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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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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 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 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 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
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 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 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 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