THE COURTS OF JUSTICE Corrected and amended.  
OR The Corrupt Lawyer untrust, Lashed and quashed.  
Wherein The Partial judge, Counsellor, Great Mover, whispering Informer, Favourite at the Bar are fully displayed, convicted, and directed.  
By W. L. Esquire.  COKE lib. 6. 47. 
Multa conceduntur per obliquum, quae non conceduntur de directo.  
Presented to the Honourable House of Commons, and by Them approved of.  
London, printed for George Lindsey. 1642.   

THE PUBLISHER TO THE PERUSER.  
THe difference of men's dispositions and degrees, (as we may daily note) produceth different Effects, as welin reproving vices, & in approving Virtues, as on the contrary: Every one expressing himself by Lips or Letters, according to the suggestions of that good or evil spirit, whereby he is induced or seduced.  
This man being of a temperate and sober quality envies against Riotousness and Intemperance. That man addicted to labour and thriftiness, accuseth our fashion-following Gentry of Sloth and Prodigality: So (in particular) the Author of this Treatise, spending his days in the study and practice of the Law (wherein he grew to such proficiency always directed by integrity, as made him famous both for learning and honesty, whose name nevertheless for some causes I conceal) many years since, as one pathetically moved with the corrupt courses used, and the excessive Bribery affected in those days by his Brethren learned in the Laws, especially the more eminent sort, and the continual condescending or proclivity of the Judges, not only to their unjust motions, but to the private and undue solicitations of their own Menials, besides their Friends and Favourites at large; and their partial proffering or hearing of some Heads before others at the Bar of Justice, whereby many a Client in his just cause hath suffered wreck & perished contrary to Law, all equity & good Conscience. That black Swan or honest Lawyer, spared sometime from his others studies to pen these Animadversions; which albeit the same cannot extend, nor may any way enure unto the least impeachment or contumely of our honourable Judges in these times (who I ingenuously acknowledge, and fame declares to be of a most reformed and unimpeachable condition) yet may it serve as a Caveat and humble Information to the uprightness of them and their Successors, for the preventing and avoiding of the like abuses to be offered by their friends of followers, or by any such ill-conscienced Advocates (whereof there are too too many (I fear) still abiding or new started up) and also as a Memento, for all men to note the plausible and happy alteration in Courts and courses of Justice, the ancient with the modern proceed duly compared. And likewise all those Trespassers viewing (as in a glass) their own deformities (or rather enormities) herein so lively represented and publicly declared may happily be incited, either for fear of shame, or for the gain of an honest name to become conscionable Convertites And for my part, with and in favour of every well-meaning and abused Client, I wish all such Lawyers to be speedily converted or subverted; and so conclude.  

Editor Benevolus ad Causidicum iniquum.  
Nec ●…e vulgantem reprehendas, has neque charta,  
Ne tua te vulget lingua malignareum.   

Ad librum.  
Te nolunt culpare boni bonitatis amore:  
Te nolunt culpare mali formidine probri.    

Animadversions upon Courts of justice.  
ALl Laws both divine & humane, & all the Counsels of learned & virtuous politicians, do concur & join in this point, that it is the office of an upright Judge, Investigare verum, to trace out the very truth of the cause in Judgement before him, 〈◊〉 secundum veritatem sententiam dicere, and give sentence according to the truth. So in doing that office he ought not to respect the person of any, but altogether to set up for his mark the Cause with the circumstances thereof, being assured, that Qui●quide●tra causam est, persona est. And therefore the Emblem of a Judge was rightly portrayed with wide ears, but without eyes at all; to denote that he ought fully and patiently to hear the whole Cause, but not affectionately to respect any party that hath to meddle therein. Altera●uris Accusateris, altern R●● est res●●vanda.  

