called by that name imitated the ancient Druides of this Land but yet gone farther than they who following the Pythagoreans did not commit their Learning to Writing or rather the Lacedemonians who by the institution of Licurgus held all Law not written who as Plutarch reporteth exiguos illos pecuniarios contractus quique propter usum vitae subinde immutantur praestare censebat scriptis legibus non comprehendi neque immobilibus consuetudinibus illigari sed permittendum ut pro ratione temporis augerentur diminuerentúrve secundum probe institutorum hominum arbitrium yet our Law doth not give so much libertie to the Judges But yet not onely Politicians and Moralists but also the Civil lawyers do permit that in a Common-wealth the constitutions of Princes are to be interpreted according to the Judgment of Magistrates and Judges sometimes mitigated and according to incident diversities interpreted which cannot be alwaies committed to writing for it cannot be alwaies the same and this were rather to be wished than to be hoped for in our Laws and I would that he which finds this fault could finde a remedie and prescribe the reformation Controversies and ambiguities are so frequent not onely in this but in all sciences arts and professions that every day new particulars New particulars breed new questions are subjects of new questions especially in the Laws which spring out of the intricate forms of new Conveyances and such like invention of men And so long as man seeth but in aenigmate and per speculum as the Divines say of the Knowledg How uncertain man's knowledg is in Divine things and in other sciences of God and so long as by the rules of the perspectives that which is seen by reflection or refraction is never seen in or according to his true place so long and in such sort we must look for controversies and ambiguities in all professions which are indeed not so much or so sensibly felt in any art as in the Law because none other goeth so near mens Nothing goeth so near to mens thoughts as their loss of estate inward thoughts and conceipts as such doe whereon their estates and possessions are adventured therefore losers may have leave to speak but not untruth CHAP. V. Of the Books written of the Laws of England whereby the Knowledge thereof is chiefly obtained THE chief Knowledg by study Three sorts of writers of our Law of our Law doth consist in the Works of them which have written of the Law and they are of 3 sorts 1. The first whereof setteth down the Art and Rules of the same in a certain method such as is Glanvill Bracton and Britton who are ancient Authors wrote in Latine and did indeavour to reduce those Rules according to the titles of the Civil-lawes but most especially Bracton though these are ancient Authors yet they are now cited rather for ornament than for authoritie 2. Others have written of the Writers of the Nature and Precedents of Writs Precedents Rules and Natures of Writs which do lay the ground of every Action to procure judgment and execution thereon as the books of Entries with the Register and the two books grounded thereupon In this Fitz-herbert hath deserved specially well 3. A third sort of Writers of our Reporters of former Judged Cases Law there are which be those who write the particular and summary Cases that have received Determination and Sentence in the King 's jucicial Courts shewing how the Rules of Law were applied to those Cases or rather how these Cases were reduced to the Rules of Law both by the Counsellors that argued the same on both sides with probable Reasons confirming their opinions with authorities of former Judgments and also the Judges concluding their Sentences upon the same by the common square of Reason and Rules they have learned of the foregoing learned Judges Of this It is not known who compiled the first Annales and ancient year-Year-books latter sort of Writers called Reporters who they were that compiled the first and most antient Books of Reports is not certain for we have not their Names but since the time of King Edward the third there are some Works and Reports written of every King's Raign for before his time we have not any Volume at large now left and if any such were they are consumed through the injury Divers antient year-Year-books wanting of times or neglect or malice of such in whose custody they remained yet it should seem that in the raign of King Henry the 8. there were some more ancient Books or Reports of the Law Cases extant reported in the times of King Henry the 3. and Edward the first and Edw. the second for that Fitz-herbert Some Cases abridged of the Books now not extant who did reduce all the Cases of the Reports that were extant in his time under certain general Heads and Brook likewise who a little after him did set forth another Abridgement of the Law and Cases extant in his time adding more general Heads than Fitz-herbert had done yet both of them under divers of their titles abridge the pith of sundry Cases argued and most of them adjudged