REASONS Against the Bill entitled An Act for County Registers, Wills and Administrations, and for preventing Inconvenience, Delay, Charges and Irregularity in Chancery and Common Law, as well in Common Pleas as Criminal and Capital Causes, and for settling County-Judicatures, Guardians of Orphans, Courts of Appeal, County-Treasurers, and Work-Houses:  
WITH Tables of FEES, And short Forms of DECLARATIONS.  
London, Printed by Robert White, 1653.   

Reasons against the Bill entitled an Act for County-Registers, Wills and Administrations, and for preventing Inconvenience, Delay, Charges and Irregularity in Chancery and Common-Law, as well in Common-Pleas as Criminal and Capital Causes, and for settling County-Judicatures, Guardians of Orphans, Courts of Appeal, County-Treasurers, and Work-Houses: With Tables of Fees, and short Forms of Declarations.  
IF it were a Law, then Suits before the Judicatories would be exceedingly multiplied, Proceedings would be very Dilatory, and Judgements and Decrees Arbitrary.  
And first concerning Arbitrary Power, and how it is settled in the Judicatories through the many parts of the body of this whole Bill: And then concerning the multiplying of Suits, the increase of Charge, and delay to the People, and Judgements made to be Arbitrary without benefit of Rules of Law, in the method as they are placed in the Bill.  
The avoiding of Arbitrary power, and the Defence of our Lives, Liberties and Proprieties, were the just grounds of the late War: On this Foundation a Conscientious man may rest quiet in his spirit from being guilty of the blood of many thousands which have been slain in these Wars.  
Every one will, or at the le ast will seem to detest Arbitrary Authority in Judicatories, if that be barely in question, that the People may not only be called, but be a free People: But if Arbitrary power be introduced, though they who do act it do not intend it, yet the bondage of the free People of England is the same: Such actors are not so culpable as they who design it, but the free People are not less Slaves.  
Now that Arbitrary Authority would by this Bill be introduced, is evident.  
The Bill makes the Judicatories to consist of Judges ignorant in the Laws, the Rules by which only Judges are to Judge. This is the most certain and dangerous way to cause the Judgements which they shall give, to be Arbitrary; for thereby the benefit which might be had by the Laws, is not only rendered ineffectual, but those Rules also, which when understood, are Rules of Freedom, by not being understood, are made Scourges for executing Arbitrary Authority under colour of Law. It hath been a Rule, that Prima conditio judicis est scientia: And it was well observed of that famous and learned Judge Sir Ed. Cook, who speaking of a Judge, said, ubi non est Scientia, non est Conscientia. The right understanding of Statute and Common Laws, to know the Common Laws, and how far altered by any Statute: To understand the Statutes, to know the Statutes, or parts of Statutes which are in force, and which repealed, and how, and how much, and when revived, what is recital, and what positive, is a work of great industry, and cannot be acquired but by many years study: And those Judges who are not so studied, must needs be blind Watchmen, the People being more likely to suffer for the ignorance of the Judges, then their own offences.  
Authority in Judicatories is a Sword in the hand of Judges.  
When it is managed by good and understanding Judges, according unto Rules, it maintains right and freedom, it punisheth Malefactors: If this Sword be in the hand of ignorant Judges, though well-meaning-men, yet at the best it doth but cut at random, and whosoever comes within its reach, is in danger to be wounded by it. We need go no further then our own times for an example of this; The Lord of S. Albons, Sir Francis Bacon, was Lord Keeper of the great Seal, when Sir Julius Caesar was Master of the Rolls: The Lord Keeper was an understanding, but a corrupt man; the Master of the Rolls was an ignorant, but a wel-meaning-man; and yet it is observed, that the Master of the Rolls did make above twenty unjust Orders for one that was made by the Lord Keeper. The Lord Keeper was unjust when he was bribed; Ignorance in the Master of the Rolls was a perpetual Bribe: an ignorant Judge may possibly give a just Judgement, as a blind man may catch a Hare: but no Judge can judge justly, unless he do judge with knowledge and understanding in those Rules whereby he is to Judge.  
The Spencers were charged among other Articles for procuring the King to make Sir Hugh Spencer the Father, 
In the Book of Statures, called the old Magna Charta, fo. 51.  Sir Ralph de Bassel, Sir Ralph Camoys, Sir John Inge, and others, Justices who were not conversant in the Laws of the Land, and were banished for it, as is expressed in the Act of Parliament for their Exile: Ignorance in a Judge was heretofore esteemed the disinheritance and destruction of the People. An unskilful Judge is an Idol-Shepheard, who hath eyes but sees not: he is a blind Pilot, whose Errors in the Steerage, the mariners, be they never so skilful, cannot help: Fortune is pictured blind, and was of old called the blind Judge.  
