To my Lord Chancellour Boyle, at Once Chancellour and Primate of Ireland
Just Clergy-Judge, Laic-Conscience of the Laws!
Who not by Law, but Gospel, tries a Cause;
Since Summum Jus , which is most Injury,
And does the Law's Injustice most imply,
You bring to Reason, by your Equity;
Great Casuist! of Squabling Consciences,
And Judge of Heav'nly, as of Earthly Pleas,
To give your Orators, that Blessing, Peace;
Not only in the Church, but Chancery,
Where you, dispatching Suits, show Charity;
So that you, your Poor Orators, no less,
As Chancellour, than as a Bishop, Bless;
When, against Rules of Brib'd Laws, you think fit,
(And all Courts) to be Just to Friendless Wit,
Tho' Justice scarce in any's done to it;
Of which, you for so Just a Judge, are known,
Reason to Sense, against Law, you have done;
Since Reason o'er-rules Custom, in your Court,
Where you, 'gainst Law, will Innocence support;
Which, scarce was known in any Court before,
But where you sat, to be too hard for Pow'r;
Since that at Law, nay more, in Ireland too,
Few Courts, (as we, by Precedents, well know,)
Against Pow'r, will support the Weaker Laws,
Or, since the Juster too, the Weaker Cause;
Which, but on Justice, Reason, does depend,
Its Right by Sense, 'gainst Int'rest, to 'defend;
Whose Owner, but by Right, to Justice does pretend;
Or thinks, that Reason will, by Law be done
To th' Cause, as there's more Reason for it shown;
Or, that a Man, or Cause, are justify'd
More, as more Justice is on either side;
Or, that Poor Men, by Sense, Truth, Innocence,
Blind Justice, against Bribes, can Influence;
Since Summum Jus , in no Court, e'er thought fit,
To let, against all Custom, Men of Wit
Gain any thing, (tho' ne'er so Just,) by it;
Especially, in any Country, where
(The Fool's, and Knave's Cause is most Popular,)
Nor any Court, where Custom is (we know)
Too hard for Reason, ever will allow,
The Poor Wit's Claim, for Reason, he may show;
Since no Courts judge Wealth the just Due to Wit,
But think, Wit is the Forfeiture of it,
Which it, for Fame, contented is to quit;
At least, in Ireland , it was ne'er thought, that
Good Sense had Title to a Good Estate;
For, where'er Fools, or Knaves, most numerous
Are found, their Right, Poor Men of Sense must lose;
Must lose their Right to Wealth, as to their Fame,
According to the Custom, by their Claim;
Since most, with Reason, against Sense agree,
Folly to Fortune, is the justest Plea;
So Wits, who hold their Stores in Capite ,
For showing Reason, none have to them done,
Nor Right in any Court, have to them shown;
Since Irish, English Judges, ne'er think fit,
There any Court of Claim shou'd be for Wit;
Which rather its own Justice does prevent,
Where, but the Fool is prov'd an Innocent,
And Wit is its own Claim's Impediment;
Then if that cou'd your Court's Exception be,
Why my Claim shou'd not granted be to me;
I will, my having any Wit disown,
Nay prove it, since a Marry'd Man I'm grown;
Nay Marry'd, Richer, Happier to grow,
Which none sure, but a Fool, cou'd think to do;
Yet as you Chancellour and Bishop are,
I beg you, either way, to hear my Pray'r,
That you'll dissolve your Church-Injunction, if
You will not give my Chanc'ry-Pray'r Relief;
Since, by the Scripture-Law, your Pow'r (we find)
As Priest, extends to set loose, as to bind;
Then, since no Pact, or Bargain is allow'd,
Without Consideration, to be good;
And since 'twas an Estate, which in my Case,
Consideration of my Marriage was,
Your Court, (since 'tis a Court of Conscience) shou'd,
By right, my Title to me now make good,
Let my first Pact, whole Plea, be first allow'd;
Consideration of my Bargain give,
Or me from it, (since unperform'd) relieve;
Give my Claim (as a Chancellour) Relief,
Or me relieve (as Bishop) from a Wife,
End my Law-Suit, or my Domestic-Strife;
End but my Law-Suit in your Chancery,
E'er I'm undone there, by your Equity;
Since 'tis a Rule of Chancery, (we find)
Plaintiffs must leave there, half their Gains behind;
As the Bush, shelt'ring from the Storm the Sheep,
Does half their Fleeces, e'er they leave it, keep;
Till that their very Gain becomes their Loss,
And ev'n their Shelter, their Destruction grows.
