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<DATE>10-18-14</DATE>
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<NAME>John Latta</NAME>
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<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>A PERSPICUOUS COMPENDIUM OF SEVERAL Irregularities and Abu&s;es IN <HI>The Pre&s;ent Practice</HI> OF THE Common Laws OF ENGLAND.</P>
<P>WITH Several <HI>Queries</HI> and <HI>Propo&s;als</HI> thereupon for Regulation of <HI>Laws,</HI> without the help of the Legi|&s;lative Power, or new Law made.</P>
<P><HI>By</HI> D.W. <HI>of the Middle. Temple, Barri&s;ter.</HI></P>
<P><HI>LONDON,</HI> Printed by <HI>T. Lock</HI> for <HI>Hen. Fle&s;her,</HI> and are to be &s;old at his Shop at the &s;igne of the thrre Cups in <HI>Pauls Church|yard,</HI> 1656.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<PB REF="2">
<HEAD>TO THE RIGHT HONORABLE Collonel <HI>William Sydenham,</HI> Captain Governor of the I&s;le of <HI>Wight,</HI> one of the Lords Commi&s;&s;ioners of his Highne&s;s Trea&s;ury, and one of his Highne&s;s mo&s;t Honorable Privy Coun&s;el, and an Honorable Member of the pre&s;ent Parliament.</HEAD>
<OPENER><SALUTE>Right Honorable,</SALUTE></OPENER>
<P>_THe &s;erious con&s;iderati|on of that old Rule in <HI>Cicero, Non nobis nati &s;umus, &s;ed partim pro patria, partim pro A|micis,</HI> prompts my de|fires to publike good, and &s;ummons me un|der your honourable <HI>Protection</HI> to expo&s;e to View this &s;mall <HI>Epi|tome or per&s;picuous Compendium of Irregularities</HI> in the pre&s;ent practice of the <HI>Laws</HI> of <HI>England,</HI> which are rudely and briefly propounded as an <HI>E&s;&s;ay</HI> to which men of greater Abilities and Experience, may facilely adde that which may make the Laws of England,
<NOTE PLACE="marg">What the Law is.</NOTE> under which (notwith&s;tanding the Abu&s;es interlo|ped) this Nation hath flouri&s;hed in peace and hap|pine&s;s
<PB REF="3">&s;o many ages, the mo&s;t honorable and happy <HI>Nation</HI> under <HI>Heaven.</HI>
<NOTE PLACE="marg"><HI>Lex est commu|ne praeceptum, virorum pru|dentium con&s;ul|tum,</HI> &amp;c. Bract. lib. 1. f. 2. <HI>Lex e&s;t radius Divini Lumini<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">, &amp; Recta Ratio &s;ummi Iovis. Cicero</HI> in <HI>lib. de legibus. Summa Ratio</HI> Cook In&s;t. part. 1.</NOTE> The Law it &s;elf in its purity is nothing le&s;s then the <HI>Perfection of Rea&s;on (Re&s;pon&s;a pru|dentium</HI>) and <HI>con&s;onant</HI> to the Law of <HI>God,</HI> grounded upon long experience, and &s;o brought to perfection; <HI>per varies ca&s;us artem experientia fecit,</HI> and as <HI>Glanvile</HI> and <HI>Britton</HI> agree, <HI>Experience</HI> and <HI>many trials</HI> of <HI>what was be&s;t for the common good, did make the Common Law.</HI></P>
<P>The Laws of England now con&s;i&s;t of three parts; 1. The Common Law, 2. Cu&s;tomary Law, and that diver&s;e. 3. Statute Law, or Parliamentary Law; the &s;cope of all (as <HI>Bracton</HI> &s;aith) <HI>ut &s;opiantur Jurgia; &amp; vitia propul&s;entur, &amp; ut in regno con&s;ervetur Pax &amp; Ju|stitia.</HI></P>
<P>The mo&s;t principal Precepts of the Law of God and of Nature, are <HI>Maxims</HI> and <HI>Topicks</HI> of the Laws of <HI>England;</HI> I &s;hall touch but a few: 1. <HI>Deum Venerari.</HI> 2. <HI>Honeste vivere.</HI> 3. <HI>Patriae, Magistratibus &amp; Paren|tibus obedire.</HI> 4. <HI>Alteri ne facias quod tibi non vis fieri.</HI> 5. <HI>Tollere nocentes e<GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">m<GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">dio propter &s;ervandum publicam &s;alutem.</HI> 6. <HI>Suum cui&abque; tribuere.</HI> 7. <HI>Proprietates po&s;&s;e&s;&s;io|nes rerum &amp; u&s;um distinguere.</HI></P>
<P>And for the <HI>Rules of certainty,</HI> which makes every Science more honorable, the neerer to <HI>perfection;</HI> No humane learning &s;ubjected to argument hath more <HI>infallibilities</HI> in its <HI>Rules,</HI> more
<NOTE N="*" PLACE="marg"><HI>Vide Glanvil, Britton, Cook,</HI> Lord Ch. Ju&s;t. St. <HI>Iohns</HI> Speech in <HI>Parl.</HI> agree it.</NOTE> <HI>coherence</HI> in its <HI>Mem|brana,</HI> or more <HI>Harmonical Rea&s;on</HI> within its &s;elf, &amp; is &s;o <HI>Connatural</HI> and <HI>e&s;&s;ential</HI> to the <HI>Genius and innate di&s;po|&s;ition</HI> of this Nation (being formed &s;ilk-worm like) as no other Law can <HI>po&s;sibly regulate it. En populus &s;a|piens, &amp; intelligens magna! Deut.</HI> 4.</P>
<PB REF="3">
<P> This <HI>&s;acred</HI> Law is our <HI>be&s;t birth-right,</HI>
<NOTE PLACE="marg">Sir <HI>Iohn Davis</HI> Reports, and <HI>Finch</HI> Law. <HI>Cooks</HI> Preface to Part 5. <HI>Rep.</HI></NOTE> a <HI>Rich Lega|cy</HI> to every <HI>Engli&s;h</HI> man, an <HI>invaluable jewel</HI> de&s;cend|ent from the <HI>bowels of Antiquity, bequeathed</HI> us by our <HI>Ance&s;tors,</HI> and hath &s;till been &s;o entertained and em|braced.</P>