It is a Maxim in the Civil Law, That Ignorantia Judicis est calamitas innocents, the parties sufferings being from the Judges want of knowledge, and not from his own guilt. Saint Paul answered cheerfully before Agrippa, 
Acts 26.3.  because he knew him expert in all the Customs and questions among the Jews.  
Sir Edward Cook saith, That the Statute of 11 H. 7. cap. 3. which enables Justices of the Peace to determine Informations upon penal Laws by their discretions, had a fair flattering Preamble, pretending to avoid divers mischiefs which were to the high displeasure of God, the great let of the Common Laws, and great let of the Wealth of the Land; but was, and by the effect appeared to be an Act made to the high displeasure of God, the utter subversion of the Common Law, and the great let of the Wealth of the Land, and was therefore Repealed, 1 H. 8. cap. 6.  

County Judicatories.  
That in every County in England( except London and Middlesex) there shall be a Court of Record, called the County Indicatory, which shall have power to hear and determine all matters, &c. 
Vide Sect. 2.   
That the said judicatory shall consist of five Indges, &c. 
Vide Sect 3.   
FOur of these five may be persons ignorant in the Laws, and it may be presumed they will be so, since the Electors must be Justices of the Peace, and the Elected must be Inhabitants of the County, where there is scarce any one( except London and Middlesex) which will afford two persons who are well studied and understanding in the Laws.   

Appeals.  
And be it further Enacted, That in all Civil and Criminal Causes there may be an Appeal from the said Counties, &c. 
Vide Sect. 2.   
THE County Judicatories may consist of ignorant Judges, but the highest Court of Appeals must consist of none but such: The words are, None to be pleading or practising Lawyers, Iudges, or Officers in any of the said Courts: But it is all one to say, it shall consist of no Lawyers, as of no practising or pleading Lawyers, since there is scarce any Lawyer which is not in some practise, unless he do want understanding in his Profession; And the Remedy in Paragraph 4th( that one Judge of the said three several Courts, shall by the rest of the Judges of the said several Courts, upon notice of the said Order, be appointed to join with the said Judges of Appeal in hearing of the said Appeals; and two of the said three Judges, not being a judge of the Court where the Cause did depend, to join also in determining the same; and what the said Nine Iudges, or any five, or more of them shall determine touching the said Appeal, shall be final) doth help no further then to show only for the mayor part of the Iudges to consist of ignorant persons, and the mayor part is the Court; and it is seldom otherwise found, that none are so averse from being directed, or do so much follow their own Wills, as ignorant Persons, whenthey are in Authority.  
Now to take some Instances out of the very many in the Method as they are placed in the Bill, in which Bill because the same inconveniencies fall under several Heads, I therefore Repeat the same Answers.   

Registers.  
Be it Enacted by the Authority of this Parliament, that at the Second Sessions of the Peace, to be holden next after the passing of this Act, &c. 
Vide Num. 1.   
REgisters ought to be able Clerks; the Clerks in Courts are by the Law of England to be chosen by the Iudges of the Courts, who know best whether the Persons be able to discharge the Duty of their Places; but here the Grand-jury are to make the choice, who do not understand what Clerkship is.   

Registers.  
And be it Enacted, that every Person or Corporation, which hath or shall have any encumbrance upon the Lands, Tenements or Hereditaments of any other, shall enter the same, or the effect thereof; &c. 
Vide Num. 4.   
THe People must register all their Deeds for the time past; then many thousands will be made guilty of undoing themselves being made to discover the flaws in the Title of their Estates, though occasioned by the loss of some Patents or Deeds in these troublesome times.  
Thus may the State be entitled to most of the Lands in England; hence also will the Commonwealth swarm with Informers, Prowlers, and Searchers into others Titles, and it may be observed, that the countenancing of Informers by some Statutes was a main Cause of multiplying Suits; scarce any will enjoy his Estate in quietness, but some or other will be incited by these Prowlers to question it: whereas by the Law it is Criminal in a councillor or Attorney to discover any Flaw in his Clients Estate; yet here every man himself is made to lay open all the Flaws in his Estate to every Prowler; All that can be alleged for looking back to the time past, is, that otherwise some Purchasers may be defrauded, which if well examined, will be found to be the Case of very few, but such only as suffer by their own negligence; but were it so, can it be reasonable that so many thousand as shall not buy or sell any Lands, must be Ruined to prevent a few Purchasers from being deceived? besides, the People for the time past and time future, must Enter their Deeds, or the Effect of them in the Registry: Thus are all Mens Estates brought into most desperate hazards; The Effect of a dead to be made a Record, was never a Law among Rational Men, the Law of England abhorreth it; Juries, who must find whether the Effect was registered according to this Bill, if it were made a Law, are by the good Old Law, to find the Fact upon the truth and the whole truth: Thus the Party who enters the dead, and a Register, may raise great Estates unto themselves out of the ruins of other Mens Estates.  
