a

b

ex injuria vivunt & sanguine civium, theeves and Seminaries of discord; worse then any polers by the high way side, auri accipitres, auri exterebronides, pecuniarum hamiolæ, quadruplatores, Curie harpagones, fori tintinabula, monstra hominum, mangones, &c. that take upon them to make peace, but are indeed the very disturbers of our Peace, a company of irreligious, Harpies, scraping, griping catch-poles, (I mean our common hungry Pettefoggers, irabulas forenses, love and honour in the mean time, all good laws, and worthy Lawyers, that are so many *Oracles and Pilots of a well governed common-wealth.) Without Art, without Judgement, that do more harm, as Livy said, quam bella externa, fames, morbive, then sicknesse, wars, hunger, diseases; "and cause a most incredible destruction of a Common-wealth," saith Sesellius, a famous civilian sometimes in Paris, as Ivie doth by an Oke, imbrace it so long, untill it hath got the heart out of it, so do they by such places they inhabite; no counsel at all, no justice, no speech to be had, nisi eum præmulseris, he must be feed still, or else he is as mute as a fish, better open an Oyster without a knife. Experto crede (saith Salisburiensis) in manus eorum millies incidi, & Charon immitis qui nulli pepercit unquam, his longè clementior est; " I speak out of experience, I have been a thousand times amongst them, and Charon himself is more gentle than they; he is contented with his single pay, but they multiply still, they are never satisfied:" besides, they have damnificas linguas, as he terms it, nisi funibus argenteis vincias, they must be feed to say nothing, and get more to hold their peace, then we can to say our best. They will speak their clients fair, and invite them to their tables, but as he follows it, "of all injustice, there is none so pernicious as that of theirs, which when they deceive most, will seem to be honest men.' They take upon them to be peace-makers, & fovere causas humilium, to help them to their right, patrocinantur afflictis, but all is for their own good, ut loculos pleniorum exhauriant, they plead for poor men gratis, but they are but as a stale to catch others. If there be no jar, they can make a jar, out of the law it self finde still some quirk or other, to set them at odds, and continue causes so long, lustra aliquot, I know not how many

• Lib. 3. < Po

i Juris consulti domus oraculu civitatis. Tully. * Lib. 3. Lib. 1. de rep. Gallorum, incredibilem reipub. perniciem afferunt. lycrat. lib. Is stipe contentus, & hi asses integros sibi multiplicari jubent. *Plus accipiunt tacere, quàm nos loqui. Totius injustitiæ nulla capitalior, quàm corum qui cum maxime decipiunt, id agunt, ut boni viri esse videantur. Nam quocunque modo causa procedat, hoc semper agitur, ut loculi impleantur, etsi avaritia nequit satiari. * Camden in Norfolk : qui si nihil sit litium è juris apicibus lites tamen serere callent.

years

h

years before the cause is heard, and when tis judged and determined by reason of some tricks and errors, it is as fresh to begin, after twice seven years sometimes, as it was at first; and so they prolong time, delay suits till they have enriched themselves, and beggered their clients. And as Cato inveighed against Isocrates Scholars, we may justly tax our wrangling Lawyers, they do consenescere in litibus, are so litigious and busie here on earth, that I think they will plead their client's causes hereafter, some of them in hell. Simlerus complains amongst the Suissers of the Advocates in his time, that when they should make an end, they began controversies, and "protract their causes many years, perswading them their title is good, till their patrimonies be consumed, and that they have spent more in seeking then the thing is worth, or they shall get by the recovery." So that he that goes to law, as the proverb is, holds a wolfe by the ears, or as a sheep in a storm runs for shelter to a brier, if he prosecute his cause he is consumed, if he surcease his suit he loseth all1; what difference? they had wont heretofore, saith Austin, to end matters, per communes arbitros; and so in Switzerland, (we are informed by Simlerus)" they had some common arbitrators, or dayesmen in every Town, that made a friendly composition betwixt man and man, and he much wonders at their honest simplicity, that could keep peace so well, and end such great causes by that means. At Fez in Africk, they have neither Lawyers nor Advocates; but if there be any controversies amongst them, both parties plaintiff and defendant come to their Alfakins or chief Judge, "and at once without any farther appeals, or pitifull delays, the cause is heard and ended." Our forefathers, as a worthy Chorographer of ours observes, had wont pauculis cruculis aureis, with a few golden crosses, and lines in verse, make all conveyances, assurances. And such was the candor and integrity of succeeding ages, that a Deed (as I have oft seen) to convey a whole Manor, was implicitè contained in some twenty lines, or thereabouts; like that scede or Sytala Laconica, so much renowned of old in all contracts, which Tully so earnestly commends to Atticus, Plutarch in his

m

n

Hor.

