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 lear∣ned & 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, 〈◊〉〈◊〉 se∣cundum 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 par∣tiall disposition in favour of the one aganinst the other of them; or otherwise to shore up the Judge, (as it were) when he suspe∣cteth his inclination to the adversarie. In both, which he bewray∣eth an unreverend conceit and opinion of the Judge, whom in the Court of his owne heart he hath already condemned of In∣fidelitie; in the one, because he suspecteth him to be drawne a∣way 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 In∣former 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 indiffe∣rent, and favour partiall) or that they seeke onely the good and equall conscience of the Iudge, (which they might find with∣out 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•• fa∣vor, 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 de∣liver 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 se∣verall sollicitations.

The Partie.

FOr as touching the very parties, they doe carry their owne discredit in their mouths with them, and cannot greatly pre∣vaile (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 im∣portunities, did punish 〈…〉〈…〉, both Actorem & reum, that by any subtle prayers attempted the Judge in his house or els∣where 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 Coun∣sell 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 bo∣some 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 con∣science 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 per∣nitious, and yet whether of them is more pestilent; I cannot de∣termine, 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, de∣voured of his owne dogges, who care not what dishonourable ••••ame they cast upon him (whom they are most bounden to ho∣nour) 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 coy∣ned 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 war∣ting 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 new∣years gift, or may sinde the meanes to possesse the Judge with the loane of some hundreds of pounds, without taking any in∣trest 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 be∣fore, in taking the start and watching of all bon heurs and oppor∣tunities, yet through his learning and other parts (which the o∣ther 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 en∣dure 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 o∣pen Court; the Cause of the honest Suitor must either take wrong, or els must be also (against his wil & good Conscience, be∣sides

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 Ju∣stice 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 a∣bused in his vicarie: good men sobbing for griefe, and naughty packs laughing in their sleeves at it, who also doe evermore re∣quite such their misbegotting favour with this thankfulnesse, that their tongues doe continually itch untill they have blabbed a∣broad 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 authori∣tie 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 iudi∣ciall 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 recre∣ation, 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 up∣right, 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 ta∣king 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 rea∣dy 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 in∣differently; but how that may be performed without the pre∣sence of both the parties, or of their Counsell, faine would I learne; For to place the one side alone were (in a matter judi∣ciall) to be possest with prejudiciall conceit, and to heare them suddenly, were besides the losse of time, but to be willingly abu∣sed, 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 per∣ceive, that evermore after such crafty suggestions so appre∣hended, 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 there∣of 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 inju∣stice 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 so∣meere 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 em∣brace 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 la∣bour, 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 judge∣ment) 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 sub∣verting 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 un∣moveable.

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 Common∣wealth, 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 con∣sideration 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 re∣gard of his person alone, without beholding the Cause or Client, hardly may any sound reason be assigned: And of that undue fa∣vour, 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 ma∣ny 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 unlaw∣full 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 Coun∣sellour) 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 re∣bound to the blame of the Judge, that is Causer and Continuer of these evils.

Sixthly, what unbridled boldnesse (or rather audacious petu∣lancie) 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 Bet∣ters, 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 acquain∣tance with the inwards of their Causes, and much money ••il∣ked 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 fur∣ther, 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 En∣glish 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 fa∣ces, 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 Gar∣den of the Law, within quarters of the Houses of Court: Ad∣mit 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 Town∣wikes incorporate, or to supply to Stewardship of Leets, or other rurall Courts: Then draw those first forth againe, tho∣row 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.