These are great temptation unto Forgery.   

Registers.  
And the passing of any Estate by a fine, to be levied with Proclamations, or without, from the time of settling the County-Register according to this Act( as to any Manors, Lands, Tenements or Hereditaments within the same County) is to be no more used. 
Vid. Num. 13. to the end of the first Paragraph.   
PArents when they mary their Children, any who Purchase Land or Lend money upon security of Lands, when their council see the Deeds whereby the Title is made good, and a Fine thereupon, by reason of that good and certain Record, a Fine, they advice their clients to proceed, yet by this Bill that certain Record, a Fine, is taken away; And though the Purchaser should earnestly desire it, and of his own voluntary mind would be at the Charges for a Fine, yet he cannot have that assurance which his council and himself do conceive the best for him. The Parilament 19th of Edw. 1. Declares there was no more Solemn Testimony or greater Security of any mans Estate, then by Fine.   

Touching the Chancery.  
Be it Enacted by Authority of this present Parliament, that the Court of Chancery shall hear and determine all Causes of Equity, &c. 
Vide Sect. 1.   
That the showing a Decretal Order of the Court under the Registers hand to the Party, who is to observe the same, and Leaving a Copy thereof with, &c. 
Vid. Sect. 32.   
THe Judges of this Court are to hear and Determine all Causes of Equity, and they themselves are Judges whether all Causes( except some few wherein they are restrained) be not Causes of Equity; And whatsoever they shall arbitrarily Order or Decree, is to be executed as strictly, as any Judgements in any Court of Westminster, which are given according to the Rules of Law: which was never heard of in this Nation until this Bill. Executions as at the Common Law never serted or suited with any Arbitrary Authority; the bodies of the free People are to be Attached and Imprisoned, their Lands and Goods taken from them, and why? they know not further then the Judges in their Opinions think to be Equity, and say it is so. It is very true, it that much of this Power as to Imprisonments and Sequestrations hath heretofore been exercised in the Chancery, but never was an Act of Parliament for doing so.  
The Encroachments of Arbitrary Authority in Chancery upon the Law, Evil in themselves, are in this Bill to be made Good by Law. This Court as a Court of Equity, is the only Court in Westminster-hall which is not tied unto Rules; and therefore of all Courts it ought to be less in Power; yet it is hereby increased in Power: Whosoever will examine it, may find that by the ancient Law of England, the Chancery was heretofore a very Ancient Court, but was only a Court of Law tied unto Rules as other Courts were; And that the Arbitrary Proceedings by Bill and Answer, private examination of Witnesses, and Decrees thereupon, are mere Encroachments upon the Law, not known before the time of Hen. the 6 few in the time of Hen. 8th; for Sir Thomas Moor, who was then Lord Chancellor, did red, or hear red every Bill before a Sub-poena was granted.  
The Chancery as a Court of Equity, 
37 H. 6.141. 27 H. 8.18.  is no Court of Record; it cannot bind either the estate of the defendants Lands, or property of his Goods or Chattels.  
Trinity 3. Jacobi in the Exchequer, Egerton Lord Chancellor, imposed a Fine on Sir Thomas Themilthorp, for not performing his Decree in Chancery concerning Lands of Inheritance; The Fine was Estreated into the Exchequer: And upon process the Party appearing, pleaded that the Fine was imposed by the Lord Chancellor for not performing his Decree, and that he had no power to Assess the same; The Attorney General confessed the Plea, and demanded the Opinion of the Court of the Power of the Lord Chancellor in this Case; And upon Debate and Advisement taken, it was adjudged that the Lord Chancellor had no Power to Assess any such Fine, and thereupon the said Themilthorp was discharged of the Fine.  
In the Articles exhibited to Hen. 8th against Cardinal Wolsey, December 21. Hen. 8th the 20th Article is, Also the said Lord Cardinal hath examined divers and many Matters in Chancery after judgement thereof given at the Common Law, in subversion of the Laws, and made some Parties restore again to the other Party condemned, that which they had in execution by virtue of the Iudgment at the Common Law.  