<P>Some Writers affirm that our Laws had their Progeny from <HI>William the Conqueror</HI> and &s;ome before him, from <HI>Alured, Alfred, Canatus</HI> and <HI>Edward the Confe&s;&s;or:</HI> True it is, tho&s;e were the <HI>Promulgators</HI> of &s;everal good Laws for the pre&s;ent <HI>Government</HI> of the people, introduced part of their <HI>Languages,</HI> &amp; made &s;ome <HI>&s;ub&s;tantial alterations</HI> in <HI>Fundamentals</HI> (but more in <HI>Formulis Juris</HI>) as <HI>In&s;ignia</HI> of their <HI>Conquests;</HI> but certainly our Law in its primitive in&s;titution is be|yond the <HI>Envy of time</HI> or the <HI>Pen</HI> of man to a&s;&s;ert, un|le&s;s deduced from <HI>Mo&s;es</HI> the fir&s;t <HI>Law-giver;</HI> but I &s;hall decline this controver&s;ie, my age and time may ex|cu&s;e me; onely give me leave to a&s;&s;ume the per&s;on of our Common Law, and as <HI>Cicero in Lib. de Legibus</HI> derives the <HI>Roman Laws</HI> from the great God <HI>Jupiter,</HI> to &s;ay (as one who writ an <HI>Encomion</HI> of her Prai&s;es) <HI>When the Laws of God and Rea&s;on first came in, then came I in.</HI></P>
<P>The Law is the <HI>Palladium</HI> of <HI>&s;ecurity, peace,</HI>
<NOTE PLACE="marg"><HI>Author Iu&s;titiae e&s;t Deus &s;ecun|dum quod ju&s;ti|tia e&s;t in Crea|tore,</HI> Bracton, lib. 2. cap. 3.</NOTE> <HI>plenty</HI> and <HI>opulency,</HI> and they the fountain of &s;ublunary feli|city, the Rule of Ju&s;tice; &s;he's the Queen of all Mo|ral Vertues, and Soul of the Common-wealth; with|out her &s;ilver-glyding &s;treams, who knows how to Rule? or the people to obey? If her &s;plendent Rayes be once eclip&s;ed, we may mournfully condole with the Poet, and &s;ay, <HI>Terras Astraea reliquit.</HI></P>
<P>Without her &s;upport where are our Heroes and Nobles Honors? our common Subjects and free|born
<PB REF="4">Engli&s;h Liberties? Without her protection the Rich man cannot be exempted from &s;poil, nor the innocent Doves from oppre&s;&s;ion; neither Religious nor Moral, Vertuous or Vicious can enjoy his life or any thing to him dear or delightful; not the U&s;urer his Bags or Obligations, nor the Sen&s;uali&s;t his plea&s;ures but under her &s;hade; without this Law and the due admini&s;tration of Ju&s;tice, there can be no commerce or Conver&s;ation among&s;t men, neither the Merchant can pa&s;s the Seas, nor the traveller the land, the Sol|dier be a&s;&s;ured his acquired Po&s;&s;e&s;&s;ions though with blood, nor tran&s;mit them to po&s;terity, were not the Law his Sanctuary.</P>
<P>That Government which is hinged upon her Mar|ble Pillars is only happy; this Fortre&s;s protects the Widdow, the Fatherle&s;&s;e, the Orphan, the Stranger, Religion, and Religion her: In a word, <HI>Major haere|ditas venit unicui&abque; nostrum &agrave; jure &amp; Legibus quam &agrave; parentibus.</HI>
<NOTE PLACE="marg"><HI>Bracton</HI> in <HI>lib.</HI> 1 &s;tiles the Laws of <HI>England</HI> the Judgments of the ju&s;t. Levellers fir&s;t &s;prung up in the Pontificate of <HI>Gregory</HI> the 7th the Vice-God of <HI>Rome,</HI> &amp; were then great di&s;turbers of the Govern|ment, <HI>vid. Coun|cil of Trent. Erroris &amp; fal&s;i|tatis ea e&s;t natu|ra ut nemine re|pugnante &s;en&s;im per &s;e ditabantur &amp; evane&s;cant,</HI> Cook 5 cap.</NOTE></P>
<P>Though this Law be &s;o ancient, &s;o ju&s;t, &s;o honora|ble, &s;o certain, &amp; the Government thereby &s;o ab&s;olute nece&s;&s;ary, as without it all would return into a Cha|os of confu&s;ion, yet it hath &s;ome Enemies who&s;e ha|tred is as ancient as their Names, as beings, as the dregs of the ba&s;e&s;t of the people, neither con&s;iderable for number nor worth, but of re&s;tle&s;s &s;pirits, willing to imbroyle every where, di&s;&s;atisfied with any form of Government, with any Laws, delight only in Novelties, plea&s;ed all in chan|ges, affected with no tenure but <HI>Gavel-kinde,</HI> yet bring many plau&s;ible and fla&s;hie Arguments (not worth confutation) to maintain their erroneous principle, not in the lea&s;t convincing to any &s;olid Rationali&s;t,
<PB REF="4">but are like yong &s;ophi&s;ters, who are wont to rail, and by that means to keep them&s;elves from a Non-plus when they are not able to an&s;wer the Arguments for|ced again&s;t them.</P>
<P>We are all Judges of our own incon&s;tancy, and have had &s;ad experiences in our dayes, how often we di&s;agree with our &s;elves; what Repugnancies within us; how hurried and di&s;principled with any thing that is new, and &s;eldome without repentance, though of|ten too late: Every one becomes his own <HI>Pha&euml;ton:</HI> pa&s;&s;ion and affection &s;o di&s;orders and deprives Rea|&s;on, that they rather &s;eem <HI>Chimera's</HI> then Men; &s;ure|ly then it's &s;afer to tru&s;t laws then men. I cannot but conceive that he who would &s;hake off the laws, will hardly be obliged by con&s;cience.</P>
<P>I &s;hall not proceed further to vindicate the Com|mon Law, or add to her <HI>Encomions,</HI> its My&s;teries are not now lock'd up in <HI>Hierogliphicks</HI> in <HI>Saxon</HI> and <HI>Nor|man</HI> language, mo&s;t of it by the prudence of our Grandees di&s;played &s;ignificantly in our Native lan|guage, &amp; is &s;ufficiently able to plead for it &s;elf (if per|mitted.) I need not mention the wi&s;dom and care our Parliaments in all ages have had to pre&s;erve its honor and innocencie; nor the indefatigable pains and vigi|lant care taken for its due pre&s;ervation and reformati|on by his imperial Highne&s;s the Lord Protector, from who&s;e Fountain of Ju&s;tice all &s;treams are conveyed to the &s;ubject, like the Sun who &s;preads light and ver|tue to all the creatures.</P>