in those Kings raigns Howbeit the Volumes at large are not †We have now E. 2. and R. 2. What year-Year-books are yet extant now extant But of the Cases which were adjudged in the time of King Edw. the third there are four Volumes now extant Of King Richard the second his time there are not any Volumes but many Cases abridged as aforesaid Of the times of King Henry Long quinto the fourth and King Henry the fifth there is no Volume Of King Henry the sixt there are two great Volumes Of King Edw. the fourth one Volume One Volume of King Henry the seventh in the later end of whose raign the Reports do discontinue until the twelfth year of King Henry the eight And then they were recontinued untill the nineteenth of Henry the eight from thence again discontinued till the twenty sixt of Henry the eight at which time they were held on for two years that is twenty sixt and twenty seventh of Henry the eight which are the last Reports which we have save such as since have been revived by three or four worthy men whose private and voluntary diligence have for the publick good continued sundry Reports such as Mr. Kellaway who reported privately certain Cases in King Henry the seventh his time This Book and labour is now come to light by Mr. Justice Crooke his Care and Charge Also Mr. Brooke who did report diverse memorable Cases which happened when he was making of his Abridgment in the time of King Henry the eighth King Edward the sixth and Queene Mary reported them under apt titles in his Abridgement Then my Lord Dyer who when Of the late Reports of judged Cases he was a Student a Practicioner and a Judge observed many famous Cases which were published
Enchiridion Legum A DISCOURSE CONCERNING The Beginnings Nature Difference Progress and Use OF LAWS in GENERAL And in Particular OF THE Common Municipal LAWS of ENGLAND LONDON Printed by Elizabeth Flesher Iohn Streater and Henry Twyford Assigns of Richard Atkins Edw. Atkins Esquires And are to be sold by G. S. H. T. J. P. W. P. J. B. T. B. R. P. C. W. T. D. W. J. C. H. J. L. J. A. J. W. J. P. M DC LXX III. THE HEADS Of the several CHAPTERS Conteined in this TREATISE CHAP. I. THE Definition Etymologie Division Perfection and Imperfection of Laws What is required to the making of them and of their necessity pag. 1. CHAP. II. The differences betwixt the Là ws of Nature of Nations the Civil and Municipal Laws pag. 16. CHAP. III. Of the grounds of the Laws of England and how they do differ from other Laws pag. 31. CHAP. IV. An answer to certain Objections usually made against the Laws of England pag. 57. CHAP. V. Of the Books written of the Laws of England whereby the Knowledge thereof is Chiefly obtained pag. 83. CHAP. VI. Of Estates allowed by the Law of England pag. 89. CHAP. VII Of Assurances Conveyances which grow out of these Estates by the Common-law pag. 95. CHAP. VIII Of Actions and of their Trials according to the Common-laws of England pag. 103. CHAP. IX Of Trials allowed by the Laws of England pag. 106. CHAP. X. Of some things in the Ministers and proceedings of our Laws conceived worthy to be reformed pag. 111. Enchiridion Legum CHAP. 1. The definition etymologie division perfection and imperfection of Laws What is required to the making of them and of their necessity MEaning to treat first of Laws in general and next of the Common or Municipal Laws of this Kingdom I conceive it cannot be unprofitable for an Introduction unto this intendment to set down the definition of a Law whereof Justinian hath delivered three derived out of Demosthenes Chrysippus and Papinian One is that a Law is said to be that whereunto men ought to yield obedience as in other respects so especially in this because it is an invention of the Gods a decree of Wise men a correction of offences committed either wittingly or ignorantly a Covenant of the whole Commonwealth with one accord after the direction whereof every Citizen ought to order his life The other is that the Law is said to be a Soveraign of all things both Divine and Humane That is a Commander a Guide and a Square both of good and bad enjoyning that which is fit and forbidding the contrary The one of these is rather a description than a definition and it describeth rather the Natural than the Positive Law And the other is fitting rather to an Orator than a Lawyer We may therefore let them pass and proceed to the third which setteth down the Law to be a general determination of Wise men a Comptroller of Faults either escaped through ignorance or committed upon wilfulness And it is a general agreement of the Commonwealth Jason observeth that the Law is a general Commandment in three respects either because it is founded upon a general Authority or because it belongeth to and bindeth all or else because it is intended general for the profit of all Cicero defineth the Law to be a certain reason flowing from the Divine mind which doth perswade that which is right and prohibit the contrary And Plato saith that the Law obtaineth a name like to the