THE LAWYER'S BANE OR, THE Law's Reformation, AND NEW MODEL: Wherein the errors and corruptions both of the Lawyers and of the Law itself are manifested and declared.  
AND ALSO, Some short and profitable Considerations laid down for the redress of them.  Luke 11.46. 
And he said, Woe unto you also ye Lawyers; for ye lad men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers.  
LONDON, Printed for George Whittington, at the blue Anchor in Cornhill, near the Royal Exchange. 1647.   

Reader,  
THat which here is made public, was intended for the public 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 countries' faithful and profitable friend and servant.  
Nicholsone.   

THE Lawyer's Bane: OR, THE Law's Reformation, AND NEW MODEL.  
FOrasmuch as it concerns all men in general (the lowest and meanest not excepted,) to know and understand those Laws and Ordinances by which their Rights, Privileges, Interests, and estates are secured, their words and actions regulated and directed, and for the breach & transgression of which said Laws 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 knows, nor can know, nor understand, therefore it is no less just and equitable, then consonant and agreeable to solid and sound reason, that the Law's Statutes and Constitutions, by which any people or nation under heaven, are to be governed, and to which they are to yield obedience, be (as much as possible may be,) short, few and compendious, and withal so easy and plain to be understood, that if any men should plead ignorance of them, it could be no other than wilful & affected, and so all men being left without excuse, those justly might then be adjudged worthy of severe and exemplary punishment, that should digress, swerve from their duties, whereof they had or might have had perfect cognusance and knowledge: now for as much as the present Laws of this nation, are in regard of their multiplicity, and number, confused and tedious, in themselves faulty, and in the execution of them extremely corrupted, and the knowledge of them with much labour, pains and study 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 gross judgements can attain, nor their leisure and opportunity, (who are otherwise necessarily to be employed in their several 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 than snares and traps, wherein they are usually caught and taken, to their great trouble and vexation, and oftentimes to their utter ruin 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 Laws 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 easy, plain 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 gulfs wherein multitudes have so often been swallowed up and perished, and then if any shall suffer shipwreck, it will be no other, than a just reward of their own wilful ignorance.  
2. That for the making of the Laws easy and plain, as aforesaid, a competent number of impartial, indifferent and  men, learned, wise, discreet, and every way fitly qualified for the performance of the work they are to manage and effect, may be chosen by the consent of the King and Parliament, being the representative body of the whole Kingdom, to consult and take into serious consideration the whole body of the present Laws, 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 thoroughly studied, and the personal rights, privileges and immunities of all persons, as well the Kings as others considered and preserved,) to extract, invent, and find out, new, good, equal, just and necessary Laws, plain, easy and free from all dilemmaes and ambiguities, according as they in their wisdom shall think fit and convenient, all the rest of the Laws, together with all old names and distinctions as of Common, Civil and Statute Laws, being repealed and taken away for ever, and if in case hereafter any or more of these Laws thus made as aforesaid, be found in some part or parts of them ambiguous, improper or insufficient (experience being the best mistress) either in respect of themselves or the times, for as the Poet saith, tempora mutantur, et nos mutamur in illis, that then the dificience, ambiguity or defect of the said Law or Laws, 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 Laws being still continued in force and virtue, a remedy which in time would prove as ill, if not worse than the disease itself, and in a great part the source and fountain from whence hath flowed the prolixity and confusion of our present, (especially our Statute Laws, but that the said Law or Laws 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 thereof may be made and enacted, that by this means the Laws may be kept and preserved in their primary brevity, plainness and integrity.  
And in order conducing to the ends aforesaid, viz. the Law's brevity and plainness, upon which depends the peace and happiness of the people, these things following are to be considered: first, all diversities of tenors, 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, etc. as also the Tenors by Fines, certain 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 be thought most useful and convenient for all the Lands in the whole Kingdom, 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 Kingdom, who sees not? and only to make it appear just and reasonable, two great Objections are to be answered.  