<P>If I &s;hould endeavor to minde your Lord&s;hip the reverend E&s;timation Acts of Ju&s;tice have always had, how pre&s;erved to po&s;terity in his Highne&s;s trea&s;ury as royal Jewels, &amp; &s;til reputed no &s;mall part of Princely
<PB REF="5">trea&s;ure, I mu&s;t exceed the limits of an Epi&s;tle; the porch would be bigger then the hou&s;e; and therefore mu&s;t conclude, but yet cannot without ingratitude forget your Lord&s;hips care and vigilancie on all occa|&s;ions of the publike good and welfare of the Com|monwealth, and therein of your own Countrey; how highly is that per&s;on to be honored who&s;e true merits hath advanced him to tran&s;cendent places of honor? the greate&s;t honor is due to the greate&s;t Vertues; your prudence and abilities in Councels, your valour and magnanimity in the Field, and that which crowns all, your piety and zeal for the Go&s;pels honor, hath ju&s;t|ly in&s;tamped an <HI>Honorarium</HI> on your per&s;on, with an augmentation to your po&s;terity; I humbly beg your honors pardon for my prolixity in detaining you from the publique, &amp; be&s;eech your patronage for this &s;mall Treati&s;e being the fir&s;t Fruits of my labor, and there|fore in duty a proper Oblation to your Lord&s;hip, which being cheri&s;hed by your favor, may find recep|tion from others, and be &s;ome wayes u&s;eful in this Juncture of Affairs, to the great &amp; honorable Senate in the pre&s;ent great VVork of Reformation; which is the hearty de&s;ires of him that is ambitious of nothing more then to be his Highne&s;s and your Honors in the &s;ervice of the Common-wealth</P>
<CLOSER><SIGNED><HI>Most faithful devoted humble Servant</HI> D.W.</SIGNED>
<DATELINE><HI>From my Chamber in the Mid|dle Temple,</HI> <DATE>Nov. 3. 2656.</DATE></DATELINE></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="compendium">
<PB N="1" REF="5">
<HEAD>A COMPENDIUM OF Abu&s;es in the practice of the COMMON LAWS OF <HI>ENGLAND.</HI></HEAD>
<P>_IT is to be admired how the Lawes of England under which England hath flouri|&s;hed &s;o many ages, the main|tenance whereof hath co&s;t &s;o much blood, and which have been confirmed by &s;o many &s;ucce&s;&s;ive Parliaments with a peremptory <HI>Nolimus mutare</HI> &s;hould in this Age and Juncture of time and Affairs, fall into &s;o great Reproach as they lie under. In &s;earching into the Cau&s;es I conceive although the Spirit of levelling, and the de&s;ire men have to live as
<PB N="2" REF="6">they li&s;t, without any re&s;traint by the Laws of God or men, may have a great influence into that deep di|&s;ta&s;te that is ca&s;t upon them; yet it mu&s;t be &s;ome o|ther cau&s;e that moves men of con&s;ciencious and &s;ober mindes to take offence thereat.</P>
<P>And therefore it is very con&s;iderable whether &s;omething be not crept into the practice of the laws of England by the corruption of men, which was not in the Original Foundation thereof; which may ju&s;t|ly provoke God to lay the Practicers low, and their Profe&s;&s;ion open to reproach and contempt.</P>
<P>And if the Foundation of Actions in any Court be laid in a lye,
<NOTE PLACE="marg">Foundations of Actions laid in alye.</NOTE> or if the proceedings thereupon be manife&s;tly fal&s;e and feigned, how can any man expect a Ble&s;&s;ing from God therein? And how can any man with comfort be an In&s;trument in &s;uch a Suit?</P>
<P>For in&s;tance in the Court of Common-Pleas, &s;o called,
<NOTE PLACE="marg">Common Pleas.</NOTE> in re&s;pect of the Common-Pleas there holden, which anciently con&s;i&s;ted mo&s;t in real Actions,
<NOTE PLACE="marg">Practice of the Court.</NOTE> and is &s;tyled by my <HI>Lord Cook</HI> the <HI>Lock and Key of the Com|mon Law.</HI> No Action can be ordinarily, but by Origi|nal Writ of the Chancery, which is in the nature of a Summons, and directed to the Sheriff, whereby the Defendant &s;hould have notice of the Action and particular cau&s;e thereof; and this mu&s;t bear date 15. dayes before any other Proce&s;s can i&s;&s;ue: And if the Sheriff return a <HI>Nihil,</HI> then a <HI>Capias,</HI> &amp; <HI>Alias</HI> &amp; <HI>Plures</HI> are to be awarded each to bear Date 15. dayes after the other; and if the Sheriff upon each of the&s;e return a <HI>Non e&s;t inventus,</HI> then to proceed to outlawry, that &s;o his E&s;tate may be &s;ei&s;ed to cau&s;e appearance to the action, and to prove all the&s;e nece&s;&s;ary. Upon a
<PB N="3" REF="6">Writ of Error all the&s;e are returned as if they were directly awarded, returned and filed; and if any be wanting or mi&s;returned, the Plaintiff is overthrown in his Suit.</P>
<P>Yet to elude this ju&s;t Court, the Plaintiffs Attor|ney takes out a <HI>Capias, Alias, Plures</HI> and <HI>Exigent,</HI> and proceeds either to get the Defendant arre&s;ted, or el&s;e outlawed; and at the return of the Proce&s;s takes out an original Writ, which he returns him&s;elf in the Sheriffs Name; and al&s;o returns the <HI>Capias, Alias</HI> and <HI>Plures</HI> in his Chamber or el&s;ewhere in the Sheriffes name, whereas the Sheriff nor his Deputy never heard of them, and then files them as if duly awarded and returned.</P>
<P>By which means,</P>
<P N="1">1.