name of the mind But whilst the Law is defined by the Divine mind it seemeth as one saith to be defined by that which is more remote and general than subject to common capacities Yet are these definitions in some sort true being rather referred to the eternal Law than to the positive and humane Laws as shall be shortly shewed in his place In the mean time for that these as the former are as was said before rather descriptions than perfect definitions to come more near to the purpose It may be said that humane Law is an Order and Ordinance including the Rule and Reason of Governing and giving to every man that which is his due directing to the end of publique good determining punishment to the Transgressors and reward to the Obedient Therefore to conclude humane Laws are nothing else but the ordinances and agreement of Wise men concluded by publick Authority for the peace and profit of the greater part of the people living together in society It is said for the greater part because no humane positive Law is so generally good unto all but that it is hurtful unto some by accident if not of it self If any do desire to know from The derivation of the word Lex which we call Law whence this word Lex which in English we call Law is derived Some will say with Isidorus that it hath his etymologie à legendo because after the Law was written it was wont to be read unto the people But this is not so certain in that the reading of the Law by way of promulgation was but accidentary and no essential part of the Law although some have endeavoured to prove that a Law could not be perfectly established until it were promulgated by way of Proclamation Others will derive the word Lex à ligando for as much as Divines hold that men are tyed in foro conscientiae to the observation of the Laws as well as they are bound under penalty to observe the same Yet Cicero concurreth with the first derivation but with a farther-fetch'd reason than the former quod Lex idem sit quod legendi hoc est eligendi regula the reason is nam regula dirigendo docet eligere It may yet well enough agree unto both for one saith Habet Lex quod sit Regula quod sit obligatoria praeceptio How soever these derivations of the word Lex do stand false or true it makes not much matter so we leave them as more Grammatical and Conjectural than certain and infallible The word Lex which in English we A double signification of this word Law call Law hath in our language a double signification or is taken two ways for it is taken both for that which the Latines term Lex and for that which they call Juris prudentia the one being the Art of the other For Lex is the rule and measure of things to be done and to be left undone but Juris prudentia is the knowledge and method of that rule as Justice is the Execution of them both which hath his force in giving to every man that which is his in praemio paena debito So then in the first sence the word Law is properly applyed but in the second it is somewhat largely extended yet use and common opinion hath so accepted it This Law hath for his subject and object the Rule of all Divine and Humane things except God himself who is the great Rule-giver and Law-maker and he
are called the Common Laws of the Kingdom because all the Subjects of this Kingdom must live under them and may challenge them as their Birth-right for the defence of their Estate Right and Liberty In which sence also the general Laws of any Kingdom or Commonwealth may be called their Common Law Howsoever it may be a question how at the first the name of our Common Law came or how the same may differ from the Statute Laws or from any other Law allowed within this Kingdom Yet it is certain that the The municipal Laws of England is the most proper Title of our Laws Term and title of the municipal Laws of this land is both proper to our Laws and doth include all our Laws as well the Statute as Common Law First it is proper in that our Laws of this land are peculiar to this Kingdom and the territories thereof and thereto adjacent being not elsewhere in use or allowed Now for the Municipal Laws of this Kingdom under which title the special and particular kindes of our Laws of England may The division of our Laws of England into several parts and grounds be most aptlie comprehended sundry persons have made several Divisions thereof Some have divided them into Customes which is like to the Civilians Jus privatum and into Statute Law others into Common Law Customes and Statute Law This last Division consisting of three Another division of the grounds and parts of the Laws of England parts Seingerman in his fundamental partition of our Laws doubleth by adding thereto another foundation and division of our Laws which is the Law of God the Law of Reason and certain principles or maximes which with the three former he maketh as several grounds of our Laws of England They which stand to the first bipartite division of our Laws setting them to stand only as it were upon two leggs do conjoyn Custom