The Vindication of the Law, Part 2
Additionalls omitted in my abſence, P. 17. L. 31. adde
I heare 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 poore men bring writs of Error meerly to preſerve their Liberties, it is far better for the Kingdome that they ſhould hang in ſuſpence and abeiance till domeſday:As in the Iewes divorces… Difficillimum eſt homines ampliſſima fortuna ditatos legibus …ntinere. Plato. then that any man by Indurance ſhould be diſabled from ſerving God and his Countrey in their lawfull callings and this is not repugnant to Gods command of not pittying the poor in Judgement, becauſe it is after Judgement: & in the nature of an equitable clemency to mitigate the ſeverity of an introductive Lawe made and continued at the beſt for the hardneſſe of mens 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 d…vil leaſt he ſhould hurt them,Ne no…at. that promiſe to be at 3 Bars at the ſame time, ubiquitary Practiſers (as I hope there be none that purpoſely do ſoe) let them think of the day of Judgement, quando Iudicia erunt reverſa poſt Iudicium: Luther.which will be a righteous Declaration without the leaſt Error, and tremble for fear leaſt another day they ſhould run about to the Courts of Radamanthus Eacus 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 mans horſe leapt boldly into the Barke but one that would not by any meanes enter, till at length a paſſenger whiſpered in the horſes eares and in he came with courage: the Ferry-man 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 al caſa del diavolo coſi va tu ſopra queſta barca. As the Soule of a wicked Lawyer that cozens his Clients goeth to the houſe of the devill, ſo leape thou into this Boat.
P. 43. l. 26. Yet I confeſſe there may be ſomtimes good uſe made of Law-ſubtilties and niceties to find out a ſtarting hole for the poore and oppreſſed, as the Phiſicians make good uſe of poyſon, or ſometimes to pay an old oppreſſor in his own coyne; I confes I doe not hold a it Chriſtian proverbe to deceive the deceiver, becauſe we muſt ever in bargaining doe good againſt evill: yet peradventure a man that hath bin cozened without legall remedy may by ſome after ſubtilty make himſelfe a ſaver and that juſtly: the Spaniard ſaies to cuckold the Adulterer is but to get a Fox or wolfe 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 helpe 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 ſtaye and after a declination, but a fountaine continually ſending forth freſh and ſweet waters of juſtice,
P. 54. l. 1. Would you have finer cloth then is made of Engliſh wooll? no, bleſſed be God there are enough that are Infra cauſam meriti. But is there any way alwayes to be ſure to have good Judges? I know one, and thats infallible, that the Lawyers be all of them good men, for they are heires to judiciall places,
P. 55. l. 29. For truly to put a young Gentleman to ſtudy the Lawe without direction, is to ſend a Bark without a ſteeres-man, ſaile, or anchor into an angry Sea, Mr. Littleton being undoubtedly the moſt crabbed Author to begin with of any Science in the world: plaine ground is ever beſt for young excerciſers.
P. 50. l. 4. Truly, It did me good to heare in a Kentiſh Caſe the laſt Terme, where the queſtion was upon a tryall about paſſing an inheritance without the word heires, now the reverend Judges declared the Lawe 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, quod 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 priviledges be diſtinct to many purpoſes yet as to the Grand Concernments of ſtate it is rightly ſtiled the High Court (not Courts) of Parliaments which being the two eyes of the Body politique, can no more look ſeverall wayes then a man can with one eye looke up and downe with the other; and then if any matter which hath bin dijudicaced in one of the honourab…e Houſes ſhould humbly be …reſented to the other, how can it be avoyded but that the ſame perſon would be both Judge and Counſell, which I conceive to bee a ſtronger caſe then my Lo. Dyers that a man cannot be Judge of the Kings Bench and Common pleas, for ſo he might reverſe his owne Judgements, and that was the reaſon that if a Parſon had bin made a Biſhop it had bin an avoydance by reaſon of ſubordination, certainly for a man to bee Judge in one Court, and a practiſer in another, is a great Error in politiques, and I am ſure not permitted in any other Chriſtian Kingdome.
Page 77. l. 12. Good Countrymen bee for ever exceeding carefull in all your Elections let no ſubtill crafty Malignant for feare or favour procure himſelfe to be Elected to diſturbe our bleſſed Counſells, If a pure Virgin ſhould cry out and crave your helpe, would you not ſly to her aſſiſtance, truly Juſtice is an immaculate Virgin and craves your helpe to ſend Religious juſt and ſweet ſpirited men to keepe the fountaine pure, or elſe no marvaile if the ſtreames of Juſtice be polluted.
Page 38. For he makes more motions in a Tearme then another in a yeare as the famous Florentin Sculptor Donatello being deſired by the Conſuls to make a ſtatue, askt 50. l. for it they thinking it too much imployed, an ordinary artificer who askt 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 MonethMonth, but the other was three Moneths about it.
Page 6. And ſo I have ſeene a Petion in the behalfe of the poore Cloth-workers full of ſad complaints. If thoſe many poore ſoules might have Juſtice at a cheape rate and ſpeedily againſt the tranſgreſſors of many excellent ſtatuts how could it revive their drooping ſpirits? but let all honeſt hearts chere up, I doubt not but we ſhall have ſpeedy Iuſtice, the wages of the ſervant recovered before morning, Libertie written upon every Mans doore. Chriſtian Lawes in all points eſtabliſhd, free trade for the glory of the Nations, and all Monopolies baniſht for ever.
Laſtly, But the ancient Maximes 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 verdit againſt verdit, Judgement againſt Judgement, without Attaint or Error, as in the caſe of the Kentiſh cuſtome of deviſing to uſe the word of the Lord Chancellor ELLESMEre, ſuits for one and the ſame cauſe, are caried 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 perjurie of witneſſes or ſuch like ſhi…ts and trickes as can beſt accommodate the buſineſſe, but bleſſed bee God never ſuch worthy Judges, as now; the Lord be with them in all their Jugdements, and increaſe the numb…r of Religious and faithfull Judges, for this Kingdomes happineſſe.
Becauſe there is ſome oppinion printed that the Equity, or Iniquity of a Jugdement ought not to be queſtioned in Chancery, I think fit to ſubjoyne the Lord Egertons words, ſome that take pleaſure, ludere in verbis dormitare in ſenſibus, and ſo diſpute, de apicibus juris aequi & boni ratione praetermiſsa, and profeſſe learning, pueritia literali non Intelligentia ſpirituali, have preſt and ſtrained the ſtatute of 4. H. 4.23. not on…y againſt the Popes uſurped Authority, but the Chancery thereby oppoſing the King againſt himſelfe, who is equally preſent in all his Courts and what need had the Lords and Commons to ingage themſelves to ſtand with …he Crowne againſt the Chancery, (oh that his Majeſty would yet at the length forſaking a…l deſtructive ways ingage himſelfe with his Noble Lords and Commons againſt all Antichriſtian power, ſinne, and profaneneſſe) 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. ſweare 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 tryall r. legall 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.
End of the text · John Cook, The Vindication of the Law (1652)