University of Virginia Library

Of Justice.

Now vnto thee who like the Euening star,
Sends forth the rayes of natiue glory far;
Doe I addresse my Muse: ô that she might
Haue so much power as to describe thee right!
This is a vertue that doth comprehend
All vertues in her, and indeed's the end
Whereat all good men ayme, wherein they trust,
For him we count a perfect man that's Iust.
So that of all those Vertues which we call
(For their transcendent Natures) Cardinall.
Then this same Vertue ampler there is none,
Including one in all, and all in one.
But first, that I may make her better knowne,
I will describe her Mansion and her Throne,
What she admires, who her attendance be,
Which showne, her worth the sooner you may see.
First, for her Throne it's neither high nor low,
But in an Equall or a middle row.
For high she will not by no meanes abide,
Least by her height she should be taxt of pride;
Nor so deiected, as her humble seate,
Might cause contempt of Iustice to the Great.
Therefore as she's of Vertues soueraigne Queene,
She sits enthroned in a Golden meane.
Those she admires be no Magnificoes,
No Fliers, no Flirts, nor no Ardelioes,
No slie Informers that insinuates,
No sharking Lawyers, shifting Aduocates;
No brib'd Atturneys that take dooble fees:
No, she's too good to brooke the best of these.
But rather such as Students are in Lawes,
To heart their Clients in a righteous cause,
Such as when they before her Throne appeare,
Neither are brib'd with gold, nor curb'd with feare;
These be her Darlings, these will she desire
To consort with, these onely she'l admire.
Those which attend her are deseruing men,
And will doe Iustice, right, in spite of them
That dare oppose her, for withouten these
We should see Iustice often on her knees,
Since Iustice though she speake with resolution,
Her speech is vaine, not put in Execution:
But when her followers readie are at hand,
To put in Execution her command,
Then Iustice beares a farre more gracious shew,
For what she wills, they willing are to doe.
Of all the Acts which King Cambyses did,
There was no one that better merited;
Then when he (for abuse of Iustice) made
The skin of Iudge Sysambris to be fleade,
And to deterre all others from like wrong
Caused it neere the Iudgement-seate be hong.
So pure's the Throne of Iustice, and her eye
So piercing, as there's no obliquitie,
How small so ere, which seemes to daze her light,
But quickly 'tis discerned by her sight.
Her eyes be euer open, for she knowes
That there be many which to th'world showes
No lesse then Saints, yet being try'd they'r nothing,
Yea worse then so, they'r wolues in a sheeps clothing.
Well may we thinke then, Iustice had not neede
To sleepe, when Foxes 'mongst her Lambkins feed.
And subtile Sconces shrowded oft we see
Vnder pretences of simplicitie.
But to the end I rightly may define
Th'professour of a Vertue so diuine,
Methinkes he should be one that knowledge had,
And awfull power to terrifie the bad;
A graue aspect, mixt with austeritie,
Which should be temper'd so with lenitie
That in them both he might be vnderstood,
A scourge to th'ill, a chearer of the good.
Nor is he bound to th'Letter of the Law,
For—Summum ius, Summ' est iniuria.
But with a modest exposition may
Sweeten his censure, and the sence allay.
Nor should he (as that Iudge we read of) be,
Who heard the Widdow not for equitie
But for she was still knocking at his gate,
And in her suite was so importunate
As he was forc't by her intreaties than,
To doe her right, yet fear'd not God nor man.
But such an one, as in his Makers sight
Desires to doe to euery one what's right,
And with euen Ballance weighs the poor'st that arre
As well as those men that be Richer farre;
Deserues to be professour in this time
Of such a vertue, noble, and diuine.
For if there were respect of persons had,
Much doe I feare there's many would be bad,
Who now restrayned are and kept in awe,
“Not so much for their God, as for the Law.
“For wicked men if ere they finde restraint
“Of working ill, it's feare of punishment.
But stay, me thinkes I heare a Supplicant,
Whose cause is good, yet for he is in want,
His fee-lesse Lawyers neuer are prepar'd
To ope his case, and so he's neuer heard.
True there be such, but why doth Iustice sit,
But to reforme such grieuances as it?
Is his cause good? the first in plea is his,
And though he come in Forma Pauperis;
Though some for Diues plead, some shall not chuse
But shall be forc't to plead for Lazarus.
It's true there shall: but it's so slightly done,
As th'poore mans case being open'd, he is gone,
Th'Lawer I meane, for long he will not stay
To plead his cause that has no fees to pay;
Or if he plead he doth so post it ore
As hauing done, he doe's respect no more,
Whether his threed-bare Client loose or win,
Then th'Libertine to act a sensuall sinne.
But in this place now when I come so neare,
I will insert a storie I did heare;
Which being related, though not halfe so well
As it was told, may please the Client well.
In that last Age when Rome 'gan to decline
From her first height, and that there was a time
For vicious men to follow their owne will,
Where none were great but such as would be ill.