And when Matters have been near at Iudgment, 
26 Article.  by process of the Common Law, the same Lord Cardinal hath not only given and sent Injunctions to the Parties, but also sent for the Iudges, and expressly by threats commanded them to defer the Judgement, to the Utter subversion of the Laws, if the Iudges would have so ceased.  
The Complaints of the People are many and great against the delays, Chargeableness, and Arbitrariness of the Laws; but if they were asked wherein; not one of a thousand but would instance in the Chancery, where Causes last from Generation to Generation; and the true reason is, for that the Decrees are Arbitrary, and not confined by Rules.  
A councillor at Law will give it under his hand to his Client what the Law is in the Case which is brought unto him, because he adviseth by a Rule; he knows by it what the present and succeeding Judges must do, because they can only judge by the same Rules by which he adviseth his Client, and the Iudges understand these Rules: but no councillor will give under his hand unto his Client, what the Chancery will do, because that judgeth without a Rule: and though a Decree be made in that Court, yet no Lawyer will therefore assure his Client of his Title by that Decree, but that the next Lord Keeper, or Commissioners for the Seal, may Decree the contrary, and the reason is, because their Decrees are made by no Rules.  
If a Court were to be made for the Arbitrary humours of some private persons to be Iudges therein, this Court thus constituted, might svit with a judge of the highest ambition.   

Chancery.  
And they shall in all Cases pronounce their Decree presently in Court at the Hearing, save in Cases of very great difficulty, and there not to exceed ten dayes, and not to have council heard the second time in the said Case. 
Vid. Sect. 27. at the end.   
OF all Cases, certainly in Cases of very great difficulty, council ought especially to be heard the second time, or oftener, as long as the difficulty remains. The Clients Case is difficult, he himself cannot explain it, and his council that can, must not, or else the difficulties are known only to the Iudges, which if his council, who are studied in the Case knew what difficulties remained with the Iudges, they could easily satisfy, but they must not be heard.   

County-Judicatories.  
That in every County there must be a Court of Record to hear and determine all Civil matters( except real Actions, of which there is not one amongst ten thousand) and all Criminal Matters. 
Vide Sect. 2.   
THus are even all Causes concerning Life, Liberty and Propriety( which according to Rules the free People of England may challenge as their Right) to be tried before ignorant Iudges, who not knowing the Rules, cannot judge according to Right; And the appointing of one of the Iudges of Westminster-hall to be Itinerant, and one in every of these judicatories, cannot help, since he is but one, and the Case is to be judged by the mayor Part as aforesaid.  
Whosoever hath to do with any other judicatories( except the Courts in Westminster-hall) knoweth that the proceedings in those judicatories are more chargeable and more Dilatory; and the judgements and Orders more Arbitrary and grievous then in any Courts of Law in Westminster-hall; And yet these judicatories are but as Probationers, as standing upon their Good Behaviour, Reasons for most exact Cautiousness of well demeanour; what is to be expected if they were settled Courts?   

County-Judicatories.  
That no Argument by council shall he admitted upon special Verdicts or Demurrers, touching the exposition of any Act of Parliament. 
Vid. Sect. 36.   
By this, Councellors in Law are not permitted to be heard in the most intricate and difficult Cases in Law. If it be well examined, it will be found, that among all the special Verdicts and Demurrers, there is not one to be found of many thousands which is upon a mere point of Common Law. Nor scarce one in many years. From hence the Care taken by the Legislative Power, to make good Laws with much industry,( which when they are well studied, and compared one Statute with another, and all the parts of a Statute together, are excellent Rules of Freedom) are by not being understood, like to be enacted into Arbitrary Judgments, to avoid which, the Acts were made.  
If special Verdict upon Statutes be prohibited to be argued by Lawyers, they must be prohibited to be found by Juries, for the Jury finds especially, because not knowing the Law themselves, they ask the opinion of the Court; and that the Law therein may be well judged, Counsel Learned in the Law are heard therein. If Lawyers must not argue Demurrers, then Demurrers must be prohibited. Who demurs? The council learned in the Law, because they take not the Law to be as the other hath laid in his Declaration or Plea. If he that demurs may not show why he demurs, what more strange to Reason? and certainly no honest understanding Judge can accept of a Patent with a limitation that special Verdicts and Demuurrers upon Statutes be not argued by council before them.  