Object. 1. It may be objected that the King, the Nobility, and Gentry would be much prejudiced both in their honours and profits, by the taking away of the rents and services due to their Manors, together with divers other casual 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 own Lands upon their own terms, and according as they should think most useful and convenient for themselves and their posterity.  
I answer: 1. For their rents and their casual profits, as Escheats, Forfeitures, uncertain Fines in Copieholds, and the like, being estimated at a certain annual rent by an equal and indifferent computation, they may be continued, issuing and payable out of the same Lands they were formerly, in the nature of rend charges, and so the alteration in this particular would be only nominal.  
2. For their services due to their Manors, as Fealty suiting their Courts, and the like; I answer, first, for their King, all men that are borne his Subjects, own him Fealty, swear him Allegiance, and as his liege people, aught to do him service upon all lawful occasions, and therefore the reiterating of the same things by the same men in his particular Courts, may seem only a work of supererrogation, and a repetition and reacting, fruitless and unnecessary. And secondly, for the Nobility 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 Manors, as also in reference to the present opinion and estimation of all men, is utterly lost and vanished, no man in these days valuing his Lord of whom he holds his Lands (his free rents being paid) more than another man, scarce any thing at all. And secondly, divers of these Manors being fallen into the hands of ignoble and mechanic men, divers both of the Nobility and Gentry in regard of the tenure of some part of their estates, own Fealty and other services incident to the said Manors, to mean men fare their inferiors, both in rank and quality, 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 Intails; 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 vain and useless, except it be to make employment for Lawyers, Attorneys, 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 showing of men's pride & vanity only excepted) then the intailing of a destructive inconvenience upon their posterities, whose numerous issues and offsprings are (by reason of these Intails) for the most part in a forlorn and miserable condition, left to beggary and poverty; or, according to the proverb, to the wide world, utterly unprovided for (the eldest only excepted) contrary to Reason, the Law of Nature, and of God himself, a double portion only being allotted to the firstborn: and therefore such a liberty as this is rather to be suppressed and provided against, than any wise cherished or indulged unto, as a distrusting of the providence of God, and a too much confiding in an arm of flesh, in a Christian and well-governed Commonwealth.  
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 doubtless they cry aloud for the help of a Physician, the present practice of them being so corrupted and polluted, that it stinks abominably in the nostrils of God, and all good men; and therefore it were to be desired, that several Courts of Judicature should be established in every, even the least Counties; and in those that are larger, as Lincolnshire, Yorkshire, etc. two, three, or more, according to their respective greatness and extents, which said Courts might judge absolutely and sovereignly (all arbitrariness being by provident and wholesome 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, only excepted, whereby the shuffling and removing of Suits from one Court to another, to the great damage and oppression of the people, by injunctions, and the like, might be taken away, and justice equally & speedily administered to all men, even at their own doors, whereby likewise one sort of Vermin, viz. Attorneys, Solicitors, and the like, would be made useless, all men being now by the Law's plainness and simplicity enabled to plead their own causes, some few of the most ignorant being for this present generation only excepted, who might easily procure a friend or neighbour to be their Advocate. As for the future, the Law being thus made easy by the vulgar to be known and attained unto, especially if public Schools were in every Parish erected, for teaching to read and write the English tongue, a work worthy to be ●●ought upon by those that are in authority, all men, mad men and fools only excepted, would be sufficiently able to manage 〈…〉, and further the dishonesty and villainy of those men, would hereby be suppressed, who vex and oppress their Neighbours by feigned and unjust futes, peaceable minded men as the case now stands, choosing rather to purchase their own quietness at a litigious knave● hand, then to contend in Law with hi●, although their cause in its self be both just and honest, in regard both of the delay of justice, proceeding from bribery, removing of suits, and many other corruption, as also from the remote distance of the place of judicature, to the great oppression and vexation of the best and honestestiso● of people, most