with our Common Law for they say what is any Custom allowed by the Laws of the land but the Common Law of the land since that the Judges to whom delegation is made for the Whether Customs allowed for lawful be ground or made parts of our Law determination of civil Causes do admit those Customs to be pleaded before them and do give judgment for the same yet the difference between them will be first that these Customs do not equally extend throughout the Realm and therefore if they be incorporated into our Laws they are but private and not our Common Laws Secondly the Judges do ex officio take notice of the one but not without a special pleading of the other So it may well be said in some sort that Customes allowed for Laws or for lawful may be made some part of our Laws but yet I can hardly allow them the honour to be made grounds of our Laws unless they be first reduced to certainties and so be made as it were maximes So are general received opinions by Custom continuance and approbation of authority and Judgment made Common Laws whereto some add this rule Communis error facit Legem As for the other addition of St. Germans St. Germans division of the grounds of our Laws not allowed sextuple division of our Laws of England although he hath therein shewed some learning yet without offence be it spoken he hath mustered together divers things different in name but the same in nature For what is the Law of reason other than the Law of God if it be rightly understood because what proceedeth from reason not darkned with the clouds of error but such things as were charactered in the soul by him which first framed it according to his likeness And saith Seneca quid est ratio he answereth himself naturae imitatio Therefore that our Laws of England are composed and wholly framed on the Laws of God is more than may be said of them or of any other humane positive laws but that they do depend on them and not mainly differ from them may be well and truly justified Now for as much as there hath bene mention made of three principal parts of our municipal Laws let us a little take some particular and several view of them what they are they are said to be the Common Law the Statute The particular parts of our Law examined Law and Customs allowed for law The first which is the Common Law of this land consisteth partly of the collection of such laws as were allowed by King William the Conquerour What Laws King William the Conqueror allowed in England who neither wholly introduced his Norman Laws nor altogether allowed of the former but out of the best parts of either took that which was fittest for the time and present government The former laws which he allowed of were such of the Saxons and Danish laws as he found fittest for the time And first of the Saxons who came into this Kingdom about Anno 449. whose King Ethelbert of Kent did constitute as Beda saith decreta judiciorum Some part of the Saxon and Danish Laws allowed by the Conqueror cum consilio sapientum quae conscripta saith he Anglorum sermone hactenus habentur observantur The succeeding Saxon Kings did in their Wintenagemotes or conventus sapientum which were in the nature of Parliaments make diverse constitutions cum consilio sapientum senatorum cum Episcopis as that Learned and industrious gentleman Mr. Lambert affirmeth who compiled some of them into one book as the Laws of Inas Alfred Athelstan Atheldred Canutus Edgar Edward the Confessor and others out of which the Conqueror took such as he thought convenient whereof some are enumerated by the forenamed Mr. Lambert and by Hoveden Also Gervasius Tilburiensis he The Conquerors allowance of the former Laws saith of the Conqueror decrevit subjectum sibi populum viri scripto legibusque subjicere propositis igitur Legibus Anglicanis secundum tripartitam earum distinctionem hoc est Merchenleg Daneleg West Saxenleg quasdam reprobavit quasdam autem approbans c. The first part of the Common Law of England So then we see that King William the Conqueror took some of the ancient Laws of this land which is the first part of our Common Law of England The residue which came for a supply unto the same sprang out of the judgments given since in particular cases upon arguments made before and by the learned Judges of this Land The second part of the Municipal The statute law differing from the Common Law yet a part of our Municipal Laws Laws of this land though not properly called but differing from the Common Law as the Pretorian Law amongst the Romans did differ from their Civil Law is the statute Law of this Realm made by the King as head with the Nobles and Commons as members of this body politique This Law was invented to give speedy remedy and redress unto such suddain matters as were mischievous in the