Of what great Consequence the constituting of several Judicatories in every several County( and the Courts of Westminster-Hall to be ciphers as aforesaid) may be to the disunion of the Commonwealth, 
Concerning the Judicatories to be placed in the several Counties.  is worthy of very serious consideration.  
And here I shall( and as briefly as a case of such great consequence will permit) set down the true necessity to the good of the Commonwealth, that the Law should be in one place, as in Westminster-hall, both in the Rules and Forms of proceeding as formerly, and the destructive inconveniencies to the Peace and welfare of the Commonwealth, if it should be in the several Counties.  
The Law when one and the same over all, unites and consolidates the several Counties into one entire body politic.  
It begets in each Member a sincere Love to all, and in each a real desire for the good and welfare of the whole; and that from Love of each to themselves, that surest Principle in Nature, Self-love, the welfare of each depending thereupon; what State or Person but loves itself better then any Neighbour?  
It puts all the Counties into a capacity and ability to provide for the welfare of all, for defending themselves against Foreign invasions, all being under Law, for the mutual Good of all; whereas if under several Laws, there must be Treaties of mutual assistance, Jealousies of each other will be unavoidable.  
Proceedings cannot be Dilatory; the several Counties will attend upon several Interests, continual differences and debates in not performance of Articles betwixt the several Counties; we cannot forget the truth of this in our late Treaties with the Scots; Caesar in his Commentaries speaking of the British wars, saith of the Britains, Dum pugnant singuli, vincuntur universi, and that was the means which facilitated the Conquest.  
It enables each County the better to preserve the Rights and Liberties of the whole Commonwealth; for each one will thereby have a deep sense of the subversion of the Law, or of a false construction put upon the Law in any place, because each one is concerned in it in his own particular; for though one false Judgement doth not at first fall but upon one Person, yet in the Rule and consequence all are concerned; the Judgement against shipmoney was against one Person, yet we know what a tender sense presently all England had of that judgement.  
When the Law is one and the same, it carrieth on traffic, Trade, and all Commerce between Parties; One born and inhabiting in the Mount in Cornwall, if he remove his Dwelling to Berwick or any other part of England, he knows how to buy or sell Lands or Goods as well as where he was born, and how to demean himself, and to repair any injuries to his Person or Estate: whereas if the Law should be different in the Counties, who so goes out of his own County, goeth as into a foreign Nation.  
It prevents feuds, quarrels, and shedding of blood, which if cantonized, would inevitably follow about extent of limits, concerning Jurisdictions and Usurpations one upon another; Love and Lordship seldom sit in one seat, beside perpetual jealousy concerning the equality of Administration of Justice, when any thing is done in one County that may any way concern another County; Amongst the several Commonweaths of the Greeks, more blood was  shed of their own about the differences amongst themselves, and in a much shorter time, then when invaded by the Mighty Armies of the Persians. Under the Saxon Heptarchy more blood of their own was  shed by reason of the differences amongst themselves, and in a much shorter time, then in their Conquest made of the Britains; and notwithstanding all victories obtained by the English upon the welsh, the differences could not be put to an end, until the Law of England and Wales was made one and the same, till the English had Estates in the several Counties in Wales, and the welsh in the several Counties of England; the setting up of County-Judicatories will be so far from producing the ends propounded, as they will certainly produce the contrary, less equality, less speed, and more charge to the People.  
As to equality, Justice is best administered when the Judges have least Relation to the Parties and Causes; but if such Judicatories should be confined to every several County, the Kindreds, and friendships, and factions would prevent all Justice.  
The Delay and increase of Charge must be much more: The very Contests about Jurisdiction, as in all personal, transitory and mixed Actions, where more charge will probably be in the way of proceeding, then is now in the whole cause, concerning in which County the Action should be brought; Lawyers of several Counties must be advised with, Failor of Justice will often follow, as in Criminal causes, where the Felons get from one County into another, so in Causes of Debts and Executions thereon, in one County judgement is given, Execution to be had in another, and when that Execution is to be, that County will disallow of the judgement given in the other, Sheriffs and other Officers will not execute such Judgments. The Interests of Rigths and privileges of each County, as they will term them, will protect Malefactors, and stop the whole Course of Justice; our own experience manifests this truth in the Courts of the Marches of Wales and the North.  
But if it should be said that by this Bill the Law is to be one and the same, though administered in the several Counties: this will be found erroneous to such as shall think so, and destructive to the Liberty and Propriety of their own Posterity, and all others.  
For though one Rule be given to all Counties, yet when the many thousands of Causes come to be Determined in fifty several Judicatories( for there are so many Counties) the Rule cannot continue to be observed by all.  
