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A89678 The lavvyers bane. Or The lawes reformation, and new modell: vvherein the errours and corruptions both of the lawyers and of the law it selfe are manifested and declared. And also, some short and profitable considerations laid down for the redresse of them. Nicholson, Benjamin. 1647 (1647) Wing N1105; Thomason E401_36; ESTC R201804 9,501 15

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which shall bee thought most usefull and convenient for all the Lands in the whole Kingdome only excepted that so they may all be one and the same both in Fee and Tenure which how much it would conduce to the benefit and ease of the whole Kingdome who sees not and only to make it appeare just and reasonable two great Objections are to be answered Object 1. It may be objected that the King the Nobilitie and Gentry would be much prejudiced both in their honours and profits by the taking away of the rents and services due to their Mannors together with divers other casuall profits thereunto appertaining Object 2. By the taking away of intailes it may seem hard and unreasonable that all men should be debarred and secluded from conveying and disposing of their owne Lands upon their owne termes and according as they should think most usefull and convenient for themselves and their posteritie I answer 1. For their rents and their casuall profits as Escheats Forfeitures uncertaine Fines in Copieholds and the like being estimated at a certaine annuall rent by an equall and indifferent computation they may be continued issuing and payable out of the same Lands they were formerly in the nature of rent charges and so the alteration in this particular would be only nominall 2. For their services due to their Mannors as Fealtie suting their Courts and the like I answer first for their King all men that are borne his Subjects owe him Fealtie sweare him Allegiance and as his liege people ought to doe him service upon all lawfull occasions and therefore the reiterating of the same things by the same men in his particular Courts may seem onely a worke of supererrogation and a repetition and re-acting fruitlesse and unnecessary And secondly for the Nobilitie and Gentry their pristine honour and reputation both as relating to the power and command they formerly had over their Tenants holding of their said Mannors as also in reference to the present opinion and estimation of all men is utterly lost and vanished no man in these daies valuing his Lord of whom he holds his Lands his free rents being paid more then another man scarce any thing at all And secondly divers of these Mannors being fallen into the hands of ignoble and mechanick men divers both of the Nobilitie and Gentrie in regard of the tenure of some part of their estates owe Fealty and other services incident to the said Mannors to meane men farre their inferiours both in rank and qualitie and therefore this punctilio of honour is not to be regarded in respect of its confusion and disorder Now to the second Objection concerning the restraining of all men from limiting of their Estates by Intailes I answer 1. As the case now stands they are so easily and usually cut off frustrated and made void by Fines and Recoveries that they are altogether vaine and uselesse except it be to make imployment for Lawyers Atturneyes and others of the same craft and calling And 2 Admit they were altogether unavoidable and inalterable what other use or advantage could be made of them the shewing of mens pride vanity only excepted then the intailing of a destructive inconvenience upon their posterities whose numerous issues and off-springs are by reason of these Intailes for the most part in a forlorne and miserable condition left to beggerie and poverty or according to the proverbe to the wide world utterly unprovided for the eldest only excepted contrary to Reason the Law of Nature and of God himselfe a double portion only being alotted to the first-borne and therefore such a liberty as this is rather to be suppressed and provided against then any wise cherished or indulged unto as a distrusting of the providence of God and a too much confiding in an arme of flesh in a Christian and well-governed Common-wealth And now to proceed the letter and sense of the Law being thus made plain and apparent the next thing to be considered is the execution of them and in this part doubtlesse they cry alowd for the help of a Physitian the present practice of them being so corrupted and polluted that it stinks abominably in the nostrills of God and all good men and therefore it were to be desired that severall Courts of Judicature should be established in every even the least Counties and in those that are larger as Lincolnshire Yorkshire c. two three or more according to their respective greatnesse and extents which said Courts might judge absolutely and soveraignly all arbitrarinesse being by provident and wholsome restrictions and limitations carefully and diligently prevented over all causes and persons crimina laesae Majestatis and of highest treasons which may be referred to the censure of the Parliament onely excepted whereby the shuffling and removing of Suits from one Court to another to the great dammage and oppression of the people by injunctions and the like might be taken away and justice equally speedily administred to all men even at their own doores whereby likewise one sort of Vermine viz. Atturneyes Sollicitors and the like would be made uselesse all men being now by the Lawes plainnesse and simplicity inabled to plead their owne causes some few of the most ignorant being for this present generation onely excepted who might easily procure a friend or neighbour to be their Advocate As for the future the Law being thus made easie by the vulgar to be known and attained unto especially if publike Schools were in every Parish erected for teaching to read and write the English tongue a worke worthy to be ●●ought upon by those that are in authority all men mad men and fooles only excepted would be ●●fficiently able to manage 〈…〉 and further the dishonesty and villa●●ie of those men would hereby be suppressed who vex and oppresse their Neighbours by fained and unjust futes peaceable minded men as the case now stands chusing rather to purchase their owne quietnesse at a litigious knave● hand then to contend in Law with hi● although their cause in its selfe be both just and honest in regard both of the delay of justice proceeding from briberie removing of sutes and many other corruption as also from the remote distance of the place of judicature to the great oppression and ●exation of the best and honestestiso● of people most worthy by all lawfull and good meanes to be protected and provided for and lastly a little to digresse hereby the exorbitant greatnesse of the City of London would be ●●ated and reta●ded which by the co●fluence and resort of people unto it from all part● of the Kingdome upon so many occasions is although the 〈◊〉 City growne so monstrous and disproportionable a great solecisme in estate policie to the rest of the body that it is to bee feared if experience have not already taught us just cause of feare that it will shortly if not prevented through the infinite numbers of tumultuous base and r●scallous people wherewith it now abou●
