The courts of justice corrected and amended. Or the corrupt lawyer untrust, lasht and quasht. Wherein the partiall judge, counsellour, great mover, whispering informer, favourite at the bar are fully displayed, convicted, and directed. By W.L. Esquire. Presented to the honourable House of Commons, and by them approved of.

Animadverſions upon Courts of Iuſtice.

ALl Lawes both divine & humane, & all the Counſells of learned & vertuous polititians, do concur & joyn 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 marke the Cauſe with the circumſtances thereof, being aſſured, that Qui • quide • tra cauſam eſt, perſona eſt. And therefore the Embleme of a Judge was rightly pourtrayed with wide ears, but without eyes at all; to denote that he ought fully and patiently to heare 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 Indifferencie, which he ought equally to nouriſh between both parties in ſuit, to a partiall 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 adverſarie. In both, which he bewrayeth an unreverend conceit and opinion of the Judge, whom in the Court of his owne heart he hath already condemned of Infidelitie; in the one, becauſe he ſuſpecteth him to be drawne away to his disfavour; in the other, becauſe he hopeth to winn and fit him to his owne bent and deſire. And Mur •• aheneus a wall of braſſe, whom neither the wind of ſecret ſollicitation, nor the ſtorme of mighty threats, nor the ſhowre of Crocodillian teares ought once to remove, ſhake or mollifie. For if this Informer were rightly perſwaded of the integritie of the Judge; what neceſſity can he pretend to ſollicite? what reaſon can he yeeld why he ſhould not permit them to ſit downe and reſt in his owne ſinceritie? Yea, why ſhould he endevour to move him, (for ſo they terme it) unleſſe he thought him to be light and movable, or finally to what end doth he cauſeleſly waſte his own labour, and vainely obtund the cares and interpell the Affaires of him?

How ſpeciouſly ſoever therefore theſe our Cabinet Inchanters 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 partiall) or that they ſeeke onely the good and equall conſcience of the Iudge, (which they might find without labour) or that they ſue for expedition onely, or that the Cauſe may be adviſedly weighed, both which (in moſt of theſe caſes) were but to plague their owne Client. Or that (according to the anciently allowed manner of intreating a Judge) they require no more at his hands, but quot ſalva fide facere poſſit, that which he may doe with the ſafety of his duty; yet is there evermore an irreconcilable diſſention between Juſtice and their deſire, who (what ſemblance ſoever they make to the contrary) doe indeed hawke and hunt the game o • favor, to the endangering of their owne 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 voyces, the poyſon of Aſpes, 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 favorites at large to the Judge, are ſome of his owne Menials or followers, or elſe be privy and of Councell with thoſe parties? So is there great difference in the venomous forces of their ſeverall ſollicitations.

The Partie.

FOr as touching the very parties, they doe carry their owne diſcredit in their mouths with them, and cannot greatly prevaile (unleſſe they bring the … gion of reward) becauſe they ſpeake for themſelves in a matter of profeſſed and knowne enmi • ie. And yet the Romane Lawes, miſliking all ſuch audacious importunities, did puniſh 〈…〉 , both Actorem & reum, that by any ſubtle prayers attempted the Judge in his houſe or elſwhere without the Court. See D. F. H. ad leg. Iul. de Ambitu

The Friend at large.

MOreover their favorites at large, that be neither of Counſell not houſhold, as they have not (for the meaner ſort of them) the opportunitie or advantage to worke any great harme, ſo doe they alſo many times ſpeake but coldly, and as it were for faſhion ſake, to ſatisfie the ſuit of their Clients, who otherwiſe would thinke themſelves forſaken by them.

Great Movers.

BUt if thoſe Favorites be perſons of eſtate (whoſe deſires cary their weight) officers of great places (who be able to interchange pleaſures) or men for any reſpect, lodged in the boſome of the Judge, then ought they ſo much the more to forbeare him, as they be more likely then others to allure and winne him to their deſire, becauſe they bring no warrant of a good conſcience to aſſure them that they ſpeake but for the one partie, ſo know they but the one halfe of the buſineſſe at the moſt, and wot not whether they promote Juſtice or place Injury, whether they ſuccour the afflicted or joyne with the oppreſſor: Neither is it enough in this caſe to pretend that they are moved by their commiſeration towards the poore (as know that many keepe for their defence) for what is that to the Judge, who is a Judge, is utterly forbidden to behold the face of the poore? Or what maketh that to their owne deliverance, when many (if not moſt) of the poore which follow ſuits, can both bite and whine, (ut vulgo dicitur) and then a many of which there is nothing more unquiet, clamorous and wretchedly wrongfull.