worthy by all lawful and good means to be protected and provided for; and lastly, (a little to digress, hereby the exorbitant greatness of the City of London would be ●●ated, and retarded, which by the confluence and resort of people unto it, from all part● of the Kingdom upon so many occasions, is although the 〈◊〉 City, grown so monstrous and disproportionable (a great solecism in estate policy) to the rest of the body, that it is to be feared, (if experience have not already taught us just cause of fear,) 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● self and the whole Kingdom, but to return, if it be objected that when there were but two resembling those Courts aforesaid in the whole Kingdom; 〈◊〉 those of the precedents 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 burdensome to the Commonwealth, what then could be expected from so many of the like n●t 〈◊〉, to be set up throughout the whole Kingdom, but oppression ●●re then formerly, respective to their 〈◊〉? I answer 1. These Courts were put down for their arbitrary acting, according to their own wills and discretions, not being 〈◊〉 to observe the strict Rules and Precepts of a known and certain Law, a fault in these new Courts to be with all 〈◊〉 a ●●sp●●●ion and careful diligence provided against as aforesaid, and secondly, the plain and well known rules of the Law, to all men now made obvious and apparent, would defer judges and all other Ministers of justice from oppression and corruption, in regard that if they should never so little step aside or digress from the paths of equity, they would presently be detected and discovered without reaping any other brevity (although now the case be otherwise) to themselves, than the loss of other places for ever, together with a brand of infamy and disgrace for their said transgressions; thirdly and lastly, an annual of triennial Parliament, or of any other certain distance of time, as should be thought most convenient, one of whose proper ends and works it would be, to examine, punish and reform abuses and all sorts of enormities whatsoever, wherewith these Courts should at any time be infected or corrupted, would so daunt and over awe, especially if justice were severely and impartially administered and afflicted upon all offenders, without respect of persons, even the most daring and impudent Spirits; and so all those might be kerbed, and bridled (how unruly soever) by the Law's strictness and severity, whom conscience of their ways and the love of justice, would not refrain, 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 Laws, in any rank or degree whatsoever; now although the present abuse and abominable excess in this particular, cry aloud for Reformation, a thing formerly often attempted without success, in regard that the branches (although out and ●●ped,) will spring and put out again, 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 mischievous effects of this or the like nature, will of themselves cease and become void, therefore I shall only add in relation to this particular; that those sees ●hough● needful to be continued, which would neither be great nor many▪ might be both known and certain, without all equivocations or evasions, so fare as could by any means be divised by humane wit or policy, and that all offenders, either in giving or taking above that proportion which should be by Parliament 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 vigour and strictness of the Common Law, hath by experience proved a great burden and oppression to the people; by the multiplicity of suits, and delay of justice, and therefore may now be taken away, both as corrupt and ●selesse, all Laws 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 inconquerable, 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 enchanted ●●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 Laws, to observe and walk in; which 〈◊〉 ●or● is a lab●●inth 〈…〉 (〈◊〉 like) ●o f●ll of wind and nothings, 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 confirmation of th●● 〈◊〉 y●●●y i●, be●au●● 〈…〉 failing 〈◊〉 ●ord, ●●iable, 〈…〉 in matter of 〈◊〉 〈◊〉 circumstance, ●●though 〈…〉 and meaning be otherwise never so clear and 〈…〉 a ●ufficient 〈…〉 and 〈…〉 hereby made therefore (although 〈◊〉 so evil and co●●●pt) so 〈◊〉, and of such ●●solute necessary to be employed by all men, to whom the 〈…〉 that now they may abuse us at their pleasure; they may suck our blood, eat our flesh, and when they have done, even sit them down to gnaw and pick our bones, and yet we as remediless) must kiss the rod, and Spaniel-like, fawn upon these our cruel taskmasters; nay further, to provoke and insult over us, their Clarks forsooth, as though their skill and learning were much in the tacticts, do place their writings in order military, their words and lines like ranks and files, keeping equal space and distances, and thus they charge and discharge us of all our monies, and then both they and their master's face about to our enemies; and thus we with Issachar, Asslike, crouch down between two burdens, and by the means aforesaid, together with their harsh and conjuring