since his death A little after him began Mr. Ploden who reported the speciall Cases which hapned from the second of King Edw. the sixt until the fifteenth of Queen Elizabeth they are but few Cases yet more fully reported than any before him Then the voluntary Reporter is the late Lord Coke who hath set forth thirteen Volumes of Reports Since that we have had Hobart Bulstrod Hutton and divers others especially Justice Croke who continues his Reports till the middle of the reign of King Charles the first There are besides these Reporters Writers of Rules and the application of them to Cases some other Writers of the Common Law whose Works are mixt partly of Rules and partly of Application of them to certain Cases of their own knowledg and collection such is the Book called The old Tenures and another commonly called Littleton's Tenures This Book serveth for an Introduction to the young Students in the Common-law of England as Justinian's Institutions doth for the beginners in the Civill-law Mr. Perkins did likewise draw certain Rules and Cases of some Titles of the Common law into a method but not of equall or like authoritie with Littleton's It is alledged by Ploden in his Epistle that in antient time as he had upon credit heard there were four Reporters of our Cases Reporters of the Law in former times authorized 2nd allowed by the King of Law which were chief men and had a yearly Stipend for their travell therein paid by the Kings of this Realm and they conferred together at the making and setting forth of the Reports It were to be wished that there were the like course still continued and allowance given So should we not have been bereaved of so many worthy and unrecoverable Cases and Judgments which are wanting and no doubt either perished or buried in silence by which means the Students are deprived of the Lights and Helps which they might have thereby CHAP. VI. Of Estates allowed by the Law of England HAving said somewhat of the Grounds of our Common-law of England it should seem proper in the next place to shew the Estates which the Common-law doth allow And that briefly for neither my Judgment in the Laws nor this place will fitly allow such aperfect and exact Discourse as may pass without exception of the Learned in our Laws or fully satisfie such as are well experienced in the same Onely that which shall be said is rather set down as a general view to consider the state and course of our Laws than as a platform and precise instruction thereof The Estates most absolute which Fee-simple of two sorts the law doth allow are either Fee-simple absolute of Land to a man and to his heirs and assignes for ever Estate of Fee-simple conditional now made an Estate in Fee-taile or Fee-simple conditional that is to him and the heires of his body general or special as it was at the Common-law which is accompted Fee-taile to his Heirs males or females according to the particular limitation This Estate of Fee-simple absolute How times have altered the state of Fee-simple and general is as ancient as our Common-law and perchance before the use of our Common-laws as they are now in ure for from the beginning there was giving and granting of Lands though not altogether in that exact and express form which later times have required because at the first if one man had given Lands to another for ever this had been held a sufficient grant to him and to his heires But now the law hath so expounded and distinguished that if the word Heirs be not in the grant it is no Fee-simple but an estate for life The estate in Fee-simple donditional was likewise for the general practice thereof introduced upon later considerations of which at the first there was no recovery left in the Giver nor remainder could be limited over but after issue had which was the condition annexed the Donee or he to whom the Gift was made had power to aliene the whole Land and Estate But afterwards this Estate in Fee-simple conditional was in the thirteenth year of King Edw. the first by a Statute made an Estate in tayle in the Donee and a Reversion in the Donor or giver And then the Donee might not by any Act barr his issues neither by forfeiture of offence as Treason nor by conveiance though never so strong as Fine c. Thus we see how the greatest and most beneficial Estate of Fee-simple which the Common-law doth admit hath received his degrees his limitation and alteration according as time increase of knowledg in the Laws and of Conveyances and Assurances amongst men have thought it meet the like alterations we may finde in other Estates of least extent and benefit in the Laws Where mention was first made of the state of Fee-simple to be very antient though not always in one expresse form It is true with a several respect of times in antiquitie For among the Saxons Fee-simple was Fee-simple in use in the Saxons time and that by the name of Land to a man and his heires as it appeareth in the Saxon Laws of Alfred where it is said qui terram habuerit per scripturae seriem the Saxon word is boclande sibi relictam ab haeredibus ad alios alienandi potestas ei non esto siquidem praesentibus cognatis coram rege aut episcopo scriptura aut testimonio potentum omni alienatione interdixisse illum qui prius concessit