The purpose of a whisperious Informer.  
ON the other side the very drift of a whispering Informer, is either to allure the Judge from that Indifferency, which he ought equally to nourish between both parties in suit, to a partial disposition in favour of the one aganinst the other of them; or otherwise to shore up the Judge, (as it were) when he suspecteth his inclination to the adversary. In both, which he bewrayeth an unreverend conceit and opinion of the Judge, whom in the Court of his own heart he hath already condemned of Infidelity; in the one, because he suspecteth him to be drawn away to his disfavour; in the other, because he hopeth to win and fit him to his own bent and desire. And Mur●● aheneus a wall of brass, whom neither the wind of secret solicitation, nor the storm of mighty threats, nor the shower of Crocodillian tears ought once to remove, shake or mollify. For if this Informer were rightly persuaded of the integrity of the Judge; what necessity can he pretend to solicit? what reason can he yield why he should not permit them to sit down and rest in his own sincerity? Yea, why should he endeavour to move him, (for so they term it) unless he thought him to be light and movable, or finally to what end doth he causelessly waste his own labour, and vainly obtund the cares and interpell the Affairs of him?  
How speciously soever therefore these our Cabinet Enchanters shall pretend in words, either that they desire none other than Lawful favour (a thing that is not indeed, since Law is indifferent, and favour partial) or that they seek only the good and equal conscience of the judge, (which they might find without labour) or that they sue for expedition only, or that the Cause may be advisedly weighed, both which (in most of these cases) were but to plague their own Client. Or that (according to the anciently allowed manner of entreating a Judge) they require no more at his hands, but quot salva fide facere possit, that which he may do with the safety of his duty; yet is there evermore an irreconcilable dissension between Justice and their desire, who (what semblance soever they make to the contrary) do indeed hawk and hunt the game o● favour, to the endangering of their own conscience, and the wrong of the one of the parties; and that both with the dishonour and deceit of the man that (sitting in the place of God) ought to deliver even and upright Justice to all that come before him: And so are all their sacred speeches but Syrenean voices, the poison of Asps, and the very quintessence of abuse and corruption.   

The sorts of Informers.  
BUt now more particularly. As these Chambers be either the very parties in suit, or their friends; and those friends either favourites at large to the Judge, are some of his own Menials or followers, or else be privy and of Council with those parties? So is there great difference in the venomous forces of their several solicitations.  

The Party.  
FOr as touching the very parties, they do carry their own discredit in their mouths with them, and cannot greatly prevail (unless they bring the … gion of reward) because they speak for themselves in a matter of professed and known enmity. And yet the Roman Laws, misliking all such audacious importunities, did punish 〈…〉, both Actorem & reum, that by any subtle prayers attempted the Judge in his house or elsewhere without the Court. See D. F. H. ad leg. jul. de Ambitu   

The Friend at large.  
MOreover their favourites at large, that be neither of Counsel not household, as they have not (for the meaner sort of them) the opportunity or advantage to work any great harm, so do they also many times speak but coldly, and as it were for fashion sake, to satisfy the suit of their Clients, who otherwise would think themselves forsaken by them.   

Great Movers.  
BUt if those Favourites be persons of estate (whose desires carry their weight) officers of great places (who be able to interchange pleasures) or men for any respect, lodged in the bosom of the Judge, than ought they so much the more to forbear him, as they be more likely than others to allure and win him to their desire, because they bring no warrant of a good conscience to assure them that they speak but for the one party, so know they but the one half of the business at the most, and wots not whether they promote Justice or place Injury, whether they secure the afflicted or join with the oppressor: Neither is it enough in this case to pretend that they are moved by their commiseration towards the poor (as know that many keep for their defence) for what is that to the Judge, who is a Judge, is utterly forbidden to behold the face of the poor? Or what maketh that to their own deliverance, when many (if not most) of the poor which follow suits, can both by't and whine, (ut vulgo dicitur) and then a many of which there is nothing more unquiet, clamorous and wretchedly wrongful.  
But of all the rest, the Menial and Counsellors are most pernicious, and yet whether of them is more pestilent; I cannot determine, but due leave to the judgement of the Judge himself that is haunted with them.   