h Plutarch. vit. Cat. causas apud inferos quas in suam fidem receperunt, patrocinio suo tuebuntur. Lib. 2. de Helvet. repub. non explicandis, sed moliendis controversiis operam dant, ita ut lites in multos annos extrahantur summa cum molestia utrisq; partis & dum interea patrimonia exhauriantur. k Lupum auribus tenent. m Lib. de Helvet. repub. Judices quocunque pago constituunt qui amica aliqua transactione si fieri possit, lites tollant. Ego majorum nostrorum simplicitatem admiror, qui sic causas gravissimas composuerint, &c. "Clenard 1. 1. ep. Si quæ controversiæ utraq; pars judicem adit, is semel & simul rem transigit, audit: nec quid sit appellatio, lachrymosæq; moræ noscunt. • Camden. P Lib. 10. epist. ad Atticum, epist.

11.

Lysander,

Lysander, Aristotle polit: Thucidides lib. 1. Diodorus and Suidas approve and magnifie, for that Laconick brevity in this kind; and well they might, for, according to Tertullian, certa sunt paucis, there is much more certainty in fewer words. And so was it of old throughout: but now many skins of parchment will scarce serve turn; he that buys and sels a house, must have a house full of writings, there be so many circumstances, so many words, such tautological repetitions of all particulars (to avoid cavillation they say); but we finde by our woful experience, that to subtle wits it is a cause of much more contention and variance, and scarce any conveyance so accurately pened by one, which another will not find a crack in, or cavil at; if any one word be misplaced, any little error, all is disannulled. That which is law to day, is none to morrow, that which is sound in one man's opinion, is most faulty to another; that in conclusion, here is nothing amongst us but contention and confusion, we bandie one against another. And that which long since Plutarch complained of them in Asia, may be verified in our times. "These men here assembled, come not to sacrifice to their gods, to offer Jupiter their first fruits, or merriments to Bacchus; but an yearly disease exasperating Asia hath brought them hither, to make an end of their controversies and law suits." Tis multitudo perdentium & pereuntium, a destructive rout, that seek one another's ruine. Such most part are our ordinary suiters, termers, clients, new stirs every day, inistakes, errors, cavils, and at this present, as I have heard in some one Court, I know not how many thousand causes: no person free, no title almost good, with such bitternesse in following, so many slights, procrastinations, delayes, forgery, such cost (for infinite sums are inconsiderately spent) violence and malice, I know not by whose fault, lawyers, clients, laws, both or all: but as Paul reprehended the Corinthians long since, I may more positively infer now: "There is a fault amongst you, and I speak it to your shame, Is there not a "wise man amongst you, to judge between his brethren? but that a brother goes to law with a brother." And *Christ's counsel concerning Law-suits, was never so fit to be inculcatel, as in this age: *Agree with thine adversary quickly," &c. Matth. 5. 25.

66 X

Biblioth. I. 3. Lib. de Anim. Lib. major morb. corp. an animi. Hi non conven unt ut diis more majorum sacra faciant, non ut Jovi primitias offerant, aut Baccho commessationes, sed anniversarius morbus exasperans Asiam huc es coegit, ut contentiones hic peragant. 1 Cor. 6. 5, 6. " Stulti quando demum sapietis? Ps. 49. S. * Of which Text read two learned Sermons, *so intituled, and preached by our Regius Professor, D. Prideaux ; printed at London by Felix Kingston, 1621.