talemque ei imposuisse legem cum primo dederit out of which may be noted both the Fee-simple absolute and conditional were then allowed and in use And also Fee-simple conditional also known in the Saxons time a man may see that in antient time how a gift to a man and his heires and a gift to a man for ever were all one For when Erle Godwine came to the Bishop of Canterbury to get the mannor of Boseham in Sussex he first jestingly said to him as Mr. Camden saith out of Mapaeus Da mihi Boseham The Bishop as it should seem scarcely knowing his meaning answered him Do tibi Boseham whereupon without any more livery the Erle took and had possession thereof to him and to his heirs by which also we may see two things that the word heirs was not then of absolute necessitie in a grant to create a Fee-simple and that then such strict words and forms of Conveyances were not required as of later times to passe Estates of Lands There are other Estates of inferior degree and dignity allowed by the Common-law whereof some are accompted Inheritances and Freehold Others but uncertain and not for a prefixed season or term Of the first sort is an Estate for life Estates for life two-fold and that two-fold either created by the party as by Lease c. or else created by the Law as Tenant by the Curtefie of England by having issue of a wife Inheritrix or
there that bringeth a Ticket under the hands of the Councellors and Officers to whom the same is paid This is an abuse worthy to be reformed and this Statute very necessary to be executed In the 33 year of King Henry the 6. a Law was made that there should be but six common Attornies in Norffolk six in Suffolk and two in Norwich If then the Country were pestered with Attornies and that a Law must be made to ascertain the A Law already made necessary to be executed for the admission of Attornies number which likewise should be elected and admitted by the two chief Justices how much more needfull is it now to have the like Law of restraint for all the Counties of this Kingdom when we see how even in those Shires then thus provided for there are far greater numbers of Attornies and such for the most part as they are specially noted by them who know these Countries to be full of cunning and many of them nourishers of contention and contenders themselves with their neighbours These being commonly the Conduits that convey Suits and Gain to covetous and unconscionable men desiring Law with the losse and impoverishment of many there is therefore great need that their numbers should be lessened and their dispositions who shall be allowed to practise well known to be good and honest A third sort there are of the ministers of our Law which do offer oppression and wrong unto the subjects of this Kingdom in their Suits And they are the Officers of the Courts of Records and their Clerks Abuse of Officers and their Clerks in the Courts of Record whereof many do exact unreasonable and unlimited Fees not or very seldome vouchsafing to set down in a note under their hands what their Fees are but demanding so much or else nothing must be done or if it be first done they will often detain it untill their own demands be satisfied So the Subject must give whatsoever No certainty of Fees in most Courts it pleaseth them to ask Wherein it hath been the hearty desire of such as wish well unto their Country without any private respect unto themselves that there might be a certainty of Fees set down for every Court and the same to remain in written Tables in open Court subject to every mans view whereby the Subjects who have Suits in Law may not have so great cause of loss and of complaint as now they have Of the same nature and indeed a part of this exaction is the excessive Excessive Rates for the writing of Copies Rates taken for writing the Copies of all Bills and Answers Replications and Rejoinders and of all other Records within the Court of Westminster and the Offices belonging to the same First for the foule and Wastfull Writing of purpose wastfull Writing next for the few numbers of Lines in every Sheet and for the smallness of the Paper wherein they write they alwayes demanding so much for the sheet how few soever of lines letters or syllables there be in the same and allwayes they strive to write the least they can with great letters full of large dashes to make the more distance and very spacious lines for their more Gain and the greater Charge of them who are forced to take out these Copies whereby they raise great summes of mony out of the Subjects purses keep good houses purchase much living enrich themselves and impoverish many Sutors at Law If that some reasonable stint of this Writing and the certainty of Fees withall might be set down and observed it would without doubt yield great contentment prosit and ease unto the people of this Land who for the most part feel and some sink under this burden Besides these before mentioned Abuses in the Ministers and Officers of our Law there are some other declinations