case the king against if a counsellor at law encourage a man to bring false  action through malice and for the purpose of oppression he may be indict as a  common barrator   light roll Abr cro James side Mod Mod Mod fitzg ld ray ld  ray Peer wms I hawk p c Bac Abr Bac Abr the defendant be indict for barratry  the evidence against he be that one g be arrest at the suit of c in a action  of four thousand pound and be bring before a judge to give bail to the action  and that the defendant who be a barristeratlaw be then present and do solicit  this suit when in truth at the same time c be indebt to g in two hundred pound  and that he do not owe the say c one farthing the chief justice be first of  opinion that this may be maintenance but that it be not barratry unless it  appear that the defendant do know that c have no cause of action after it be  bring if a man shall be arrest for a trifle cause or for no cause this be no  barratry though it be a sign of a very ill Christian it be against the express  word of God modern but a man may arrest another think that he have a just  cause so to do when in truth he have none for he may be mistake especial where  there have be great deal between the party but if the design be not to recover  his own right but only to ruin and oppress his neighbour that be barratry a  man may lie out money in behalf of another in suit at law to recover a just  right and this may be do in respect of the poverty of the party see Pearson v  Hugh Freem a but if he lend money to promote and stir up suit then he be a  barrator now it modern er p appear upon the evidence that the defendant do  entertain c in his house and bring several action in his name where nothing be  due he be therefore guilty of that rhyme by Edward c common call the statute  of Westminster the first if any sergeant pleader or other do any manner of  deceit or collusion in the king court or consent unto it in deceit of the  court or to beguile the court or the party and be thereof attaint he shall be  imprison for a year and a day and from thenceforth shall not be hear to plead  in that court for any man see dyer pl Inst b but if a action be first bring  and then prosecute by another he be no barrator though there be no cause of  action the defendant be find guilty easter term the second of James the second  in the king bench sir Edward Herbert Knt chief justice sir Francis Wythens Knt  sir Richard Holloway Knt sir Robert wright Knt justice sir Robert sawyer Knt  attorneygeneral Heneage finch Esq solicitor general