Take the clearest Rule in Divinity or Law, and let fifty several Persons or Judicatories have Power definitively to determine causes depending upon that rule; And let any man consider what will follow? What various and several Judgements of Divines are on the Ten Commandments, and on each of them?  
In points of Judgements, what various resolutions will be? whether the Rule extends to the Cause in question, concerning the Decrees of punishment, which cannot be made certain, circumstances altering each case; and concerning the forms and proceedings before and after Judgments.  
The several and contrary interests in the Counties will make several and contrary constructions of one Rule, and continual quarrels and bloodsheds thereon: In each County the Judges will expound the Rule according to the several Interests in the Counties, some for what may concern Maritine Counties, others for what may concern Inland Counties, some for Champion Counties, some for enclosed, each for every particular commodity of every several County; so many Judicatories, so many several Laws. The Saxons at first, as one Nation, so under one Law in England; but when fallen into Heptarchy, they had so many several Laws as several Kingdoms.  
The Roman Laws were the twelve Tables, but when that Rule was executed in several Provinces, the Laws in the Provinces soon became so different, as that the Law in the twelve Tables is not now the municipal Law of any one Nation.  
England is under one and the same Law in the Courts of Westminster-hall, but it cannot in reason be imagined, that the Law will continue one and the same, when as in each County all Causes are to be determined by Judges, Inhabitants of the several Counties;( for all but one of these Judges are to be such) It is not to be imagined, that these Judges should all of them give one and the same Iudgement upon same Case, and they are ignorant in these Rules the Laws whereby they are to judge, but their judgements must needs be various even in several Counties.  
Whosoever hath his Estate lying in several Counties, will be forced to sell it and lay it into one County; for if he do not inhabit where his Land lies, and where his Cause is to be heard, and be acquainted with his Iudges:( being ready to requited as they call it, one good turn for another, and his Adversary is an Inhabitant there;) it is more then probable the Cause will go for their countrymen; the wisdom of our Ancestors was such, and so sensible were they of this Act, that they provided by the Statute, 8 Rich. 2. Cap. 2. no Man to be a judge of Assize or Gaol-delivery in his own County. And the Statute 33 of Hen. 8. Cap. 24. calls this to be a good Act, and sets the penalty of an hundred pounds for every Offence; so jealous were our Ancestors of having Iudges biased in their places, as by the Statute 20 Rich 2. Cap. 3. No Lord or other of the Country, little or great, was to sit upon the Bench with the judge of Assize in their Sessions; Parliament 33. H. 6. Numb. 44. No Brewer to be a Maulster or a Cooper. 45. E. 3. Number 27. No Mayor to keep a Victualling house during his Majorality, because he may favour himself in the Assizes of Bread and Beer. 15. Rich. 2. Numb. 41. No Fuller can be a Clotheir, Numb. 48. A shoemaker may not be a Tanner, 21 Jacob. Cap. 21. No ostler may make horse-bread, yet any of these by this Bill may be a judge, and in his own County, where he judges his Creditors and Debtors, and Determines the Law between his Customers, Kindred, Strangers, Friends, and( whom he shall think) his Enemies.  
By the good old Law, a judge was disabled to be a judge in that County where he was inhabitant; by this Bill he is disabled from being a judge in any other County judicatory, but only in that wherein he is inhabitant, and he that is a juror must be a Freeholder by this Bill, but the judge may be a Beggar, provided he want Law; A good Lawyer in Cornwall is a good Lawyer in Cumberland, but then no Lawyer will know the Law of any County, but that wherein he liveth; and whosoever hath a Cause depending in any County remote from his habitation, must not then advice with his Neighbour, though a very Learned Lawyer, but with some other of that County where his Cause depends; This will be very chargeable indeed to the People, besides the breaking off that Chain whereby all the parts of the Commonwealth are linked together; And the Union of the Commonwealth of England, in one Body, and under one Parliament, cannot long consist without the Union of the Law under judicatories at one place, as in Westminster-hall.  
The chief Corner-stone for the Good Government of this Nation is, that the Law be one and the same.  
All Causes are now under these three heads.  
Concerning the Peace. For Civil Causes between Party and Party. And concerning the public Revenue. And for these, are the Courts of Upper Bench, Common Pleas, and Exchequer; and where all Causes may be determined orignally, or secondarily, lesser Causes may be heard in Court-Barons, Leets, Corporation Courts, and such like; but upon any mistake of the Law, or maladministration, they may be brought into one of these great standing Courts, as to the Sandard, whereby they may be made valid or voided: And it is to be observed, that although the Inferior Courts can proceed but in lesser Causes, yet such are the mistakes in Law, and their unjust Administrations are such, as search one Cause of a thousand, if the Party be able to follow the svit, but is removed unto one of the Courts in Westminster-hall.  