<NOTE PLACE="marg">Abu&s;es.</NOTE> The great <HI>Seal of England</HI> is abu&s;ed and an|tidated.</P>
<P N="2">2. The Courts of Judicature (where proceedings &s;hould be all in Truth, Righteou&s;ne&s;s and Judge|ment) abu&s;ed.</P>
<P N="3">3. The Sheriffs (who are &s;worn Officers and lie under an Oath, duely to execute and return the Proce&s;s of Law) are injured and endangered by fal&s;e Returns in their Names.</P>
<P N="4">4. And la&s;tly: The Defendant much wronged, and the Plaintiffs neither disburthened in Charge nor ex|pedited in their &s;uits, but all done for the Attorneys, Clerks and Soliciters gains.</P>
<P>The Upper-Bench (which may proceed by way of Original Writ out of the Chancery,
<NOTE PLACE="marg">Upper Bench proceedings.</NOTE> as doth the Common-Pleas) have a &s;horter way. An Attorney takes out a Bill of <HI>Middle&s;ex,</HI> and by colour of this may arre&s;t any man in <HI>Middle&s;ex</HI> upon an action of
<PB N="4" REF="7">Tre&s;pa&s;s; and then declare at Term (upon a pretence that the Defendant is in cu&s;tody of the Mar&s;hal) upon any action what&s;oever; and if he be not arre&s;t|ed in the Bill of <HI>Middle&s;ex,</HI> but is to be found in a for|raigne county, then that is a ground to take out a <HI>Lati|tat</HI> upon pretence that the Sheriff of <HI>Middle&s;ex</HI> re|turns that the Defendant lurks and hides him&s;elf in the county of <HI>York,</HI> &amp;c.</P>
<P>In order to the regulation of the Laws it is humbly &s;ubmitted to con&s;ideration.
<NOTE PLACE="marg">Propo&s;als for Regulation. Que&s;tions pre|mi&s;ed. <HI>Cook</HI> in his Pre|face to the 8. Part Rep. &s;aith it is conveni|ent for the Common-wealth that there be an and of Suits &amp; controver&s;ies.</NOTE></P>
<P N="1">1. Whether it be for the intere&s;t of the Common-wealth to encourage &s;uits in the Courts of Law or E|quity, which is the rather propounded in regard it appeareth that two parts in three, if not more, of the multitudes of &s;uits began in the&s;e Courts are either fal&s;e &amp; groundle&s;s, or el&s;e &s;o frivilous &amp; trivial that it is the &s;hame of the Law that the Courts of Ju&s;tice (the glory of a Nation) &s;hould be troubled with them.</P>
<P N="2">2. Whether it be for the Honor and Maje&s;ty of the courts of Ju&s;tice and Judgement, that any Ba&s;is of Law or foundation of &s;uits &s;hould be laid in a lye or fal&s;e pretence.</P>
<P N="3">3. Whether it be fit or &s;oundly rational that it &s;hould be in the power of any man to mole&s;t another in a court of Ju&s;tice in any cau&s;e wherein provi&s;ion is not made for full recompence to the Defendant in ca&s;e the &s;uit appear vexatious and unju&s;t.</P>
<P N="4">4. Whether the reducing the courts of Judicature to their primary in&s;titution (the&s;e things premi&s;ed)
<PB N="5" REF="7">and tying the practicers to the Original Rules might not go very far in the regulation of the Law.
<NOTE PLACE="marg">Practice of Courts.</NOTE></P>
<P>The main Bulk of actions at this day at the com|mon Law are debt, tre&s;pa&s;s, tre&s;pa&s;s upon the ca&s;e, upon promi&s;e; trover, and conver&s;ion, and &s;lander; the&s;e are called common pleas, &amp; originally cryable onely in the court of common pleas, by Original Writ out of the chancery, which is in nature of a Summons, and by Law ought to precede any <HI>Capias</HI> (though &s;eldom practiced) or other proce&s;s out of the court of common pleas; but yet the court of the Upper-Bench, and al&s;o the chancery have had a con|current power with the common pleas to hold pleas of the like cau&s;es in particular ca&s;es: the &s;aid Origi|nal in chancery expre&s;&s;es the particular cau&s;e of acti|on that the Plaintiff had again&s;t the Defendant;
<NOTE PLACE="marg">Original in Chancery.</NOTE> and if it did appeare that the Debt or Damage were above 40. l. then a Fine was payable to the crown upon the taking out of that Writ, and the &s;aid Ori|ginal VVrit was directed to the Sheriff of the county where the Defendant lived, commanding the &s;heriff that if the Plaintiff did give him &s;ecurity to pro&s;e|cute the &s;aid &s;uit,
<NOTE PLACE="marg">Summons.</NOTE> then the &s;heriff &s;hould &s;ummon the Defendant by good &s;ummons to appear in the court of common pleas at a day appointed by the &s;aid writ (which mu&s;t be 15.
<NOTE PLACE="marg">Te&s;t of the Writ.</NOTE> dayes after the <HI>Te&s;t</HI>) to an&s;wer the &s;aid &s;uit: this writ ought to be delivered to the &s;aid &s;herif, who ought to make a return thereof be fore any <HI>Capias</HI> ought to be awarded out of the common pleas, and &s;o no arre&s;t could be made of the body of the Defendant without tho&s;e preceeding circum&s;tances:
<NOTE PLACE="marg">Upper-Bench practice.</NOTE> whereas in the practice of the upper Bench there was no more required but the taking out
<PB N="6" REF="8">of a <HI>Latitat</HI> grounded upon a fal&s;e &s;ugge&s;tion (a lye upon Record) that upon a return of a Bill of <HI>Mid|dle&s;ex</HI> awarded again&s;t the &s;ame Defendant,
<NOTE PLACE="marg">Sub&s;tance of the Writ of <HI>Lat.</HI></NOTE> that the Defendant did lurk and hide him&s;elf in that county into which the <HI>Latitat</HI> was awarded, and thereupon <HI>commanding the Sheriff to take the body of the Defendant to an&s;wer to the Plaintiff in a Plea of a tre&s;pa&s;s,</HI> where|upon the Defendant might in&s;tantly be arre&s;ted without any notice formerly given him of any cau&s;e of action, and at the return of the VVrit the plaintif may declare again&s;t him, either for a tre&s;pa&s;s, or for a Debt of 1000. l. or any other the actions before mentioned; and upon pretence that the Defendant is in the cu&s;tody of the Mar&s;hal, he was lyable to an&s;wer to all other Actions, whereupon any declara|tion &s;hould be filed again&s;t him in that court in the &s;ame term of his appearance; and all this without any Fine to be paid to the crown until the i&s;&s;ue joyned.</P>
<P>The Officers,
<NOTE PLACE="marg">The contri|vance of the common pleas to prevent the greatne&s;s of practice in the Upper Bench.</NOTE> Practicers and Attorneys of the common Pleas finding the great advantage the Upper-Bench had of them in the ha&s;tie pro&s;ecution of the cau&s;es, and that thereby the mo&s;t part of the Gri&s;e was gone from their Mill, they al&s;o ca&s;t about how they might elude the ancient and legal cour&s;e of that court; and in&s;tead of taking out an Original 15. days before the <HI>Capias,</HI> &amp; giving good &s;ecurity to pro&s;ecute the &s;uit, and in&s;tead of giving &s;ummons or notice to the defendant of &s;uch action again&s;t him by the &s;pace of 15. dayes before the <HI>Capias,</HI> they would take out a <HI>Capias</HI> to arre&s;t the defendant Immediately and it may be <HI>Alias</HI> and <HI>Plures,</HI> and then at the begin|ing of the next term after arre&s;t, they would file
