THE LAWYERS BANE OR, THE Lawes Reformation, AND NEW MODELL: Wherein 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 downe for the redresse of them.

Luke 11.46.

And he said, Woe unto you also ye Lawyers; for ye lade men with burdens grievous to be borne, and ye your selves touch not the burdens with one of your fingers.

LONDON, Printed for George Whittington, at the blew Anchor in Corne­hill, neer the Royall Exchange. 1647.

Reader,

THat which here is made publike, was intended for the publike good of all men, if it prove accordingly, the Author hath his desire, if otherwise, yet accept of the well-wishes of him, who cordially de­sires to be thine and his Countreys faith­full and profitable friend and servant.

Nicholsone.

THE Lawyers Bane: OR, THE Lawes Reformation, AND NEW MODELL.

FOrasmuch as it concernes all men in generall (the lowest and meanest not excepted,) to know and understand those Lawes and Or­dinances by which their Rights, Priviledges, Interests, and estates are secured, their words and actions regulated and directed, and for the breach & transgression of which said Lawes and Ordinances they shall be punished, even in the highest degree of life and member: and seeing it is altogether unjust and unreasonable to punish any man, for omitting or doing contrary to that which he neither knowes, nor can know, nor understand, therefore it is no lesse just and equitable, then consonant and agreeable to solid and sound reason, that the Lawes Statutes and Constitutions, by which [Page 2] any people or nation under heaven, are to be governed, and to which they are to yeeld obedience, be (as much as possible may be,) short, few and compendious, and withall so easy and plaine to be understood, that if any men should plead igno­rance of them, it could be no other then wilfull & affected, and so all men being left without excuse, those justly might then be adjudged worthy of severe and exemplarie punishment, that should digresse, swerve from their duties, whereof they had or might have had perfect cognusance and knowledge: now for as much as the present Lawes of this nation, are in regard of their multiplicitie, and number, confused and tedious, in them­selves faultie, and in the execution of them extreamly cor­rupted, and the knowledge of them with much labour, paines and studie scarcely to be attained unto; and also in regard of the strange and barbarous language wherein they are for the most part written, hard (and to the common and vulgar sort of People impossible) to be understood, who are both most in number and have most need to know them, so that it were almost as good for them to have no Law at all, as one so blind and difficult, that cannot be understood without great wit and long arguing, to which neither their grosse judgments can attaine, nor their leasure and opportunitie, (who are other­wise necessarily to be imployed in their severall vocations and callings for the maintenance of themselves and families,) can suffice, so that they are to them, and almost unto all other men whatsoever, (Lawyers only excepted) no better then snares and traps, wherein they are usually caught and taken, to their great trouble and vexation, and oftentimes to their utter ruine and undoing, and therefore for the breaking of this net, and the preventing of the like inconveniences for the future, these few observations are here offered to be considered.

1. That the Lawes which are made for the preservation, use and regulation of English men, and of them only, may be writ­ten in the English tongue, and not in Latin, French, or any other language whatsoever, and in a stile so easie, plaine and familiar, that all may know them, and be enabled to understand them, that so they may be able to avoid and escape those rocks, [Page 3] against which so many have formerly been split and broken, and to preserve themselves from falling into those gulphs wherein multitudes have so often been swallowed up and perished, and then if any shall suffer shipwrack, it will be no other, then a just reward of their owne wilfull ignorance.

2. That for the making of the Lawes easie and plaine, as a­foresaid, a competent number of impartiall, indifferent and unbiassed men, learned, wise, discreet, and every way fitly qua­lified for the performance of the work they are to mannage and effect, may be chosen by the consent of the King and Par­liament, being the representative body of the whole King­dome, to consult and take into serious consideration the whole body of the present Lawes, as they now stand confused and in parts, and out of the result, pith and marrow thereof (the temper and genius of the times and people being thorowly studied, and the personall rights, priviledges and immunities of all persons, as well the Kings as others considered and pre­served,) to extract, invent, and find out, new, good, equall, just and necessary Lawes, plaine, easy and free from all dilem­maes and ambiguities, according as they in their wisedome shall think fit and convenient, all the rest of the Lawes, toge­ther with all old names and distinctions as of Common, Civill and Statute Lawes, being repealed and taken away for ever, and if in case hereafter any or more of these Lawes thus made as aforesaid, be found in some part or parts of them ambigu­ous, improper or insufficient (experience being the best mistris) either in respect of themselves or the times, for as the Poet saith, tempora mutantur, et nos mutamur in illis, that then the dificience, ambiguitie or defect of the said Law or Lawes, or any of them, may not be provided for or amended, by being explained, altered supplied, or repealed in that, or those parts only ambiguous, improper, or insufficient as aforesaid, the re­mainder of the said Lawes being still continued in force and vertue, a remedie which in time would prove as ill, if not worse then the disease it self, and in a great part the source and fountain from whence hath flowed the prolixity and confusion of our present, (especially our Statute Lawes, but that the [Page 4] said Law or Lawes defective as aforesaid, may be totally abro­gated and taken away, and for supply thereof, a new or new ones, fit and proper for the malady to which it or they are to be applied, in place therof may be made and enacted, that by this meanes the Lawes may be kept and preserved in their primarie brevitie, plainnesse and integritie.

