The Roman historie containing such acts and occurrents as passed under Constantius, Iulianus, Iovianus, Valentinianus, and Valens, emperours. Digested into 18. bookes, the remains of 31. and written first in Latine by Ammianus Marcellinus: now translated newly into English. Wherunto is annexed the chronologie, serving in stead of a briefe supplement of those former 13. bookes, which by the iniurie of time are lost: together with compendious annotations and coniectures upon such hard places as occurre in the said historie. Done by Philemon Holland of the citie of Coventrie, Doctor in Physicke.

CHAP. VII. The last sort of them that uphold this profession of Lawyers, impudent, froward, wil∣full, and unlearned, is here in lively colours depainted.

THe fourth and last ranke is impudent, overthwart, stubborne, and with∣all unlearned, those I meane, who having broken loose over-soone from the Grammer schoole, run to and fro in all corners of cities stu∣dying for scoffes, and frumping flours, not for meet pleas to helpe a∣ny cause: who also haunting rich mens houses, lay for to get part of exquisit dain∣ties at their suppers and meales. Who when they have once betaken themselves to secret and privat gaines, and given their minds to get money everie way, it skills not how, set any innocent and harmelesse persons together by the eares, and make them for nothing goe to law: and being admitted into the court (and that seldom happeneth) for the defence of a cause, at the verie instant time when they should come to plead at barre, they are faine to be instructed from the verie mouth of the client that is defendant, what is the name and nature of the cause that he hath taken in hand: And these are so full of their confused circumlocutions, that a man would thinke he heard ^g Therfites with a frapling and bawling clamor to come out with a mishmash and hotchpotch of most distastfull and unsavorie stuffe. But when they are once driven to a nonplus, and want matter to maintaine their allegations, then turne they all their speech to an unbridled libertie of rayling and foule speaking: in which respect, for their reproachfull and reviling tearmes, which continually they

would give even to honourable personages, they have divers times beene condem∣ned, And of these there be some so rude, that they cannot remember they were ever masters of any law bookes. And if at any assembly or meeting of learned men, there happen to be mention made of some auncient author, they suppose it to be some forraine name of a fish or dish of meat. And, in case any stranger chance for example sake to aske for Marcianus, an Oratour, whose name they were not before acquainted with, straightwayes they imagine themselves all to be named Marciani. Neither do they set any right now before their eyes, but as men sold unto cove∣tousnesse and possessed wholly with it, they know nothing at all but an engraffed licentious libertie of craving and getting. And looke whom they once catch with∣in their toile, they ensnare him with a thousand nets, under pretense of sicknesse forsooth, lingring for the nonce, and making delayes with this and that, one after a∣nother by turnes: and for the proceeding of one reading of a vulgar and common law, they prepare seven vendible entrances and returnes, plotting and platting as long examinations as possibly they can to protract the time. Now, when as there have so many dayes, monethes, and yeares gone over the parties heads that are in suit, that they become stript bare of their money, at length when as the matter in controversie is growne stale and throughly worne in continuance of time, then are the verie principall heads and great doctors admitted and let in: who being entred bring in with them other dumbe shewes of Advocates. And when they are come within the enclosure of the barre or raile, and the whole estate or life of some man begins to come in question and tryall, what time as all endevour should be used to keepe either the edge of the sword from an innocent, or put by losse from a poore and miserable person, with frowning foreheads on both sides, and armes compo∣sed after the gesture of actors on a stage (so that there seemeth nought wanting but Gracchus his ^h pipe behind their backes, by which he was woont in his orations to temper his voice) they stand stil along time on either hand: And at last, out of some premeditate flourish, there comes forth by him who is the bolder of the twaine and more confident of speech, some pleasant and delightsome exordium or begin∣ning of speech, promising as it were the Rhetoricall ornaments, resembling those of the famous orations pronounced either for Cluentius or Ctesiphon: and when all that heare it are desirous to have an end made, the matter groweth to this conclusi∣on at length, that the patrons (for sooth) after a shew made of a three yeares suit de∣pending in the court, alledge for excuse, that they be not yet sufficiently instructed and prepared: and so when they have obtained a longer time still of adjournment, as if they had alreadie wrestled hard with that old Antaeus, they cease not to call ear∣nestly for their fees, in regard of this their daungerous conflict and doubtfull com∣bat performed. Howbeit, things being so, these Advocates are not without many inconveniences, which a man of worth that would live in good fashion could not well endure. For, being fleshed with the baits of idle gaines comming in with sit∣ting still, and doing little or nought, they are at daggers drawing among themselves; and breaking forth into a malapert humor of railing, as hath been said, they offend and displease many: Which bitter humor of theirs then doe they discharge and rashly disgorge, when as they are not able with all their stout speeches and orations to cover and protect the weakenesse of their causes. And otherwhiles they have for their Iudges such as have learned Philistions or Aesops frumping scoffes or fables, ra∣ther than those that have come forth of the schoole either of that just Aristides, or of grave Cato, who having purchased with round summes of money publike offi∣ces

of state, like unto busie and troublous creditors, prying and searching straitly in∣to the wealth & estate of all sorts of men, whatsoever they be, fetch booties perforce out of other mens bosomes. To conclude, the profession & practise of these lawyers hath among many other things this one mischiefe grievous and fearfull, for that as many almost as go to law, are of this nature, that whereas controversies and suits by a thousand chances do miscarrie, looke whatsoever falleth out otherwise than well, they suppose the same lay in the power of their patrons and advocats; and what is∣sue ensueth upon any variance and contention, they are wont to impute & ascribe the same even to them, and in no wise are they angry either with the defect of their matters, or the iniquitie otherwhiles of the Iudges, but only with the defendors of their causes. But now returne we whence we hither digressed.