I could

b

I could repeat many such particular grievances, which must disturb a body politick. To shut up all in brief, where good government is, prudent and wise Princes, there all things thrive and prosper, peace and happinesse is in that Land: where it is otherwise, all things are ugly to behold, incult, barbarus, uncivil, a Paradise is turned to a wilderness. This Island amongst the rest, our next neighbors the French and Germanes, may be a sufficient witnesse, that in a short time by that prudent policy of the Romans, was brought from barbarism; see but what Cæsar reports of us, and Tacitus of those old Germans, they were once as uncivil as they in Virginia, yet by planting of Colonies and good laws, they became from barbarous outlaws, a to be full of rich and populous cities, as now they are, and most flourishing Kingdoms. Even so might Virginia, and those wild Irish have been civilized long since, if that order had been heretofore taken, which now begins, of planting Colonies, &c. I have read a discourse, printed Anno 1612. "Discovering the true causes, why Ireland was never intirely subdued, or brought under obedience to the crown of England, until the beginning of his Majestie's happy reign." Yet if his reasons were throughly scanned by a judicious Politician, I am afraid he would not altogether be approved, but that it would turn to the dishonor of our Nation, to suffer it to lye so long waste. Yea, and if some travellers should see (to come neerer home) those rich, united Provinces of Holland, Zealand, &c. over against us; those neat cities and populous towns, full of most industrious artificers, so much land recovered from the Sea, and so painfully preserved by those artificial inventions, so wonderfully approved, as that of Beinster in Holland, ut nihil huic par aut simile invenias in toto orbe, saith Bertius the Geographer, all the world cannot match it, so many navigable chanels from place to place, made by men's hands, &c. and on the other side so many thousand acres of our feas lie drowned, our cities thin, and those vile, poor, and ugly to behold in respect of theirs, our trades decayed, our still running rivers stopped, and that beneficiali use of transportation, wholly neglected, so many Havens voyd of snips and towns, so many Parks and Forrests for pleasure, barren Heaths, so many Villages depopulated, &c. I think sure he would finde some fault. I may not deny but that this Nation of outs, doth bene audire apud exteros, is a most noble, a most flourishing kingdom, by

a

Sæpius bona materia cessat sine artifice.

Sabellicus de Germania. Si quis videret Germaniam urbibus horde excultam, non diceret ut olim te stem celtu, as; eram cœlo, terram iatoriem. bby lus Majesty's Atturney General there. As Zcipland, Ecmster in Holland, &c. d From Gaant to Sluce, from

Bruges to the Sea, &c.

common

common consent of all Geographers, Historians, Politicians, tis unica velut arx, and which Quintius in Livy said of the inhabitants of Peloponesus, may be wel applied to us, we are testudines testá suá inclusi, like so many Tortoises in our shels, safely defended by an angry Sea, as a wall on all sides. Our Island hath many such honorable Elogiums; and as a learned countreyman of ours right well hath it, "Ever since the Normans first coming into England, this country both for military matters, and all other of civility, hath been paralleled with the most flourishing kingdoms of Europe, and our Christian world," a blessed, a rich countrey, and one of the fortunate isles and for some things preferred before other countries, for expert scamen, our laborious discoveries, art of navigation, true Merchants, they carry the bel away from all other nations, even the Portugals and Hollanders themselves; "without all fear," saith Boterus, "furrowing the Ocean Winter and Summer, and two of their Captains, with no less valor then fortune, have sailed round about the world." We have besides many particular blessings, which our neighbours want, the Gospel truly preached, Church discipline established, long peace, and quietnesse free from exactions, forraign fears, invasions, domesticall seditions, well manured, fortified by Art, and Nature, and now most happy in that fortunate union of England and Scotland, which our forefathers have labored to effect, and desired to see: But in which we excel all others, a wise, learned, Religious King, another Numa, a second Augustus, a true Josiah, most worthy Senators, a learned Clergy, an obedient Commonalty, &c. Yet amongst many roses, some thistles grow, some bad weeds and enormities, which much disturb the peace of this body politicke, eclipse the honour and glory of it, fit to be rooted out, and with all speed to be reformed.

k

i

The first is idlenesse, by reason of which we have many swarms of rogues and beggers, theeves, drunkards, and discontented persons (whom Lycurgus in Plutarch cals morbos reipub. the boils of the commonwealth) many poor people in all our Towns, Civitates ignobiles, as a Polydore cals them, base built cities, inglorious, poor, small, rare in sight, ruinous, and thin of inhabitants. Our land is fertile we may not deny, full of all good things, and why doth it not then abound with cities, as well as Italy, France, Germany, the Low-countreys?

• Ortelius, Boterus, Mercator, Meteranus, &c. f Jam inde non belli gloria, quàm humanitatis cultu inter florentissimas orbis Christiani gentes imprimis floruit. Camden Brit. de Normannis. & Geog. Kecker. Tam hieme quàm æstate intrepidè sulcant Oceanum, & duo illorum duces non minore audacia quàm fortuna totius orbern terræ circumnavigarunt. Amphitheatro Boterus. A fertile soil, good air, &c. Tin, Lead, Wool, Saffron, &c. tannia unica velut arx. Boter. * Lib. 1. hist.

* Tota Bri

because