names, as infangtheif outfangtheif, with others of the same kind, their strange and barbarous language and the like; they have raised such mists and fogs 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 conduit; and yet with all their machinations and devices, they are methinks, no securer than the Ass in the Fable, who disguised with a Lion's skin, walked proudly and disdainfully, (to the terror of the people) up and down the Country, until one wiser than his neighbours, perceiving the deceit, pulled off the skin, and then he appeared in his own proper colours, a poor simple ridiculous Ass, and a laughingstock and derisi●● to those that formerly did so much fear and tremble at his presence: The Moral and application of which said Fable will then clearly and evidently be seen true when those that are in authority shall seriously undertake to clear up and dispel those clouds wherewith these men of the long to be have over cast and darkened both the sense and letter of the Law, and yet more clearly when the Law's reform, as aforesaid, shall be cut out of those old stinking and polluted ditches, wherein they have for so many years been 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 Kingdom, and they themselves shall be discharged of all places of trust and creda●, both in Council and Government, and thus justly in regard that they, like the Bishop's foot in the Proverb, do spoil and vitiate every thing they intermiddle with, or have an hand in; these simpletons with their appurtenances, viz. Attorneys, Sollicit●●, Clarks, and so to the end of the chapter, how Asslike and ridiculous would they then b●, in what a pitiful c●● would of John an Oaks be, together with John a Styles his ●eve● and copartner, unto what ●ouster de more emporetic would they transport themselves, with their cap●●●s and tails (whereof the ●os●●●rt●. English men, could make neither head nor feet) 〈◊〉 th●● wi●● the rest of their precious fulfils, which would now ●o longer be Staple commodities, nor vendable 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'll be none of their Counsel, but rather leave it to themselves, who wanting employment of all other men, would now have the most spare time and leisure to consult and consider of their own occasions; and lastly, to ennumerate the Knaveries and villainies of all inferior officers, were an endless labour, especially of those worthy Knights of their own proper foundation surnamed the le post, who because by their perjuries (tremble O earth, and be ashamed O heavens) they were serviceable to these Caterpillars, they were by them tolerated and connived at, and therefore we may justly say of them with Juvenal.  Dant ve●iam corvin, vexant censure columb●s. 
Now to conclude, since it is confessed 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 privileges 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 equal and just distances, are peace and happiness; and on the contrary, if they interfere and clash together, they produce certain ruin and destruction to the Nation; and further considering that these two have always, it all times been used as stalking-horses on both sides, whereby the Kingdom hath oftentimes been embroiled in blood and wars, to it's almost ●eter desolation, whereof this present time, is a woeful testimony and whereunto the Chronicles of all former times do plainly and evidently bear witness, they having be●● the causes and originals of all the civil wars 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 Laws, as aforesaid scarcely excepted) that the limits and extents of these two (viz. the King's Prerogative and the people's privileges) 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 happiness 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, quietness 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 public treasury, and drawn a portraiture (though rudely and unskilfully) of that, which if done to the life, and set forth in fresh and proper colours show by a more able and experienced workman, would show as in itself beautiful and lovely, so would bring to this Nation more benefit, ease and happiness 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, join 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 jointly and severally have, to the expense 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 only for Plato's or an Utopian Commonwealth: I enswer, that it is the greatest grief and vexation; next to the mischief itself, that nothing (if really undertaken by those that are in authority) would be found more easy to be effect●●, nothing more profitable when effected, and yet none can be ●ound to attempt it. And therefore, most gracious Sovereign, 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 yourselves to this, and the eternising 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 plenteousness within our palaces.  
Which that it may be, is the hearty prayer and desire of him, who is a loyal subject to his Prince, a faithful servant to the Parliament, a wellwisher to the Army, and a lover of the peace and freedom of his native Country.  
Nicholson.  
FINIS.