<PB N="7" REF="8">an original: and lately al&s;o upon pretence that they were too &s;traightly bound up by laying the true cau&s;e of action in the Original they grown of late, to file an Original in a tre&s;pa&s;s of <HI>Clau&s;um fregit,</HI> &amp; afterwards declare upon the right cau&s;e of action, and then file a new Original accordingly; and by the&s;e means, and by the practice of both the&s;e Courts; the ancient and good intention of the Law,
<NOTE PLACE="marg">To be remedy|ed without <HI>Le|gi&s;lative power</HI> or new Law.</NOTE> <HI>That no man &s;hould be &s;ued at Law without notice before hand what action would be brought again&s;t him is abu&s;ed:</HI> All which may well be remedied by the Judges, without any help of the <HI>Legi&s;lative Power</HI> or new Lavv made.</P>
<P>The pre&s;ent practice in the common Pleas hath the&s;e irregularities:
<NOTE PLACE="marg">Irregularities in the Com|mon Pleas.</NOTE></P>
<P N="1">1. The Original under the great Seal is antidated, being &s;ealed in October, and dated in May or June before.</P>
<P N="2">2. The Sheriff is pretended to return either that he hath &s;ummoned the defendant by good &s;ummons, and namely <HI>John Doe,</HI> and <HI>Richard Roe;</HI> or el&s;e that perhaps the Defendant being of 1000. l. land <HI>per ann.</HI> either <HI>Nihil habet,</HI> or <HI>Non e&s;t inventus,</HI> and the Sherifs hand &s;et to it, where in truth the Writ was never brought to him or any of his Officers, nor did they ever hear of it.</P>
<P N="3">3. The <HI>Capias</HI> is awarde before the Original,
<NOTE PLACE="marg">Form of pro|ceedings.</NOTE> and for the mo&s;t part into &s;ome forreigne county, and then returned in the Name of the Sherif, who never heard of it; and &s;o the <HI>Alias,</HI> and the <HI>Plures,</HI> and then the <HI>Exigent</HI> and all into counties where the De|fendant never hears of them, and to &s;alve it a Pro|clamation
<PB N="8" REF="9">awarded into the county where the defen|dant lives; and all the&s;e returned to be duely executed when never a one of them is ever proclaimed, or any notice given to the defendant till hee be returned outlawed. And all this done by fal&s;e returns and pretences, which is humbly conceived to be di&s;hono|rable to the Law, and unfit to be practi&s;ed by Chri|&s;tians, who ought (e&s;pecially in matters of Judica|ture) to do all in truth, righteou&s;ne&s;s and Judge|ment.</P>
<P>The pre&s;ent irregularities in the proceeding of the Upper Bench are briefly touched before,
<NOTE PLACE="marg">Upper Bench Abu&s;es.</NOTE> whereby it appears the foundation is laid on fal&s;e &s;ugge|&s;tions and pretences, which it is que&s;tionable how any ble&s;&s;ing can be expected on &s;uch a Foundation.</P>
<P>For remedy of all which;
<NOTE PLACE="marg">Remedies pro|po&s;ed.</NOTE></P>
<P>VVhy &s;hould not this Rule be &s;et to all Courts, that no proce&s;&s;e of arre&s;t &s;hould i&s;&s;ue till &s;ummons awarded and endeavoured to be executed (as it is in Chancery by <HI>Subpoena</HI>) and &s;o the u&s;ele&s;s VVrits of <HI>Alias</HI> &amp; <HI>Plures</HI> which &s;tands the &s;ubject in thou&s;ands of pounds annually (if not the <HI>Capias</HI> and <HI>Exigent</HI> too) be wholly taken away.</P>
<P>It will be objected, that if men have &s;ummons before, they will hide them&s;elves, or go out of the land before arre&s;t.</P>
<P>To which it is an&s;wered, 1. There are few in danger of arre&s;ts but know their danger without a &s;ummons. 2. 'Tis po&s;&s;ible &s;ome inconveniences may be this way, but not comparable to the inconveniences that come by the malicious arre&s;ting men oftentimes to their ruin, without any notice beforegiven. 3. But if in truth any real danger &s;hould be of going over &s;eas, the law
<PB N="9" REF="9">hath provided a <HI>Ne exeat Regnum,</HI> which upon oath of a ju&s;t debt and real fear of withdrawing may be granted caution being taken, to &s;atisfie the defendants damage if he be wrongfully &s;topped.</P>
<P N="2">2.
<NOTE PLACE="marg">It is an abu&s;e that Writs are clo&s;e and not Pattents, <HI>vide Mirror, cap.</HI> 59.</NOTE> VVhy &s;hould not every proce&s;&s;e bear te&s;te the very day on which it is &s;ealed, and to be open to pre|vent mi&s;takes which are often the dangerous delay, if not lo&s;s of many &s;uits in the countreys.</P>
<P N="3">3. VVhy &s;hould any but the Sherif return the writs directed to him, and to avoid untrue returns, to be lyable to an&s;wer every fal&s;e Return by pecuniary puni&s;hment, as well to his Highne&s;s who&s;e Ju&s;tice is thereby abu&s;ed and delayed, as to the party agrieved and damnified.</P>
<P>As for the Chancery it's well provided already that no <HI>Subpoena</HI> &s;hall i&s;&s;ue till a Bill filed.
<NOTE PLACE="marg">Chancery.</NOTE></P>
<P N="1">1. But fir&s;t,
<NOTE PLACE="marg">Remedies propo&s;ed.</NOTE> why &s;hould any man draw me to an|&s;wer there upon my Oath to what he knows to be fal&s;ly &s;ugge&s;ted: and why &s;hould not the Plaintif be tyed to &s;wear the contents of his bill to be true, as well as the defendant &s;wears to the contents of his an&s;wer: and why &s;hould &s;o many &s;ugge&s;tions and multitudes of known fal&s;ities be in&s;erted in Chance|ry Bills.</P>
<P>This would prevent the greate&s;t part of Chancery &s;uits, and the prolixity and tediou&s;ne&s;s of the re&s;t.</P>
<P N="2">2. VVhy &s;hould any &s;uit be there for moneys due upon &s;pecialty, the Common Law being the proper place to try them? this cour&s;e being there taken, that whereas now at Law upon a bond the Jury finde the debt &amp; damages &amp; co&s;ts, they might find the debt not as now they do, the whole forfeiture of the bond, but the true debt now remaining ju&s;tly due, and for da|mages
<PB N="10" REF="10">what the Plaintiff is ju&s;tly damnified by non|payment thereof, and the true co&s;ts expended in the cau&s;e, and then proved upon oath.</P>
<P>As for Bills of di&s;coveries of fraud, why &s;hould the Plaintif &s;ugge&s;t any thing which he dares not &s;wear that he believes, or hath ju&s;t cau&s;e to &s;u&s;pect to be as is alledged.</P>
<P>To all the&s;e may be added a few Queries, &s;ome of which are &s;ummarily hinted already.</P>
<P N="1">1.
