The Arraignment of Covetousness and Ambition, Chapter 13
CHAP. 13.
IN the former part I have shewn, how the Common-wealth hath been robbed, defrauded, and abused by Monopolists, Ingrossers, Lawyers, and all kindes of corrupt Officers: and how the Supream Magistrate, hath been the sole cause of all. Whereby they have gulled and cheated the People without controule, or once being ashamed of it. I have likewise declared, what every of them in their several places ought to do or suffer, and be served for their baseness. Which was as much, as I could at first afford in forma pauperis. And now finding that it hath bin as acceptable to the honest and innocent, as distastful to the galled and guilty: (nor did I ever expect by carrying my saddle to shame my horse) I am willing at the same rate, to add the like scantling about corrupt Iudges: and to hint a way, how this Nation may become more happy and flourishing then ever. The former Part conteined twelve Chapters, the thirteenth begins and goes on thus.
Nor would Delinquent Iudges, and Officers be dispens'd withall: but severely punished according to their several demerits. His Highness should do well to serve them, as Combyses served Sisamnes a corrupt Iudge: who caused his skin to be flayed off, (though his very friend) and nailed over the Iudgement-Seat; for example to those that should succeed in his place. And this would make others afraid, and that fear would keep them honest. Which neither the Oath they take, nor their consciences will do. For every Iudge as he hath a conscience, so he is sworn to judg uprightly, to take no bribe, &c. O that this conscience might ever give the Iudgement! But wo is me, how often are the Laws altered, misconstrued, interpreted pro and con; made as a Nose of wax; A Cause good to day, bad to morrow; yet still the same case; His opinion firm, yet sentence prolonged, changed, reversed, as the Iudge is made by friends, bribed, or otherwise stands affected. As O the wicked hearts, and wide consciences of some Iudges; as well as of Atturneys, and Lawyers: Who like Burs hang together, and like Andirons, hold up their Clients, till they burn each other to Ashes. They receive warmth by these, these by them their destruction. They are Bawds that live by other mens loss: And become rich by making others poor; whose felicity is in bringing others to misery, and making merchandize of the poor. These be Gowned Vultures, Harpies, Devils in the shape of men. These are far from being Peace-makers; to whom the Kingdom of Heaven is promised. And should they not be all served alike? and in the same manner before specified?
Nor can his Highness, as I conceive (I mean when other affairs will give leave, if he seeks the publick good, and not his own private gain: If he intends not by receiving gifts, to sell his own liberty (which I do not in the least fear:) for those Governours that are plain-hearted themselves, are the bitterest enemies to deceit in others,) do less then compel them to restore, what they have unjustly gotten. Like Constantine the Great, who caused Proclamation to be made; that if there were any, of what place, estate, or dignity whatsoever, Iudges, Earls, Friends, or Palatines; that had not dealt uprightly and justly, every man should be freely admitted to appeal to him; and upon proof they should make satisfaction, and further suffer as the case deserved. Yea, and I hope, having done this, he will discard them all; after the example of Alexander Severus, who in the beginning of his Reign, discharged all them that were known to be vicious persons from their Offices, and forced them to make restitution of all that they had taken bribes of, or defrauded; and from thence-forth to live of their own proper labour. Nor would he ever keep in his Court, any ill disposed person; or suffer any though never so neer to him in blood, once found faulty, to escape unpunished; as Lampridius delivers it. And this is of great concernment, for, take away the wicked from the King, (or those that govern in chief) and his Throne shall be established in righteousness, Prov. 25.5. whereas let them remain, they will but prove like the Canaanites (not cast out by the Israelites, as God commanded) who became by his just judgement, for their neglect a snare, and destruction unto them; a whip on their sides, and a thorn in their eyes, Judg. 2.3. Joshua 23.13.
And full well they deserve it, for they ought to be indicted, not onelyonly for Bribery, but for Perjury also. As most basely perjured they are; for among other things in their Oath, when they are made Iudges, one is, that they shall take no bribes, or gifts. Which Oath, if they had the like care to keep, would cause them to imitate Sir Thomas Moore; who, when two great silver Flaggons were sent him by a Knight, that had a Suit depending in his Court (though gilded with the specious pretence of gratuity) sent them back again, filled with his best Wine: saying, If your Master liketh it, let him send for more. And when his Lady at another time, offered him a great bribe, in behalf of a Suppliant, he turned away with these words; Gentle Eve, I will none of your Apple. It will be long enough, e're you hear the like of these Cormorants I am speaking of; whom I may liken to that Lord Chief Baron, who when one offered him fourscore Pieces, protesting, That no living soul should know it, answered; Make it up an hundred, and then let all the Town know of it.
Yea, this would also keep them from such vast estates as usually they leave behinde them: We read of Sir Thomas Moore, that having been of the Kings Counsel, and gone through many Offices, besides his Lord Chancellorship for almost twenty yeers together: after his debts were paid, he had not (his Chain excepted) left, the worth of an hundred pounds in moveables; and his Land before his Mother-in-law died (who survived him many yeers) did not amount to above fifty pounds per annum. Nor was he ever a prodigal spender.