From these three Courts, the Judges twice every year go into the several Counties, and bring execution of Iustice to their own Doors, to prevent delay and Charge; yet for preservation of the Law in Unity, when the matter of fact is tried at the several Assizes, the Clerk of the Assizes brings up the Verdicts( without any Charge for that to the People) and the judgements are given in the several Courts where the Actions began, and execution awarded to the Sheriffs of the several Counties where the Action was tried; and the Charges at the Common Law are not the greater for being thus heard, and determined in the Courts of Westminster-hall; For an Attorney or Solicitor will have as much of one that lives in Westminster, as of one that lives in Cornwall or Nothumberland.  
The Municipal Law of the Jews, by the appointment of God, was the same for all the twelve Tribes( which were as so many Counties) The Jews had many several Courts in each Tribe, so we in our inferior Courts. But the supreme Court, the Sanedrim, was always fixed at one place, at jerusalem, so ours at Westminster-Hall. Upon mistake of their Law, or ill administration in the inferior Courts, their Causes were brought to the Sanedrim, so ours from the inferior Courts to Westminster-Hall, that( as the several Tribes had but one Law) it might be thus preserved to continue to be one and the same to all.  
By Section 27. Chancery, No council is to be heard the second time.  
By Section 36. County-Judicatories, No council is to be heard upon special Verdicts, and Demurrers upon the Exposition of any Act of Parliament.  
BY these, very much of the practise of Councellors at Law is taken away: It is made Extortion in any councillor at Law, Clerks, or Officers, to take any more then is set down by the several Tables of Fees: and the Fees there are made such as cannot give a competent subsistence unto them in their Calling. Thus the Profession of Lawyers and Officers at Law is taken away: the Professor hath a propriety in his profession, as he hath in his goods; the Law making a hedge about every mans Vocation, as well as about his Person and Estate.  
Wheresoever the means of maintaining any in their Calling is taken away, there is done as much as human power can to take away the Calling itself, or any benefit thereby to be had. The councillor at Law, who must study many years before he can be fit to advice or pled; after those many years spent, to their great charges and pains, must by this Bill have but twenty shillings for any Argument at Law, or hearing in Chancery; whereas that very one Cause may take him up a weeks time before he can rightly understand his Clients Cause, and also many days attendance at the Bar for hearing it; and though the Client out of Conscience to recompense his council or at Law for the pains taken in his business, would give him more, yet the councillor at Law must not take it, for it is Extortion so to do.  
Then the Fees( except to two or three Offices, which may therefore be questioned to what Meridians they were fitted) to the Clerks and Attornyes are such, as their Servants places are now much better. Thus will their Callings be lost, for many petty Trades will afford better maintenance, or which is worse, those persons which will then follow these callings, will be such as are altogether unfit to discharge the Duties of those Callings.  
The Office of the Kings Attorney in the Kings Bench, granted to Thomas Winter, 
M. 5. E. 4. Rot. 66.  was judged absolutely voided, because he was unskilled in it; and there it is said, That it is not possible for any to execute that Office, that was not versed therein from his youth.  
Brook, 
M. 4, & 5. Ph. & Ma. Dier. 150. Num. 1.  the chief Justice of the Common Pleas, gave the Office of a Prothonotory to Gatacre, his brother in Law, which was there said to be all the Law he had: that Grant was held absolutely voided, because Gatacre had no skill in the Place.  
Smith, Bishop of gloucester, made his son in Law Sutton his Chancellor, who because he understood not the duty of that Place, it was resolved that that Office, a Place of skill being granted to an ignorant person for life, that the Grant was voided, and that Sutton gained no Freehold by it.  
If any rational man will seriously consider it, he shall find it to be very certainly true, That to enable men unto the right understanding of the Common-Law, and Statute Laws, and proceedings therein, do require a profession of Lawyers Clerks and other Officers, and also many years study and practise therein.  
To understand this Bill, will require a Lawyer of extraordinary abilities: it will take him up much time and study, and his abilities will appear very extraordinary, if after much pains and study he can understand it.  