<NOTE PLACE="marg">Queries added.</NOTE> Whether we may not ju&s;tly conclude, that all the reproach and contempt that is fallen upon the Laws of this Nation, ari&s;eth from this ground, that there are &s;o many fal&s;hoods and pretences in the whole proce&s;&s;e of the &s;uits?</P>
<P N="2">2. VVether it be not to be lamented, that men &s;hould dare to affirm that to the face of a Judge up|on the bench (a God upon earth) which he dares not affirm to the God of Heaven.</P>
<P N="3">3. VVhy &s;hould any Proce&s;s i&s;&s;ue out of any Court at Common Law until the Plaintif have made Oath in that Court, that he hath ju&s;t cau&s;e of &s;uch Action in that ca&s;e, <HI>viz.</HI> that the debt or duty in de|mand is ju&s;ty due to him, or that he is ju&s;tly damni|fied to &s;uch a value in that ca&s;e, and why?</P>
<P N="4">4. VVhy &s;hould any original Proce&s;s i&s;&s;ue out of any Court of Common Law, but that therein the par|ticular debt or other cau&s;e of the Action be expre&s;|&s;ed in the writ?</P>
<P N="5"><PB N="11" REF="10"> 5. Why &s;hould any per&s;on, appearing upon any &s;uch writ, be compelled to an&s;wer to any other action then that &s;o contained in the writ, and not to that un|til Recognizance (as in Chancery) entred with good &s;ureties to pay full damages and co&s;ts to the party un|ju&s;tly grieved.</P>
<P N="6">6.
<NOTE PLACE="marg">Nulli vendemus nulli negamus aut differrimus ju&s;titiam Mag na Charta.</NOTE> VVhy &s;hould not all &s;uperfluous and unju&s;t de|lays in &s;uits be cut off or lopped clo&s;e (in this time of Reformation) and all feigned delatorie curious plea|dings, the admittance whereof of late times hath been a great cau&s;e why real actions, &s;pecial writs of a&s;&s;i&s;e (Originals of highe&s;t e&s;teem in our antient Common Law) have not been &s;o frequently practi&s;ed in England, as they have been?</P>
<P N="7">7.
<NOTE PLACE="marg"><HI>Cook</HI> Preface to part 8. Rep. <HI>Ejectione firme.</HI></NOTE> Why &s;hould &s;uch multitudes of &s;uits in per&s;o|nal actions, e&s;pecially wherein the reallity of free|hold and inheritance are now tryable by writ of <HI>eje|ctione firme</HI> to the intollerable charge and endle&s;s vex|ation of the people, be countenanced or permit|ted?</P>
<P>The too frequent u&s;e of this cour&s;e occa&s;ions &s;uch multiplicity of &s;uits as we &s;ee daily in one and the &s;ame cau&s;e to the unju&s;t &s;lander of the common Law,
<NOTE PLACE="marg">Rea&s;ons and inconvenien|ces.</NOTE> and intollerable hinderance of the people, wherein there are (by this new way, which is no other then an innovation or device of <HI>late Practice</HI>) divers verdicts of the on &s;ide, and divers on the other, &amp; yet the Plain|tif nor Defendant can come to no finalend, nor hold the po&s;&s;e&s;&s;ion in quiet, though it be oftentimes tried &amp; adjudged for either party, through the litigiou&s;ne&s;s of the parties, or imprudence &s;ometimes of Juries,
<PB N="12" REF="11">and the encouragement of the Attorneys or Solici|tors on either &s;ide.
<NOTE PLACE="marg">Propo&s;als for remedy. Writs of A&s;&s;i&s;e &amp; real Actions re&s;tored.</NOTE></P>
<P>This might be much remedied if the good old u&s;e of Writs of A&s;&s;i&s;e and real Actions were re&s;tored to their antient cour&s;e and practi&s;e, there would not then be above two tryals, or three at the mo&s;t; and after one Recovery the Po&s;&s;e&s;&s;ion re&s;teth quiet.</P>
<P>But yet it may be objected,
<MILESTONE N="1" UNIT="Obj."> that the re&s;toring of this ancient cour&s;e in the Common Law by writs of A&s;si&s;e, and real actions tends to delay, and takes up more time then the pre&s;ent cour&s;e in practice ad|mits.