But of all the reſt, the Meniall and Counſellors are moſt pernitious, and yet whether of them is more peſtilent; I cannot determine, but due leave to the judgement of the Judge himſelfe that is haunted with them.

The Menial.

THe Menial or Familiar, if he may finde the grace be in the eye▪ and to ſtand at the elbowe of his Maſter, (eſpecially in the cloſet) then ſhall he not want his Suitors, and then alſo will he take the courage to boord his Maſter, not onely in lawfull Pe ••• ions, but alſo in Cauſes meerely Judiciall, and by reaſon that he is neere at hand to take hold of every advantage, and may beſt watch both the time, the place, and good cheare of his Lord, and the abſence of the Adverſarie and of his friends, he will make his gaine thereby both in jeſt and earneſt, though now and then he doe but Fumum vendere, ſell ſmoke, and pay Alchymy for good and currant money: for of theſe, ſome will ſoone raiſe or abuſe the name of their Maſters, (as it were by way of a meſſage to others, where it may prevaile) then take the paines to ſpeake unto himſelfe, leſt they diſcover a ſuſpition that they were hired for mony. By theſe & ſuch other meanes the innocent Judge, like to Actaan, becommeth praeda canibus, devoured of his owne dogges, who care not what diſhonourable •• ame they caſt upon him (whom they are moſt bounden to honour) ſo as they may reape the harveſt of their moſt greedy and ravenous 〈◊〉 : For as theſe men commonly cannot judge of the State of a cauſe in controverſie, ſo neither do they greatly care whether that partie which they favor, be right or wrong; but doe onely faſten their eye upon the money, which may be coyned out of it, accounting that bootie as a reward of their good ſervice, where with they run away as glad as doth the dogge with a bone. And in this part, ſome of them be ſo miraculous Machiavellious, that they are able to expreſſe two ſundry liquors out of one ſame veſſell, making their owne profit, by both the parties, to one ſame ſuit and controverſie.

The Counſellor.

THe Councellor like wiſe having firſt inſinuated himſelfe and become inward with the Judge by the benefit of kindred, 〈◊〉 recommendations of great perſons, former education and acquaintance, or by his owne obſequie he will forthwith ſet up his cr • ſt, he ſhal be followed with a cloud of Clients and waged trebble more than men of better merit: yea, he ſhall be heard at the Barre, when they ſhall be wearyed in warting there, happy is he can get him retaind on his Councell, and Fertunae filius omnes, every man will call him fortunes owne darling, and if he be of that abilitie, that he can bring the Judge to be his fee-man (or penſioner) under colour of a yearly newyears gift, or may ſinde the meanes to poſſeſſe the Judge with the loane of ſome hundreds of pounds, without taking any intreſt therefore, then ſhall he cote all other pra … ers, then may no doore be kept againſt him, then ſhall he be a Gueſt at the Judges table, and ſhall be admitted private both in the Cloſet and alſo in the Bed-Chamber. And yet in the meane time, is that money (ſo lent) laid out to the moſt extreme uſurie? For all things reckoned, it ſhall by his increaſe of Clients, yeeld him a • the years end Centum pro Cent. or a better penny.

Now albeit, this man may not compare with the Meniall 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 ſoone as he. It hath beene ſeene that ſome of theſe Bell-weathers, perceiving their Clients buſineſſe 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 therewithall; and yet peradventure have ſuffered it by the way to drop into their owne pockets for a reaſonable Supply of fees forgotten.