and with-drawings from the right Proceeding of Law by such as seek to pervert the same As The Judges select certain Lawyers whom they hear most willingly and often first in every Court of Record in Westminster the Judges have certain selected men on whom they are pleased to bestow their favours in yielding them ready hearing before others which being perceived they are the more resorted to and must have the more Fees This increaseth the charge of the subjects and yet many times disappointeth them of their expectation And although it be not unreasonable that the Judge should extend his favour more unto some than unto the rest by hearing them before others yet considering the inconveniency of this favour it were far better forborn and to be some way else shewed unto them that deserve it There is also some Rules of the Courts uncertain and unknown to the Judges defect in the Courts concerning the Rules of the Courts that sometimes the Judges themselves are ignorant of the Rules of their Courts touching the times of Answer Reply Rejoynder Imparlance with the like circumstances whereby they are forced to ask the opinions of the antientest and best experienced Attornies and Officers of the Court touching those Rules where it were much better that time were taken by the Judges to examine these Rules wherein perchance somewhat might be amended for the more speedy execution of Justice and the same set down in writing might be more certain and subject to all mens knowledge with lesse hindrance to Suitors and to their Causes There are also some Courts in Westminster where the Judges as for example the Barons of the Exchequer do alter upon new motions out of Court as in the Chequer Chamber or in other places the Orders Alteration of Orders out of the Court. made in Court And that which was publickly ordered by all the Barons in open Court is often reversed by one of the Barons when either the plaintiff or defendant bringeth his Counsel and upon some new information getteth the former Order to be dissolved which tendeth much to the Trouble Charge and Delay of many Suitors In the Kings Bench and somewhere else as it is said writing out of Record must be twice or thrice unnecessarily copied as upon a Prohibition Unnecessary Copies to be taken out a copie of the Suggestion then after Declaration a new Copy after issue or Demurrer a third Copy whereas each of them sometimes cost three four or five pounds and yet with a little alteration it is thought that one might serve for all The incertainty and intricate ambiguity Incertainty and intricacy of Pleadings of Pleadings in the Courts of Records bring much dammage and danger unto the Subjects of this Kingdom wherein many men wishing well unto our Laws have exceedingly desired That either some certain Formes of these Pleadings if it were possible to be performed might be drawn by expert men and the same considered and corrected by the Judges might stand for good and those Forms to be allowed as in Rome at the first the Forms of Actions were given to the Actors of the Law by the Pretors Or if this may not be performed Advantages of pleadings not to be so penal yet that some other Course were taken upon the advantage of a Pleading mistaken than is in the Case betwixt the King and his Subject If also in Actions personal a shorter A shorter course to be taken in Actions personal and more certain Course were taken than is by our Common-law whereof somewhat hath been spoken before as that which the Civil Law alloweth or some other such like for speedy and direct Trial without evasion or circumvention it would yield no small profit unto the People that are forced to prosecute these Suits FINIS A Catalogue of some Law Books printed for and sold by several Booksellers in Fleetstreet and Holborn 1. Rastell's Entries fol. price 3li. 2. Pulton's Statutes continued to the year 1670. price 50s. 3. Cook 's Commentary on Littleton price 18s. 4. Dalton's Office of Sheriffs with very large Additions printed in the year 1670. fol. 12s. 5. Townsend's Tables to most of the printed precedents Writs and Returns at Commom Law fol. 12s. 6. The Law of Common Assurances touching Deeds in General viz. Feoffments Gifts Grants Leases with two Alphabetical Tables by W. Sheppard Esq fol. price 14s. 7. The Country Justice containing the practice of the Justices of the Peace as well in as out of Sessions and with Additions by Michael Dalton in fol. price 8s. 8. A Collection of all the Acts and Statutes made in the Raigns of King Charles the first and King Charles the second fol. price 14s. 9. Lord Cook 's eleven books of Reports in French fol. printed 1672. price 3li. 10. Lord Cook 's Book of Entries fol. price 3li. 11. Lord Hobart's Reports with Additions in fol. price 10s. 12. 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The Transactions of the High Court of Chancery both by practice and precedent with the Fees thereunto belonging in 8o. by Will. Tothill Esq late one of the six Clerks printed 1673. price 1s. 6d.