<MILESTONE UNIT="Re&s;p."> To which it is an&s;wered, Real actions for Free|hold and Inheritance being of a higher and worthi|er nature, and &s;tanding upon greater variety of titles and differences in the law, then per&s;onal (as the weight of the cau&s;e requireth: do challenge longer time in the proceedings then per&s;onal, but yet are not over long, nor without iu&s;t cau&s;e (in deliberations (&s;aith <HI>Forte&s;cue, cap.</HI> 53.) <HI>Judgements grow to ripene&s;s, but in over hasty proce&s;s never</HI>) and the demandant &s;hall come to a timely final end by the&s;e real actions which he &s;hall never do in per&s;onals, for the tryal of Free-hold and Inheritance,
<NOTE PLACE="marg"><HI>Cook</HI> Reports 8</NOTE> and indeed, few or no per|&s;onal actions of this nature, as hath been ob&s;erved by my Lord <HI>Cook,</HI> or to be found in the Reports of <HI>Edward the third,</HI> and were not much in u&s;e till of late yeers.</P>
<P>I could wi&s;h care were taken to prevent tho&s;e Le|gions of actions of the ca&s;e for words,
<NOTE PLACE="marg">Actions for &s;lander com|plained of.</NOTE> vulgarly cal|led <HI>Actions for Slander,</HI> but rather <HI>Actions of Malice;</HI> his Highne&s;s Ordinance of 29. <HI>Iune,</HI> 1654. again&s;t Challenges, Duels and Provocations thereunto, well provides remedy, but yet not &s;ufficient to re&s;train the
<PB N="13" REF="11">&s;warms of &s;uits occa&s;ioned by contentious &s;pirits, &s;uch actions were rare heretofore,
<NOTE PLACE="marg">Allowed only for words of eminent &s;lan|der and great importance.</NOTE> and &s;uch onely were brought as were for words of eminent &s;lander, and of great importance; for calling a one Traitor, Felon and Robber, or the like. In our books none appears to be brought for &s;candalous words before <HI>Edward</HI> the thirds time, and then not above one in 50. yeers of his reigne: but three in 22. yeers of <HI>Ed|ward</HI> the fourth: and not one of this nature in the 21. yeers of <HI>H.</HI> the &s;eventh: but five actions for &s;land<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">r brought in 30. yeers of <HI>H.</HI> the eighth; but now at lea&s;t two parts of all our Reports are &s;tuffed with them. They began in the Queens time,
<NOTE PLACE="marg">A Propo&s;al.</NOTE> &amp; in the&s;e our times are beyond number, Its conceived for the intere&s;t of the Nation, that the malice of men &s;hould be with|&s;tood; therefore though the tongues of men are &s;et on fire, why &s;hould the Law blow the coles.</P>
<P>For remedy hereof it is propo&s;ed,</P>
<P N="1">1. That words onely of brangle, heat and choller,
<NOTE PLACE="marg">Remed.</NOTE> might not be as much as mentioned in the high &amp; ho|norable Courts of Ju&s;tice, being a great di&s;honor to the law and the profe&s;&s;ors thereof, tending much to the di&s;turbance of the publike peace, and as one &s;aith, &s;eems utterly unlawful among&s;t chri&s;tians; but yet I am not again&s;t all actions forwords neither, where life, livelyhood or reputation, in its principal accep|tation, is endangered; but therein full compen&s;ation &s;hould be enjoyned.</P>
<P N="2">2. If &s;uch words &s;hould be thought fit to be con|tinued actionable; why &s;hould Juries give &s;uch high
<PB N="14" REF="12">damages? Let them on &s;uch actions re&s;pect more their oaths, &amp; the good of their own con&s;ciences, then they have u&s;ed to do, and no more give damages, without fear or wit, mo&s;t according to the reputation of the Plaintiff, too often to the utter undoing of the defendant, when in truth the plaintif was not two pence really damnified by &s;uch words.</P>
<P N="3">3. VVhy &s;hould not the plaintif therefore be put to prove his real or actual damnification, &amp; to make that appear upon Oath, and the Jury be directed to fine no more, nor the plaintif to recover no more.</P>
<P>It is humbly conceived worthy the con&s;iderations of the &s;upreme authority of the Nation.
<NOTE PLACE="marg">Indictments qua&s;hed com|plained of.</NOTE></P>
<P>How many Indictments removed by <HI>Certiori,</HI> or writs of Error into the Upper bench, or every term qua&s;hed for Error, found in the indictment through the ignorance or negligence of the Clarks of the peace or their Deputies in every county, to the great pervertion and di&s;honor of Ju&s;tice, and no mean encouragement of offenders.</P>
<P N="2">2.
<NOTE PLACE="marg">Actions real and per&s;onal, &amp; verdict for fault in i&s;&s;ue or Record, or matter of form or other erro|neous procee|dings &s;tayed or rever&s;ed.</NOTE> How many actions real and per&s;ononal within one yeer, are with no little expence of time, money and hazard of E&s;tate, nay health, if not life it &s;elf pro&s;ecuted, and at length when come even to the Ha|ven of Repo&s;e, when the Plaintif hopes for the Harve&s;t of all his care and charge, ca&s;t away or made fruitle&s;s by the ignorance or di&s;hone&s;ty of the Attor|ney or Clerk in the cau&s;e, verdict being for &s;ome fault in the i&s;&s;ue or Record, want of form, or &s;ome other erroneous procedings qualified, or Judgement &s;tayed or rever&s;ed, and to all invalled.</P>
<PB N="15" REF="12">
<P> To prevent this di&s;honor to the Nation,
<NOTE PLACE="marg">Remedies pro|po&s;ed.</NOTE> this detri|ment to the people, and great di&s;couragement to Ju|&s;tice, it is humbly propo&s;ed;</P>
<P N="1">1. Why &s;hould not the numberle&s;s number of At|torneys, Soliciters and Clerks be reduced, and tho&s;e onely that are knownly hone&s;t, able and experienced be admitted to practice, and of them but a certain number.</P>
<P N="2">2. Why &s;hould not the reverend Iudges of the Upper-bench be impowred upon qua&s;hing any &s;uch Indictment to impo&s;e a high Fine upon (if not di&s;|place) &s;uch Clerk of the peace, or other Officer that framed the &s;aid Indictment, at the &s;ame time &s;uch Indictment is qua&s;hed, and care be taken for &s;peedy an&s;wering thereof duly to his Highne&s;s Trea&s;ury, without any Appeal or Mitigation.</P>
<P N="3">3. Why &s;hould not the Attorney, Solicitor or Clerk re&s;pectively, who hath the management of the cau&s;e, &s;o de&s;troyed by his, or their negligence, igno|rance or di&s;hone&s;ty, be lyable to a pecuniary puni&s;h|ment to the party proportionable to his lo&s;s and da|mage thereby, and that to be &s;et by the Court at th|&s;ame time &s;uch Verdict or Judgment &s;hall be qua&s;he+ed or rever&s;ed, &amp; to be &s;peedily levyed, without &s;or|cing the party injured thereby to his action on the ca&s;e, which though the Law allows, is &s;eldom adven+tured on, or practi&s;ed again&s;t men of that profe&s;&s;ion, and al&s;o to &s;tand committed for the abu&s;e and di&s;ho|nor to the Court.</P>