That Hydra-headed Snake the Multitude,
In publique Court vnto the Synod sude,
That such corruptions as by Law were bred
Might by their Censures now be punished:
The discreete Senate loath for to offend
Such factious Members, did attention lend
Vnto their suite, and granted them free vse
To apprehend such as did Law abuse:
Which being done, their rage brookt no deniall,
But brought these corrupt Lawyers to their tryall:
Where such as were found guiltie, and had done
Such odious crimes, as made poore-men vndone
Were liable to th'Censure of the Court,
Which (as I reade) proceeded in this sort.
Gracchus hold vp thy hand, here art thou tride
And guiltie found (which cannot be denide)
Of many fowle abuses, such as these,
Brocage in suites, Demurrers, dooble fees,
Corruption, Subornation, nay, what's worse
To leaue the Deuill in thy Clyents purse,
Dancing and capring, for the which and more
By thee in like sort acted heretofore:
Heare what the censure of the Court has done
To thee, that hast so many ouerthrowne,
Thou and Catastes thy false Scriuiner
Shall in the publique Market-place appeare,
Where for example to Posteritie,
You both shall stand vpon the Pillorie.
Where on your backes shall be endorsed these
Three words,—Pro Euertendo Pauperes.
Which done, that Ioue may grant you absolution,
You shall be forc't to make a restitution,
For euery bribe, shift, tricke, deuise, or cheate,
Bill, Bond, Release, Indenture counterfeite,
Done, to be done, or caused to be done
By you, or your's, for friend, foe, father, sonne:
Which pennance past for Errors heretofore,
The Court awards you nere to practise more.
This Iudgement after past on two or three,
But still the people prone to mutinie;
Haled out more, nor would they be restraind
Till all their Lawyers were (well neere) arraind:
Good God how many diffrent minds were then,
Where there were far more censures then were men!
For Faction (is so strange a Natur'd Elfe)
As it agrees but seldome with it selfe.
Some cried let's whip them, others cried far lowder,
Let's burne these Vipers of our Realme to powder:
Others dislikt of that, and thought not fit,
Least as the Phænyx doth a Phænyx get
By her owne Ashes; or as we doe reade,
The Beetles ordure doth the Beetle breede;
So the Ashes of these Lawyers (which were pittie)
Might raise a dampe to poyson all the Cittie.
For if they liuing such corruption breed,
How corrupt will they be when they are dead?
While they were scaning thus, one amongst th'rest,
Starting vpright, sayd, he did thinke it best,
Since that their Crimes extended but to state
Not life, their Substance should be confiscate;
But how, quoth one? Vnto the Treasorie;
No (quoth another) to the Commonaltie:
Since well I know (and manifest it is)
The Commons purses payed well for this.
Debating thus, one of the Grauer sort
Of Law-professours stood vp in the Court,
And after due obeysance (as was fit)
To such high Peeres as did in Councell sit,
He thus began: You Conscript Fathers, you
That sit in Iudgement to giue each their due.
Thus farre haue heard, what we could speake, what they,
Now will it please you heare what I can say;
Diuerse be th'Censures which be giuen on vs,
And rightly too, for great is our abuse,
Yet well your Honours know no fault's so great
Which easie Glosses may not mitigate;
Yea, it is knowne, some Natures be so bent,
Kindnesse doth more with them then punishment.
For such to lenitie will oft submit,
When rougher termes can neuer mannage it.
Know then Graue Senators we doe allot
An ample portion of all we haue got
By fraud, collusion, or by any way
To speciall vses, but not such as they
Seeme to inioyne vs: (no my Lords) it's fit
That we, who haue encreasd our state by wit,
Aduice, wise prouidence, and pollicie,
Should not haue such fond Caruers as these be
To share our Fortunes, for it may be knowne,
They'l ill keepe ours, that could not saue their owne.
Fond Caruers (quoth the Rabble)? Yes, said he;
With that through the Court, there rose a mutinie;
But being represd, he tooke the better heede
To moue the Rout: and thus he did proceede.
We are content (therefore) to giue to th'vse
(Since we to giue can neither will nor chuse)
Of such as be depriu'd of Natiue sence,
Reason and Gouernment a competence
For to relieue them, and that there-withall
There may prouided be an Hospitall
Or house for their abode, we doe agree
A Bed-lem house b'erected speedily.
This is our will, and we doe freely giue it,
By th'mad we got it, and to th'mad we leaue it.
This was no sooner by the Lawyer sayd,
Then all approu'd it, and were well appaid;
Where th'Monster-headed Vulgar ope'd her iawes
And did confirme this doome with one applause.
This good they did that nere did good before,
Nor as it's like, will ere doe any more.
But this's a Tale which I haue heard with moe,
And I would haue it to be taken so:
For all of no Profession's good we see,
Nor all of Lawyers, nor shall euer be:
Yet if ere Iustice shin'd, may she shine here,
And make our Albyon her Hemyspheere.
That as we haue a Steward of our owne,
Who iustly weld's and beareth vp her Crowne;
So we may haue Dispencers vnder him,
Who through their Iustice may discomfit sin.