And in order conducing to the ends aforesaid, viz. the Lawes brevitie and plainnesse, upon which depends the peace and happinesse of the people, these things following are to be considered: first, all diversities of tenures, as of Free-holds and Copie-holds; secondly, all diversities of Fees, as of Fee-Simples, Fee-tailes and the like, with the Sub-Divisions of Soccage Capite, Knight service, &c. as also the Tenures by Fines, certaine and uncertain in Copie-holds, together with all others of the like nature, are for ever to be nullified and abolish­ed, one Tenurie and Fee 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 [Page 5] 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 [Page 6] 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 [Page 7] 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, [Page 8] 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 [Page 9] 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 [...] [Page 10] 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: The Morall and application of which said Fable will then clearly and evidently be seen true when those that are in authority shall se­riously undertake to cleare up and dispel those clouds wherwith these men of the long to be have over cast and darkned both the sence and letter of the Law, and yet more clearly when the Law's reformed, as aforesaid, shall be cut out of those old stinking and polluted ditches, wherein they have for so many yeeres beene forced to run, and captivated by these Lawyers, and turned into new clear and uncorrupted chancels, whereby they may flow purely and pleasantly into all the parts and corners of the King­dome, and they themselves shall be discharged of all places of trust and creda [...], both in Councell and Government, and thus justly in regard that they, like the Bishops foot in the Proverbe, [Page 11] doe spoyle and vitiate every thing they intermiddle with, or have an hand in; these simpletons with their appurtenances, viz. Atturneyes, Sollicit [...], Clarks, and so to the end of the chapter, how Asse-like and ridiculous would they then b [...], in what a pit­tifull c [...] would of John an Oakes be, together with John a Stiles his [...]eve [...] and copartner, unto what [...]ouster de more empore [...] would they transport themselves, with their cap [...]s and tailes (whereof the [...]os [...] [...]rt [...]. English men, could make neither head nor feet) [...] th [...] wi [...] the rest of their pretious [...]fills, which would now [...]o longer be Staple commodities, nor ve [...] ­dable here in England, he that would nor could resolve them, might get the first [...]e that ever Lawyers gave, and do them Knight-service also; [...] my part, except they eyes-drop [...]e, I'le be none of their Counsel, but rather leave it to themselves, who wanting imployment of all other men, would now have the most spare time and leasure to consult and consider of their own occasions; and lastly, to ennumerate the Knaveries and villanies of all inferiour officers, were an endlesse labour, especially of those worthy Knights of their own proper founda­tion surnamed de le post, who because by their perjuries (trem­ble O earth, and be ashamed O heavens) they were serviceable to these Caterpillers, they were by them tolerated and connived at, and therefore we may justly say of them with Juvenal.

Dant ve [...]iam corvi [...], vexant censure columb [...]s.

Now to conclude, since it is confest by all parties that the Law is that which terminates and bounds the rights and inter­ests of all men, as well of the King in his Prerogative, as of the people in their priviledges and immunities, and seeing these are the two Poles, upon which, as one saye [...] very learnedly and judicially, the Sphe [...] of government moves, whose influences, if they keep their equall and just distances, are peace and hap­pinesse; and on the contrary, if they interfere and clash toge­ther, they produce certaine ruine and destruction to the Nation; and further considering that these two have alwayes, it all times been used as stalking-horses on both sides, whereby the Kingdome hath oftentimes been imbroyled in blood and warres, to it's almost [...]eter desolation, whereof this present time, is a wofull testimony and whereunto the Chronicles of all former [Page 13] times do plainly and evidently beare witnesse, they having be [...] the causes and originals of all the civil warres in this Nation, since the Norman-conquest (the contestation between the White rose and the Red not excepted; and therefore it were above all other things cordially to be wished and desired (the reforma­tion of the Lawes, as aforesaid scarcely excepted) that the li­mites and extents of these two (viz. the Kings Prerogative and the peoples priviledges) might be throughly and throughly examined and enquired after, & being once certainly known and found out they might by the consent, and to the good and hap­pinesse of all Parties, be boundered out to all posterities with two Herculean pillars, and a non plus ultra, in golden Capital letters written on them, to the everlasting peace, quietnesse and prosperity both of King and People, so far as humane prudence may extend) in this and all succeeding generations. Thus have I cast my mite into the publike treasury, and drawn a pourtraiture (though rudely and unskilfully) of that, which if done to the life, and set forth in fresh and proper colours shew by a more able and experienced workman, would shew as in it self beautifull and lovely, so would bring to this Nation more benefit, ease and happinesse than it was ever yet partaker of. And therefore, most noble King, grave and renowned Senators both of Parliament and City, and ye the Worthies of the Army) the cleansing of this Augean stable, being a work not unworthy even the Greatest, joyn all your forces here together, do but bring this great work to perfection, and we will all attest under hand and seal, that you have then effected that which all of you joyntly and severally have, to the expence of so much blood and treasure, all this while either desired or pretended, viz. the good and welfare of the Common wealth if any shall object that these are but No­tions and Fancies, fit onely for Platos or an Utopian Com­mon-wealth: I enswer, that it is the greatest grief and ve­xation; next to the mischief it self, that nothing (if really under­taken by those that are in authority) would be found more easie to be effect [...], nothing more profitable when effected, and yet none can be [...]ound to attempt it. And therefore, most gracious Soveraigne, and noble Heroes, to whose valour and magnanimi­ty nothing hath been found too hard or impossible, give but a be­ginning [Page 12] to this great and famous Reformation of all good men, so much longed after and desired, and the God of peace & order will prosper it in your hands, to the endearing and ingratiating of your selves to this, and the eternizing of your names to all fu­ture generations, that so Justice may flow down like a mighty stream, and peace may be within our walls, and plenteousnesse within our palaces.

Which that it may be, is the hearty prayer and desire of him, who is a loyall subject to his Prince, a faithfull servant to the Parliament, a wellwisher to the Army, and a lover of the peace and feedome of his native Country.

Nicholson.
FINIS.

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