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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A39391 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.; Enchiridion legum. 1673 (1673) Wing E720; ESTC R22664 57,223 150

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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. Lord Dyer's Reports with a new Table fol. printed 1672. price 18 s. 13. Compleat Clerk 4o. price 12s. 14. An abridgement of all the Statutes in force and use from Magna Charta to the year 1670. by Edmond Wingate 8o. price 6s. 15. Fitz-herbert's Natura Brevium Corrected and amended 8o. price 5s. 16. Termes of the Law with Additions 8o. printed in the year 1670. price 4s. 17. Doctor and Student printed in 1673. price 2s. 18. The Compleat Justice in 12o. price 2s. 19. Briddal's view of the Laws of England 8o. price 1s. 20. Littleton's Tenures French and English in 12o. price 2s. 6d. 21. Lord Cook 's Compleat Coppyholder with additions 8o. price 1s. 6d. 22. Abridgement of the statutes that relate to the knowledge and practice of the Common-law in 8o. price 1s. 23. Compleat Attorney 8o. price 3s. 24. Fortescue of the Laws of England 8o. price 3s. 25. Placitae Latinae Redivivae with Additions printed Mich. Term 1673. 4o. price 6s. 26. 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.