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A61922 Regestum practicale, or, The practical register consisting of rules, orders, and observations concerning the common-laws, and the practice thereof : but more particularly applicable to the proceedings in the upper-bench, as well in matters criminal as civil ... / by William Style. Style, William, 1603-1679. 1657 (1657) Wing S6102; ESTC R33821 216,034 394

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Regestum Practicale Or the Practical REGISTER Consisting of RULES ORDERS AND OBSERVATIONS Concerning the COMMON-LAWS and the Practice thereof But more particularly applicable to the Proceedings in the UPPER-BENCH As well in matters Criminal as Civil Taken for the most part during the time that the late Lord Chief Justice ROLLE Did sit and give the Rule there By WILLIAM STYLE of the Inner-Temple Esq Alphabetically digested under several Titles With a TABLE directing to the ready finding out of these Titles Semper ego Auditor tantum Nunquam ne reponam Juvenal 1. Sat. London Printed by A. M. for Charles Adams at the Talbot neer Saint Dunstans Church in Fleet-Street 1657. To the Honorable JOHN PARKER One of the Barons of his Highness the Lord PROTECTORS Court of Exchequer William Style wisheth the confluence of all Temporal Prosperity here and Eternal Felicity hereafter SIR VErbum Sapienti sat est is a saying as equally True as Ancient and therefore I need not here use many neither will I especially at this time wherein your Serious thoughts are I presume more then usually busied in matters of High and Publike concernment and ought not to be interrupted with Private and matters of slight moment In breif therefore I humbly present to your View and favourable acceptance this small Collection of some Remarkable things chiefly concerning the general Practice of the Common Laws but more particularly relating to the manner of proceeding used in the Court of the Upper-Bench observed and taken by mine own hand during my constant attendance at that Bar for some years last past I was the willinger to give way to this publication that I might make it more visibly appear that I am not ashamed of my profession but dare do something in order thereunto in this very Age wherein our Laws are so much undervalued and traduced by many the practicers thereof so much slighted and the very practice it self is sunk to so low an ebb And I am humbly bold to fix your name in the Front of it that I may in some measure revive the drooping spirits of many cast down with the sad consideration of the uncertain event of things by letting them see that there is not so great cause of doubts and fears as they timorously phancy since we are not yet destitute of grave Sages and Fathers of our Laws men of Wisdome and courage that are not onely themselves ready to appear in their just defence and maintenance but also to cherish give encouragement to the honest though weak endeavours of the meanest professors thereof Sir in having the happiness to be by birth your Countryman and almost of the same neighborhood I am thereby the better known to you and I receive no small content therein but more especially when I consider how much your Country and profession is honored in you and that you possess so high a place of Dignity in that very Court where a neer Ancestor of mine with modesty be it spoken did for many years sit and dyed a Baron These things with my recollected thoughts of those many Civilities I have formerly received from you do induce me to hope you will gently pass by the many defects you may perchance herein meet withal and which may justly render the Worke unworthy of your approbation or protection and with such favor to entertain it that I may be thereby hereafter emboldened to present you with some other of my labors that may prove more worthy of you and may more fully answer the expectation and desires of many Inner Temple Oct. the 20. 1656. THE PREFACE TO THE READERS To whom it doth or may any wayes concern MAny and frequent have been the clamors of some infatuated Spirits of this distempered Age who like the Divel that Arch enemy to all good Government and Order labor to bring all things into confusion yea if possible into the Original Chaos against the Common Laws of this Nation and the practice thereof I must confess their pretences though they are as false as malicious do yet seem specious and fair in appearance and are too apt to take with the vulgar and ignorant and no wonder for they Athenian-like pleased with novelties and constant to nothing but inconstancy are ever thirsting after change and alteration though to the worse as children long to vary their Sports and shift their Toyes and Baubles It is true that all Creatures man onely excepted do observe the Rules of Nature prescribed unto them in a constant and setled way but he by his fall did loose that perfection and hath thereby not onely subjected the Creature but himself to vanity and vexation of Spirit this is not onely true of man in his puris naturalibus but even of those whose Souls are hightened above the common pitch by civil education and good literature yea even of Gods dear children who have those extraordinary Characters of his strength and goodness fixed upon them and see things with a clearer light then meer Nature improved to the utmost can afford So truely may that Ancient and common saying be applyed to all Mens humana novitatis avida That therefore many things are oftentimes disliked and inveighed against even by well-meaning and otherwise discreete men is no found conclusion that they are naught and fit either to be abolished or reformed but that mens minds are unsettled and restless and not long to be satisfied with any thing be it in it self never so excellent and desirable This truth is abundantly manifested by Solomon the wifest and greatest of men of his Age if not of any since in his book called the Preacher ● 1. and 2. These things considered though in my Judgement who have for this six and thirty years last past and upwards been a Student of the Common Laws and for a great part of that time carefully observed the general practice thereof yea I believe also of many more far more ancient in time and of far deeper judgments and more eminent in parts then my self there is not to be found either in the Laws themselves or in the practice thereof any such considerable inconveniences or of such dangerous consequence as hath been and yet is by some pretended I do not think it strange to have heard so loud cryes and calumnies of late falsly voiced and printed against them Endeavors and expedients have been prudently studyed and warily put in practice by the Grave and Learned Judges and Sages of this Nation to give satisfaction unto and to prevent greater mischiefs if possible which might arise from the unsetledness of this Nulli-legian brood by ordering and regulating as much as might be without impairing the excellencies of the Laws themselves and the due and ready administration of equal Justice those things against which they conceived there was or could be any colour or shadow of exception but how these men have been satisfied therewith or whether the people have received hereby that general benefit as was supposed I