The Menial.  
THe Menial or Familiar, if he may find the grace be in the eye▪ and to stand at the elbow of his Master, (especially in the closet) then shall he not want his Suitors, and then also will he take the courage to board his Master, not only in lawful Petitions, but also in Causes merely Judicial, and by reason that he is near at hand to take hold of every advantage, and may best watch both the time, the place, and good cheer of his Lord, and the absence of the Adversary and of his friends, he will make his gain thereby both in jest and earnest, though now and then he do but Fumum vendere, sell smoke, and pay Alchemy for good and currant money: for of these, some will soon raise or abuse the name of their Masters, (as it were by way of a message to others, where it may prevail) then take the pains to speak unto himself, lest they discover a suspicion that they were hired for money. By these & such other means the innocent Judge, like to Actaan, becometh praeda canibus, devoured of his own dogs, who care not what dishonourable ●●ame they cast upon him (whom they are most bounden to honour) so as they may reap the harvest of their most greedy and ravenous 〈◊〉: For as these men commonly cannot judge of the State of a cause in controversy, so neither do they greatly care whether that party which they favour, be right or wrong; but do only fasten their eye upon the money, which may be coined out of it, accounting that booty as a reward of their good service, where with they run away as glad as doth the dog with a bone. And in this part, some of them be so miraculous Machiavellious, that they are able to express two sundry liquors out of one same vessel, making their own profit, by both the parties, to one same suit and controversy.   

The Counsellor.  
THe Councillor like wise having first insinuated himself and become inward with the Judge by the benefit of kindred, 〈◊〉 recommendations of great persons, former education and acquaintance, or by his own obsequy he will forthwith set up his cr●st, he shall be followed with a cloud of Clients and waged treble more than men of better merit: yea, he shall be heard at the Bar, when they shall be wearied in warting there, happy is he can get him retained on his Council, and Fertunae filius omnes, every man will call him fortunes own darling, and if he be of that ability, that he can bring the Judge to be his feeman (or pensioner) under colour of a yearly new-years gift, or may finde the means to possess the Judge with the loan of some hundreds of pounds, without taking any interest therefore, then shall he coat all other pra … ers', then may no door be kept against him, then shall he be a Guest at the Judge's table, and shall be admitted private both in the Closet and also in the Bedchamber. And yet in the mean time, is that money (so lent) laid out to the most extreme usury? For all things reckoned, it shall by his increase of Clients, yield him a● the years end Centum pro Cent. or a better penny.  
Now albeit, this man may not compare with the Menial before, in taking the start and watching of all bon heurs and opportunities, yet through his learning and other parts (which the other wanteth) he may nip a Cause in the head, or sting it to the heart as soon as he. It hath been seen that some of these Bell-wether, perceiving their Client's business unable to endure the hammer of open hearing, have advised him to bestow some score of pounds or slight of Angels upon the Judge, to work it to some better end, and offered themselves to present my Lord therewithal; and yet peradventure have suffered it by the way to drop into their own pockets for a reasonable Supply of fees forgotten.  
Thus, as you see, is the Integrity of this gentle Judge drawn first into suspicion, and after that, into open obloguys, the one and the other growing by his own facility, and by giving care to those buzzing flies and hissing adders; his good quiet and repose is also interrupted by often obtunding that in his privy Closet, which he might dispatch with once hearing in open Court; the Cause of the honest Suitor must either take wrong, or else must be also (against his will & good Conscience, besides his greater charge) find out some Oliver to withstand this Rowland of his adversary. These Cormorants are crammed even to the fullfilling of their greedy gulf, the scale of Justice suffereth reproach. The Judge himself is laid open to the danger of any stirring enemy, that will sift or fan him. The Prince of the people being the wellhead of Justice, is abused in his vicary: good men sobbing for grief, and naughty packs laughing in their sleeves at it, who also do evermore requite such their misbegotting favour with this thankfulness, that their tongues do continually itch until they have blabbed abroad all the manner and means of achieving their injurious desires and corrupt Conquests.    