〈◊〉 produce effects monstrous and destructive to it● selfe and the whole Kingdome but to returne if it be objected that when there were but two resembling those Courts aforesaid in the whole Kingdome 〈◊〉 those of the presidents and Counsels established in Wales and in the North and those to judge only in cause of lesser consequence and yet these two by Parliament suppressed at burthensome to the Common-wealth what then could be expected from so many of the like n●t 〈◊〉 to be set up throughout the whole Kingdome but oppression ●●re then formerly respective to their 〈◊〉 I ●nswer 1. These Courts were put downe for their arbitrarie acting according to their owne wills and discretions not being 〈◊〉 to observe the strict Rules and Precepts of a knowne and certain Law a fault in these new Courts to bee with all 〈◊〉 a ●●sp●●●ion and carefull diligence provided against as aforesaid and secondly the plaine and well knowne rules of the Law to all men now made obvious and apparent would deferre Iudges and all other Ministers of justice from oppression and corruption in regard that if they should never so little step aside or digresse from the paths of equitie they would presently be detected and discovered without reaping any other brevitie although now the case be otherwise to themselves then the losse of other places for ever together with a brand of infamie and disgrace for their said transgressions thirdly and lastly an annuall of trienniall Parliament or of any other certaine distance of time as should be thought most convenient one of whose proper ends and works it would be to examine punish and reforme abuses and all sorts of enormities whatsoever wherewith these Courts should at any time be infected or corrupted would so dant and over awe especially if justice were severely and impartially administred and afflicted upon all offenders without respect of persons even the most daring and impudent Spirits and so all those might bee curbed and bridled how unruly soever by the Lawes strictnesse and severity whom conscience of their wayes and the love of justice would not refraine the next in order to be considered is the Regulation of the fees of all those that are to act or agitate in the administration of the Lawes in any ranck or degree whatsoever now although the present abuse and abominable excesse in this particular cry aloud for Reformation a thing formerly often attempted without successe in regard that the branches although out and ●●ped will spring and put out againe if the roots be still continued yet because all that formerly or hereafter shall be said tendeth only and properly to the ●●king away of the cause of all these corruptions and abuses which once performed all mischeivous effects of this or the like nature will of themselves cease and become voide therefore I shall only adde in relation to this particular that those sees ●hough● needfull to be continued which would neither be great nor many might be both knowne and certaine without all equi●●●●tions or ●●asions so farre as could by any meanes be divised by humane wit or policie and that all offenders either in giving or taking above that proportion which should be by Parliament allowed and established might be for example to all 〈◊〉 most severely punished and further the taker of any bribes above the proportion aforesaid to be deprived of his office and if his offence were great and notorious the said offender to ●●●●●●de incapable of bearing any office in the Common wealth for ever And now let us step a little aside for conscience sake and consider the Chancery which being as first erected to mitigate the vigor and strictnesse of the Common Law hath by experience proved a great burthen and oppression to the people by the multiplicitie of sutes and delay of justice and therefore may now be taken away both as corrupt and ●selesse all Lawes being now in themselves made just and equitable as aforesaid and if it shall be objected that some of them may by the alteration of times or other accidents prove too hard and severe I Answer the said greivances may then be presented to the next Parliament to be considered of and so a remedy may be provided for the future And now at last I am come to the storming of that strong Bulwark whereby these 〈◊〉 Lawyer are in their own opinions impregnable and by t●● strength whereof as though they were altogether i●●ef●c●ble and inconq●●rable they bid def●nce unto all m●n and even with contempt and d●●d ●●e example all their 〈◊〉 and opposers under their feet which inchanted ●●mo● is nothing else but those ruler and that fo●● which they themselves have 〈◊〉 and propounded for 〈◊〉 men that will or desire to practise it the Lawes to observe and walk in which 〈◊〉 ●or● is a lab●●inth 〈…〉 〈◊〉 like ●o f●ll of windings and ●ut●ings that it 〈…〉 and ●ut o● known to any h●● themselves only and th●se ●●●owardly men 〈…〉 ●o●rds the Law of their own profession now the cons●●●atio●● and ●●nfir●●tion of th●● 〈◊〉 y●●●y i● be●au●● 〈…〉 failing 〈◊〉 ●ord ●●iable 〈…〉 in matter of 〈◊〉 〈◊〉 circum●●ance ●●though 〈…〉 and meaning be other●ise never so clear and 〈…〉 a ●ufficient 〈…〉 and 〈…〉 hereby made therefore although 〈◊〉 so euill and co●●●pt so 〈◊〉 and of such ●●solute necessary to be imployed by all men to whom the 〈…〉 that now they may abuse us at their pleasure they may suck our bloud eat our flesh and when they have done even sit them down to gnaw and pick our bones and yet we as remedilesse must kisse the rod and Spaniel-like fawne upon these our cruel task-masters nay further to provoke and insult over us their Clarks forsooth as though their skill and learning were much in the tacticts doe place their writings in order military their words and lines like rancks and files keeping equal space and distances and thus they charge and discharge us of all our monyes and then both they and their masters face about to our enemies and thus we with Issachar Asse-like crouch down between two burthens and by the means aforesaid together with their harsh and conjuring names as infang-theif outfang-theif with others of the same kind their strange and barbarous language and the like they have raised such mists and fogges about all the parties and parcels of the Law that except themselves and their Disciples all others may well say of it with the Poet Capud inter imbula condit and yet with all their machinations and devices they are me-thinks no securer then the Asse in the Fable who disguised with a Lions skin walked proudly and disdainfully to the terror of the people up and down the Countrey untill one wiser then his neighbours perceiving the deceit pulled off the skin and then he appeared in his own proper colours a poore simple ridiculous Asse and a laughing-stock and derisi●● to those that formerly did so much feare and tremble at his presence