<PB N="16" REF="13">
<P> Why &s;hould <HI>Pri&s;oners,</HI>
<NOTE PLACE="marg">Complaints a|gain&s;t Fees &amp; charges paid by Pri&s;oners.</NOTE> or others for them, pay any thing for ther <HI>Entries</HI> in <HI>Goals</HI> and <HI>Pri&s;ons,</HI> or for their coming in, or di&s;charge at <HI>Se&s;sions,</HI> this is a great di&s;|honor to <HI>Ju&s;tice,</HI> an <HI>oppre&s;sion</HI> to the poor, and an <HI>an|tient abu&s;e</HI> of the <HI>Common Law,</HI> and complained of in the <HI>Mirror,</HI> 231.</P>
<P>It is a received Rule,
<NOTE PLACE="marg"><HI>Cook lib.</HI> 4. An abu&s;e in acts of Parliament complained of.</NOTE> <HI>That Laws cannot be Ju&s;t unle&s;s certain;</HI> that is (&s;aith the Lord <HI>Cook</HI>) the <HI>be&s;t Law that leaves lea&s;t to the Arbitrarine&s;s of the Iudge;</HI> this is con|ceived to be the unhappine&s;s in penning &s;ome late <HI>Acts and Ordinances of Parliament,</HI> and <HI>Commi&s;&s;ions</HI> for tran&s;actions of <HI>Publike Affairs,</HI> in which liberty is too much given to do according to Equitie; if this be con|tinued (&s;aith one) we &s;hall have nothing but <HI>Equity left;</HI> this <HI>aequam &amp; bonum</HI> is &s;aid to be in plain terms nothing el&s;e but an <HI>ab&s;olute and arbitrary power to judge and interpret according to every mans con&s;cience,</HI> which is too frequent as different as their Opinions, the mo&s;t of men concurring in nothing le&s;s then certain|ty, <HI>quot homines, tot &s;ententiae.</HI> This made the <HI>Savoni|ans</HI> (finding therein no Ju&s;tice, and groaning under the burthen) petition their King (who&s;e Magi&s;trates were &s;ub&s;tituted to give Judgement according to E|quity) that their Magi&s;trates might no more give Judgement according to Equity. The great <HI>Enormi|ties</HI> and horrid <HI>Exactions</HI> upon the people by <HI>Emp&s;on</HI> and <HI>Dudley,</HI> may not without rea&s;on be imputed to the <HI>Statute</HI> of <HI>H.</HI>
<NOTE PLACE="marg">11 <HI>H.</HI> 7. cap. 3.</NOTE> the 7th. <HI>Authori&s;ing them to hear of|fences committed against penal Statutes according to di&s;|cretion</HI> (not according to the Lawes and Cu&s;tomes of England) whereupon the Lord <HI>Cook</HI> caveats Parlia|ments to <HI>be &s;ure to leave all cau&s;es mea&s;ured by the golden and &s;treight metwand of the Law,</HI>
<NOTE PLACE="marg"><HI>Cook</HI> 4. <HI>part Iu&s;t.</HI> 41.</NOTE> <HI>and not by the incertain and crooked cord of di&s;cretion.</HI></P>
<PB N="17" REF="13">
<P> Its a great <HI>Complaint,</HI>
<NOTE PLACE="marg">Propo&s;als for re&s;toring the antient cour&s;e of proclaim|ing acts &amp; or|dinances of Parliament.</NOTE> or rather an <HI>Excu&s;e</HI> taken up by offenders, and &s;uch as feel the <HI>execution of penal Laws,</HI> that they did not know the Fact committed by them to be an offence again&s;t Law; that they never heard of any &s;uch Act of Parliament, Ordinance or Law upon which they are convicted or que&s;tioned, if they had, they &s;hould have been more careful, and avoided the tran&s;gre&s;&s;ion.</P>
<P>Now to leave &s;uch without excu&s;e, and prevent others that through ignorance, or otherwi&s;e fall un|der the &s;troke of &s;uch Law <HI>(preventing Justice being conceived the best)</HI> its propo&s;ed that the antient cour&s;e of <HI>proclaiming</HI> Acts of <HI>Parliament</HI> by the Sheriffe of each County may be evinced.</P>
<P>Antiently at <HI>every Parliament the Acts that pa&s;&s;ed were to be tran&s;cribed in Parchment,</HI>
<NOTE PLACE="marg"><HI>Cook</HI> 4. <HI>p. In&s;t. f.</HI> 26.</NOTE> and by Writs <HI>directed to the re&s;pective Sheriffs,</HI> and <HI>commandment given them, that all the &s;aid Statutes &s;hall be proclaimed,</HI> and be firm|ly ob&s;erved and kept; and be <HI>proclaimed at County Courts,</HI> and <HI>tran&s;cripts</HI> made for any to read, and take Copies of them.</P>
<P>Some object,
<MILESTONE N="1" UNIT="Obj."> that this cour&s;e was frequently u&s;ed onely before printing, which was fir&s;t in <HI>Germany</HI> in <HI>an|no</HI> 1441. &amp; here in <HI>H.</HI> the 6. time; but certainly the u&s;e of <HI>proclaiming acts was long before</HI> that time, as appears in the <HI>Mirror.</HI></P>
<P>Others object,
<MILESTONE N="2" UNIT="Obj."> that the Parliament being the <HI>Repre|&s;entee</HI> of the people, the whole Nation is by their act bound (as a man by the act of his Tru&s;tee) and there|fore why &s;hould Proclamation be made in the Coun|ty, <HI>every man being obliged to take notice of that which is done in Parliament.</HI> 'Tis true, as &s;oon as Parliaments have made any thing, the Law intends that every per|&s;on
<PB N="18" REF="14">hath notice thereof, for that they <HI>repre&s;ent the bo|dy of the whole Nation;</HI> yet the old <HI>u&s;e of proclaiming Acts and Ordinances</HI> is conceived very fit and requi&s;ite to be re&s;tored,
<MILESTONE UNIT="Rea&s;on."> to the end the &s;ubject may have ex|pre&s;s notice thereof; and that no particular per&s;on rich or poor,
<NOTE PLACE="marg"><HI>Cook</HI> 4. <HI>p. In&s;t.</HI></NOTE> may be overtaken by an intendment of Law, too often to his undoing.</P>
<P>I &s;hall adde no more to this rude di&s;cour&s;e, which is onely the Re&s;ults of my private thoughts and ex|periences; this &s;ubiect being &s;ince undertaken (though unknown to me) by a reverend Sage of our Law, learned Mr. <HI>Serjeant Sheppard,</HI> who&s;e labors are very great in its reformation; only licen&s;e me to conclude with my Lord <HI>Cooks</HI> Opinion, That no humane Law within the circuit of the whole world, by infinite de|grees is &s;o apt and profitable for the honor, peace &amp; pro&s;perous Government of this Common-wealth, as the&s;e antient and excellent Laws of England be; &s;ome &s;uch Exuberancies being lopped off, and &s;ome other parts now buryed in Oblivion taken away, fit to be regulated in this ble&s;&s;ed flouri&s;hing &s;pring of His Highne&s;s Ju&s;tice.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
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</TEXT>
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</ETS>