The Remedy.  
THe Remedy of all which evils is so easy, that the same is not only at hand, but in the very hand and power of the Judge himself: For if he be willing to maintain the authority and countenance of his call, he may Alto vult●, with a lofty look take it unkindly at the hands of his Better, equal or inferior friends; blaming them with the touch of his Credit, for their so unadvised tampering with him in matter of his judicial and sworn duty: He may also with one word of his mouth command his own curs to couch, and to cease their barking: He may likewise send the Suitor to the Court, and his Counsellor to the Bar, and consequently rid himself and house of all this unquiet kennel, and thereby redeem many a good hour, which he may bestow partly for his needful recreation, and partly in the study and meditation of such matters as be serviceable for the place that he holdeth:  
Objection. But now, if this Justicer will justify himself and say, that howsoever the way seem to lend his outward care to those importunities, (the which it is hard in these last and worst days for any man to avoid that meaneth not to be at difference or war with all the world) yet notwithstanding his heart is upright, and that he doth and will do according to the exigency of his oath and office.  
Answer. Let him also give me leave to say with the merry Poet, Credat judaeus Ap●ll●, non ego, for as it is hardly credible, that a●y castle which is continually battered, should not be taking at length, or that any woman which admitteth all whores, should not apply to some one: So can this man never excuse himself to the world-ward, but that by such affability and ready care he ministereth just suspicion of swerving from the Level of true Justice, and that he giveth passage that he playeth 〈…〉 being no small cause that himself is so vexed and mispendeth his time.  
If he will reply and say, that to ●ast of this Cause before the hearing availeth no less to his instruction, then to the speed of the service? I will acknowledge it; so as the same be done indifferently; but how that may be performed without the presence of both the parties, or of their Counsel, feign would I learn; For to place the one side alone were (in a matter judicial) to be possessed with prejudicial conceit, and to hear them suddenly, were besides the loss of time, but to be willingly abused, since either side may (at liberty) offer what he will if the other be not present to confront him. Nay, the world that is now a days curious and sharp-sighted, doth well enough perceive, that evermore after such crafty suggestions so apprehended, the 〈◊〉 keepeth not the alley, but ●●yeth out by one ●ranke or other: So as though the Cause in question taketh not a direct or downright blow by judgement in Court, yet shall it (by some obliquity) crawl away with the back thereof broken, whether it be by reasoning it to a private hearing, by drawing it to a long and tedious prosecution, by committing it to a partial report, by referring it to some unequal arbitrement, or by one or other indirect thwart, that shall carry no l●sse injustice with it, then if the judge himself were utterly corrupted and perverted.   

Admonition to all sorts  
TO conclude therefore, let every good and true Friend, 〈…〉 of the Judge (if at the least they be desirous to maintain the fame of his integrity) hold it someere sacrilege and profanation of justice, once to attempt him in the part of his jurisdiction, which ought to be unto him a most chaste and undefiled virgin. Let them also look to themselves, and not only weigh (as I said) with what good warrant of conscience they thus interpose themselves in a matter to them hardly half known; but also (remembering that it is forbidden maintenance by the Law of their Country, to embrace a ●urie, to solicit a jurour, to fee a Counsellor, or to give countenance at the Bar in another man's suit) let them (I say) consider of what nature it is, and what it deserveth to labour, ply, and wrest the judge: Counselors also must keep their proper station; and contain themselves within the duties of their calling, for they know, that howsoever they represent the very parties, and aught to assist them; yet that must be usque ad arras, and they may not be feed against a known truth; for the beating out whereof (that it may be ripened for judgement) they be used as necessary and most lawful instruments. So far  it is, that they should abuse their learning, wisdom, eloquence, and other gifts, to the perverting of truth, and subverting of right, by seduction or corrupting of the judge, that holdeth the beam of the Causes in Balance. As for the judge himself, let him not fear to launch his boat into the deep, where is Sea-room sufficient, and let him rest upon God (whose image he is) and stir up those Divines Talents which he hath received, utterly forbearing to sail near the Shallow and 〈◊〉 of this most dangerous Solicitation: So may his Prince joy in the choice of him, so may he march on cheerfully, maugre whatsoever enemy; so may good men trust unto him in their calamity, as to an holy Anchor: So shall not the wicked dare to approach his Court or presence: justice shall conserve her due honour, and upright judgement shall stand fast and unmoveable.   