Who not by Law, but Gospel, tries a Cause;
Since Summum Jus , which is most Injury,
And does the Law's Injustice most imply,
You bring to Reason, by your Equity;
Great Casuist! of Squabling Consciences,
And Judge of Heav'nly, as of Earthly Pleas,
To give your Orators, that Blessing, Peace;
Not only in the Church, but Chancery,
Where you, dispatching Suits, show Charity;
So that you, your Poor Orators, no less,
As Chancellour, than as a Bishop, Bless;
When, against Rules of Brib'd Laws, you think fit,
(And all Courts) to be Just to Friendless Wit,
Tho' Justice scarce in any's done to it;
Of which, you for so Just a Judge, are known,
Reason to Sense, against Law, you have done;
Since Reason o'er-rules Custom, in your Court,
Where you, 'gainst Law, will Innocence support;
Which, scarce was known in any Court before,
But where you sat, to be too hard for Pow'r;
Since that at Law, nay more, in Ireland too,
Few Courts, (as we, by Precedents, well know,)
Against Pow'r, will support the Weaker Laws,
Or, since the Juster too, the Weaker Cause;
Which, but on Justice, Reason, does depend,
Its Right by Sense, 'gainst Int'rest, to 'defend;
Whose Owner, but by Right, to Justice does pretend;
Or thinks, that Reason will, by Law be done
To th' Cause, as there's more Reason for it shown;
Or, that a Man, or Cause, are justify'd
More, as more Justice is on either side;
Or, that Poor Men, by Sense, Truth, Innocence,
Blind Justice, against Bribes, can Influence;
Since Summum Jus , in no Court, e'er thought fit,
To let, against all Custom, Men of Wit
Gain any thing, (tho' ne'er so Just,) by it;
Especially, in any Country, where
(The Fool's, and Knave's Cause is most Popular,)
Nor any Court, where Custom is (we know)
Too hard for Reason, ever will allow,
The Poor Wit's Claim, for Reason, he may show;
Since no Courts judge Wealth the just Due to Wit,
But think, Wit is the Forfeiture of it,
Which it, for Fame, contented is to quit;
At least, in Ireland , it was ne'er thought, that
Good Sense had Title to a Good Estate;
For, where'er Fools, or Knaves, most numerous
Are found, their Right, Poor Men of Sense must lose;
Must lose their Right to Wealth, as to their Fame,
According to the Custom, by their Claim;
Since most, with Reason, against Sense agree,
Folly to Fortune, is the justest Plea;
So Wits, who hold their Stores in Capite ,
For showing Reason, none have to them done,
Nor Right in any Court, have to them shown;
Since Irish, English Judges, ne'er think fit,
There any Court of Claim shou'd be for Wit;
Which rather its own Justice does prevent,
Where, but the Fool is prov'd an Innocent,
And Wit is its own Claim's Impediment;
Then if that cou'd your Court's Exception be,
Why my Claim shou'd not granted be to me;
I will, my having any Wit disown,
Nay prove it, since a Marry'd Man I'm grown;
Nay Marry'd, Richer, Happier to grow,
Which none sure, but a Fool, cou'd think to do;
Yet as you Chancellour and Bishop are,
I beg you, either way, to hear my Pray'r,
That you'll dissolve your Church-Injunction, if
You will not give my Chanc'ry-Pray'r Relief;
Since, by the Scripture-Law, your Pow'r (we find)
As Priest, extends to set loose, as to bind;
Then, since no Pact, or Bargain is allow'd,
Without Consideration, to be good;
And since 'twas an Estate, which in my Case,
Consideration of my Marriage was,
Your Court, (since 'tis a Court of Conscience) shou'd,
By right, my Title to me now make good,
Let my first Pact, whole Plea, be first allow'd;
Consideration of my Bargain give,
Or me from it, (since unperform'd) relieve;
Give my Claim (as a Chancellour) Relief,
Or me relieve (as Bishop) from a Wife,
End my Law-Suit, or my Domestic-Strife;
End but my Law-Suit in your Chancery,
E'er I'm undone there, by your Equity;
Since 'tis a Rule of Chancery, (we find)
Plaintiffs must leave there, half their Gains behind;
As the Bush, shelt'ring from the Storm the Sheep,
Does half their Fleeces, e'er they leave it, keep;
Till that their very Gain becomes their Loss,
And ev'n their Shelter, their Destruction grows.
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