Thus, as you ſee, is the Integritie of this gentle Judge drawne firſt into ſuſpition, and after that, into open obloguies, the one and the other growing by his owne facilitie, 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 hee might diſpatch with once hearing in open Court; the Cauſe of the honeſt Suitor muſt either take wrong, or els muſt be alſo (againſt his wil & good Conſcience, beſides his greater charge) finde out ſome Oliver to withſtand this Rowland of his adverſary. Theſe Cormorants are crammed even to the full-filling of their greedy gulfe, the ſcale of Juſtice ſuffereth reproach. The Judge himſelfe is laid open to the danger of any ſtirring enemie, that will ſift or fanne him. The Prince of the people being the well-head of Juſtice, is abuſed in his vicarie: good men ſobbing for griefe, and naughty packs laughing in their ſleeves at it, who alſo doe evermore requite ſuch their misbegotting favour with this thankfulneſſe, that their tongues doe continually itch untill they have blabbed abroad all the manner and meanes of atchieving their injurious deſires and corrupt Conqueſts.

The Remedie.

THe Remedie of all which evils is ſo eaſie, that the ſame is not onely at hand, but in the very hand and power of the Judge himſelfe: For if he be willing to maintaine the authoritie and countenance of his call, he may Alto vult • , with a lofty looke take it unkindely at the hands of his Better, equall or inferiour friends; blaming them with the touch of his Credit, for their ſo unadviſed tampering with him in matter of his iudiciall and ſworne dutie: Hee may alſo with one word of his mouth command his owne curres to couch, and to ceaſe their barking: Hee may likewiſe ſend the Suitor to the Court, and his Counſellour to the Barre, and conſequently rid himſelfe and houſe of all this unquiet kennell, and thereby redeeme many a good houre, which he may beſtow partly for his needfull recreation, and partly in the ſtudie and meditation of ſuch matters as be ſerviceable for the place that he holdeth:

Objection. But now, if this Juſticer will juſtifie himſelfe and ſay, that howſoever the way ſeeme to lend his outward care to thoſe importunities, (the which it is hard in theſe laſt and worſt dayes for any man to avoyd 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 doe according to the exigencie of his oath and office.

Anſwer. Let him alſo give me leave to ſay with the merry Poet, Credat Iudaeus 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 himſelfe to the world-ward, but that by ſuch affabilitie and ready care he mini ••• eth juſt ſuſpition of ſwerving from the Levell of true Juſtice, and that he giveth paſſage that he playeth 〈…〉 being no ſmall cauſe that himſelfe is ſo vexed and miſpendeth his time.

If he will reply and ſay, that to • aſt of this Cauſe before the hearing avail • th no leſſe to his in • tru • tion, 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 Counſell, faine would I learne; For to place the one ſide alone were (in a matter judiciall) to be poſſeſt with prejudiciall conceit, and to heare them ſuddenly, were beſides the loſſe 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 dayes 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 downe-right blow by judgement in Court, yet ſhall it (by ſome obliquitie) crawle away with the backe 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 partiall report, by referring it to ſome unequall arbitrement, or by one or other indire • t thwart, that ſhall carry no l • ſſe injuſtice with it, then if the judge himſelfe were utterly corrupted and perverted.

Admonition to all ſorts

TO conclude therefore, let everie good and true Friend, 〈…〉 of the Judge (if at the leaſt they be deſirous to maintaine the fame of his integritie) hold it ſomeere ſacriledge and profanation of juſtice, once to attempt him in the part of his juriſdiction, which ought to be unto him a moſt chaſt and undefiled virgin. Let them alſo look to them ſelves, and not only weigh (as I ſaid) with what good warrant of conſcience they thus interpoſe themſelves in a matter to them hardly halfe knowne; but alſo (remembring that it is forbidden maintenance by the Law of their Countrey, to embrace a • urie, to ſollicite a Iurour, to fee a Counſellour, or to give countenance at the Bar in another mans ſuit) let them (I ſay) conſider of what nature it is, and what it deſerveth to labour, ply, and wreſt the Iudge: Counſellours alſo muſt keep their proper ſtation; and containe themſelves within the duties of their calling, for they know, that howſoever they repreſent the verie parties, and ought to aſſiſt them; yet that muſt be uſque ad aras, 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 neceſſarie and moſt lawfull inſtruments. So far oſt it is, that they ſhould abuſe their learning, wiſdome, eloquence, and other gifts, to the perverting of truth, and ſubverting of right, by ſeduction or corrupting of the Iudge, that holdeth the beame of the Cauſes in Balance. As for the Iudge himſelfe, let him not feare to lanch his boat into the deep, where is Sea-roome ſufficient, and let him reſt upon God (whoſe image he is) and ſtir up thoſe Divines Talents which he hath received, utterly forbearing to ſaile neere the Shallow and 〈◊〉 of this moſt dangerous Sollicitation: So may his Prince joy in the choyce of him, ſo may hee march on cheerfully, maugre whatſoever enemie; ſo may good men truſt unto him in their calamitie, as to an holy Anchor: So ſhall not the wicked dare to approach his Court or preſence: Iuſtice ſhall conſerve her due honour, and upright judgement ſhall ſtand faſt and unmoveable.

