cicero in Verrem. Verres( being Pro-Consull of Sicily) had peeled that Province( and other Pro-Consulls, and Pro-Pretors, were punished for lesser extortions) he laughing at their foolish moderation, vaunted to his Broker Timarchides, that he had gotten enough to buy the friend-ship of the Senate, and come off a rich and honourable man: So our Judges enjoy their crimes, and the price and reward of them. Nay, Fruuntur diis iratis, cum tu victrix provincia ploras, grow fat and prosper upon the anger of God, and man, whilst this Land groans under the sad weight of sword, pestilence, and famine, the effects of their injustice. But through whose favour is it, they have not expiated their crimes with their blood, and washed away the guilt of the Land, but the Lawyers? who wisely consider, it may be their own case another day. I have shewed you how unsafe it is to trust mercenary men with making or keeping of your laws, I will epitomize what I have said in * Panigyr. ad Trajanum. Plinies words, Olim Criminibus, jam legibus laboratur, & metuendum est nè legibus fundata res publica, sit legibus eversa. Heretofore we were laden with our crimes, now we are oppressed with our laws: And it is to be feared least the Common-wealth( though founded by the laws) be confounded by the laws,( or rather by the Lawyers.) I have given you good counsel, God make it wholesome to you, and safe to me: which( if the times be not too wicked to hear truth, I shall not doubt; In the mean time the feeling experience I have in the public calamities, hath raised my resolution rather to scorn then fear any injury. Justum & tenacem propositi virum, non civium ard●r prava jubentium, non vultus instantis Tyranni mente quatit solida. Fractus illabatur orbis impavidum ferient ruinae. A just and constant man will not be shaken in his resolution, neither by the threats of tyrants, nor by the clamours of the many-headed multitude: though the world fall upon him, he will fall accompanied with justice, honesty, religion,( mistake me not, I do not mean hypocrisy.) leave est quod far possum, breve est quod far non possum. Mors ultima linear●rum est. So I conclude my advice, and God conclude our miseries. Printed in the Year, 1646.