An Appendix with Objections against Favourites at the Bar of justice.  
The just respects, for which one Practiser at the Bar may be heard before another, to my understanding, are these two:  
One in regard of the Client, and another in respect of the Cause.  
A motion in the behalf of a poor person, of a weak widow, of a fatherless child, or of a public Servitor in a Commonwealth, is in hearing to be preferred before the causes of such as be rich, well assisted, of discretion, or private persons.  
The Cause itself also may deserve preferment, either in consideration of the priority of time that it hath in Court, or for the imminent danger in which it may stand, if it be not speedily heard.  
But that any Counsellor should be heard before other, in regard of his person alone, without beholding the Cause or Client, hardly may any sound reason be assigned: And of that undue favour, these evils amongst others do ensue:  
First, by that ready lending of the ear to some only, or to them chief, those only suits are expedited, which these few selected persons do undertake; and in the mean space, all other causes are suspended, albeit they have priority of time, or other good reason of preferment: the which unnecessary (or rather voluntary) delay is mere injustice, since justice consisteth not only in the delivery of right, but also in affording the same with all agreeable and due expedition.  
Secondly, by making such choice of a few Favourites, other good Practitioners in the Law are discouraged, to the great loss and grief, as well of them in their own particular, and of many toward Students, that are thereby taught to seek favour more than to rest upon sound knowledge, as also of as many Clients as do repose themselves and their suits upon the fidelity and good learning of those, which seek not the influence of the like favourable aspect.  
Thirdly, the culling, and cherishing of Favourites, draweth the Favourer into suspicion of corrupt partialitle, especially if the Favoured be not of better gifts and ornaments by Art and Nature than other men, as many of them are not found to be.  
Fourthly, godly and virtuous Practitioners will not use unlawful means for the gaining of this favour, the which (without sinister practice) is not always vouchsafed; and then belike the worst sort of men do endeavour that way, and then also are Causes for the most part put into the hands and mouths of such as be unworthy to touch them. For it is no small furtherance to justice, when Causes be managed by men of modesty.  
Fifthly, when these few do find, that they shall be heard, and others holden off, they advance a Monopoly of practice in Law, enhancing the market of Fees, by delay of their Clients, until they will apply to serve their greediness: So as the Noble or Ryall (which within memory was an usual reward for a Counsellor) is now risen to 4 l. 5 l. 20 Nobles, or 10 pounds with some: whereby also Suits are drawn out in length, and do rebound to the blame of the Judge, that is Causer and Continuer of these evils.  
Sixthly, what unbridled boldness (or rather audacious petulancy) accompanieth this unworthily-bestowed favour, is daily seen by the demeanours of these special men at the Bar, where they forget not only common civility to their Equals and Betters, but also that regard to the Judge and Court, which sober men are wont and bounden to answer: Many of them also not forbearing to betray their own Clients, when (after acquaintance with the inwards of their Causes, and much money ●ilked from them) they shame not (for a little better pay) to become Swartrutters, and to go into the Tents of the Enemy; of which fault these latter years have yielded too too many (and the same most shameful) examples.  
Seventhly, as virtues, so vices be chained together; so as by the motion of one link, the rest are stirred: And therefore this unequal Selection draweth this further Invenience with it, that the Favourite (emboldened by this pre-eminence) moveth further, and taketh courage to solicit the Judge at his house or chamber, whereto if God suffer him to incline, then receiveth he just correction for the first favour so unwisely disposed by him.  
Eighthly, this gracing of a few (especially at the Bars of English Courts) bringeth forward such as have animam in lingua, making them presume upon their vain loquacity, and to make no account of substantial learning. And here again, Causes do lose the time, which these men do consume in idle and vagrant discourses, digressing from the true points of the controversy. Besides which, the Judge himself is in peril to be inveigled, and hawne out of the way.  
Ninthly and lastly, I may add that these men (blessed with such favour in the eyes of the judge) do at their departure, and 〈◊〉 into their countries, carry the badge thereof in their faces, bea●ing countenance, and seeking credit above others; where also they will do no less (if not more harm) than they are before charged to have committed here.   

Now for the removing of this Malady, you may use the rece●t following.  
TAke an headful of Discretion, and choose out a convenient handful of the freshest Flowers that do grow in the Garden of the Law, within quarters of the Houses of Court: Admit these only for practice at Westminster, being first well tried and fanned from such dust and dross, as may either yet remain a study, or be meeter to keep their chambers, for directing of Causes in Suits, arguing of Cases in Demurrers, or naming of Books of all sorts, or to serve for Recorders in Cities or Townwikes incorporate, or to supply to Stewardship of Leets, or other rural Courts: Then draw those first forth again, thorough a fine strainer, and (according to their sundry gifts and growths) sort them, and apply them to each Bar, and affected place at Westminster; the heavy, for the King's Bench and Exchequer; and the lighter for the English Courts; Change and supply them, as oft as need shall be hearing them (always in the mean time) with good indifferency, and so as neither 〈◊〉 swell, no others do shrink or faint, And by God's grace you shall soon perceive the grief to departed.  
Proba●um est.   
FINIS.