An Appendix with Objections against Favourites at the Bar of Iuſtice.

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 behalfe of a poore perſon, of a weak widow, of a fatherleſſe child, or of a publike Servitour 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 it ſelfe alſo may deſerve preferment, either in conſideration of the prioritie 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 Counſellour 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 eare to ſome onely, or to them chiefly, thoſe only ſuits are expedited, which theſe few ſelected perſons do undertake; and in the meane ſpace, all other cauſes are ſuſpended, albeit they have prioritie of time, or other good reaſon of preferment: the which unneceſſarie (or rather voluntarie) delay is meere injuſtice, ſince juſtice conſiſteth not only in the deliverie of right, but alſo in affording the ſame with all agreeable and due expedition.

Secondly, by making ſuch choyſe of a few Favourites, other good Practitioners in the Law are diſcouraged, to the great loſſe and griefe, as well of them in their owne 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 doe repoſe themſelves and their ſuits upon the fidelitie 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 ſuſpition 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 vertuous Practitioners will not uſe unlawfull meanes for the gaining of this favour, the which (without ſiniſter practice) is not alwayes vouchſafed; and then belike the worſt ſort of men do endevour 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 modeſtie.

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, untill they will apply to ſerve their greedineſſe: So as the Noble or Ryall (which within memorie was an uſuall reward for a Counſellour) is now riſen to 4 l. 5 l. 20 Nobles, or 10 pounds with ſome: whereby alſo Suits are drawne out in length, and do rebound to the blame of the Judge, that is Cauſer and Continuer of theſe evils.

Sixthly, what unbridled boldneſſe (or rather audacious petulancie) accompanieth this unworthily-beſtowed favour, is daily ſeene by the demeanours of theſe ſpeciall men at the Bar, where they forget not only common civilitie 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 owne 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 Swart-rutters, and to go into the Tents of the Enemy; of which fault theſe latter yeares have yeelded too too many (and the ſame moſt ſhamefull) examples.

Seventhly, as vertues, ſo vices be chained together; ſo as by the motion of one link, the reſt are ſtirred: And therefore this unequall Selection draweth this further Invenience with it, that the Favourite (emboldened by this preheminence) moveth further, and taketh courage to ſollicite the Judge at his houſe or chamber, whereto if God ſuffer him to encline, then receiveth hee 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 vaine loquacitie, and to make no account of ſubſtantiall learning. And here againe, Cauſes do loſe the time, which theſe men doe conſume in idle and vagrant diſcourſes, digreſſing from the true points of the controverſie. Beſides which, the Judge himſelfe is in perill 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 Iudge) do at their departure, and 〈◊〉 into their countries, carrie the badge thereof in their faces, bea • ing countenance, and ſeeking credit above others; where alſo they will do no leſſe (if not more harme) 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 head-full of Diſcretion, and chooſe out a convenient handfull 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 droſſe, as may either yet remaine 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 rurall Courts: Then draw thoſe firſt forth againe, thorow 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 heavie, for the Kings Bench and Exchequer; and the lighter for the Engliſh Courts; Change and ſupply them, as oft as need ſhall be hearing them (alwayes in the meane time) with good indifferencie, and ſo as neither 〈◊〉 ſwell, no others do ſhrink or faint, And by Gods grace you ſhall ſoon perceive the griefe to depart.

Proba • um est.

FINIS.