If the means to maintain Lawyers, Councellors, attorneys, Clerks and Officers belonging to the Law, be too low, then the Professors of that Calling will be persons of mean spirits and parts: A competent recompense to a councillor at Law, Attorney, Clerk, or other Officer, who shall faithfully and judiciously advice their client, or manage or pled the cause, is as due to him, as a recompense to any for any other labour, and it is as well bestowed upon them; otherwise a crafty and a false Prosecutor meeting with an ignorant judge( and Ignorance in a judge is seldom unaccompanied with Corruption) will bring them who are honest, and endeavour to protect themselves, no further then the Iustice of their Cause will defend them; And many thousands who cannot themselves set forth the Iustness of their Cause, to the want even of very Food and Raiment.  
In all Ages we find that there have been, and there now are some Conscientious Lawyers, Persons of Ability in their Calling, of Parts and spirits able to discharge the duties of that Calling; want of Competent Means hath not biased them out of the way, Fear of any judge or other whatsoever hath not deterred them from pleading faithfully and boldly for their Clients; Nothing more encourageth a man, then when he knoweth what he saith is right, which will protect him, or else satisfy his mind to suffer for the Right.  
By this Act Councellors of Law, and attorneys are enjoined promissary Oaths, as Councellors of Law and attorneys; And such Oaths as Persons who are Conscientious are like to refuse, as snares at the best to honest men, but no obligements unto others who scruple at no Oath, nor will make Conscience to keep any.   

Appeals.  
Be it Enacted by the Authority of this Parliament, That all the Iudges in the Courts of Chancery, upper Bench, and Common Pleas, shall be eligable at the end of every third year, &c.  
AN Excellent Law, if the time were much shorter for Persons exercising Arbitrary Authority: But for the Iudges of Westminster-hall, who cannot judge, neither are to be obeied, but according to known and certain Rules; To be chosen every third year, will be very prejudicial to the People; for, Experience and practise enables them the better to discharge the Duty of their places; The longer they continue, while they demean themselves as they ought to do, the more fit they are for their places. The Desires of Parliaments have been for Iudges to continue in their Places, Quam diu se benè gesserint.  
It hath been complained against in the Parliament, when the Patents of Iudges were not so, as was indeed a Grievance to the People. Paul answered cheerfully before Foelix, because he had been Judge there many years, in Act. 24.10. The words are these.  
Then Paul, after that the governor had beckoned unto him to speak, answered; For as much as I know that thou hast been of many years a Judge unto this Nation, I do the more cheerfully answer for myself.  
It hath been said of Old, that an unexperienced Judge, and a young General, are the diseases of Peace and War.   

Appeals.  
BY this, 
Vide Paragraph. 3.  every special Cause is to have several Judicatories; Two Causes of the same nature may be tried at one time, and various; or one Iudgment contrary to another, be given in the highest Court, the Court of Appeals; For they cannot follow Rules, who know not those Rules; For none of those Judges are to be pleading or practising Lawyers, Iudges, or Officers of any Court, as aforesaid in Paragraph. 2. And thus all Causes in Law may be heard before the Iudges of Appeal only; for what they will say are unjust proceedings before judgements or Decrees, must be so: And these ignorant Iudges are appointed to do Impossibilities, for they are to proceed according to the Course of that Court where the Cause first depended, who are made uncapable of knowing the Course of any Court, for none of them are to be pleading or practising Lawyers, Iudges, or Officers in any Court as aforesaid, in Paragraph. 2.   

Appeals.  
That after the Judgement in any Criminal or Civil Causes, upon any Injustice in Judgement, or Proceedings, there may be an Appeal from the Courts of the County-Judicatories, and the Courts of Record in London, &c. 
Vide Paragraph. 9.   
HEre lies Appeal upon Appeal, to the great Charge, Delay and Grievance unto the People, in a new and unheard of way. The Appeal upon points of Law is to be from Persons understanding the Laws, to Persons ignorant in the Laws.  
Here the last Appeal for Law, which certainly ought to be to them which are most understanding in the Law, is hereby to be to those Persons who are most ignorant in the Laws; to wit, unto Twenty, of which none to be pleading or practising Lawyers, Iudges, or Officers of any Court, as aforesaid.  
The Life of Man is precious in the sight of God, and ought to be so among Men; And a Trial before Judges who are understanding in those Rules, whereupon Life is in question( and before such Iudges only) is the just Right of every one; But here a Trial is to be first, before such Iudges as know not these Rules, and in the County-Indicatorie, and an Appeal afterwards unto the Courts of Westminster-hall, is no recompense for such a loss of Freedom as the People now have, but the highest Malefactor, even the murderer may, and without doubt will make Appeal upon Appeal, to the Delay of Iustice.  
By this Bill, the pleadings in Law, which are by long experience reduced into Certainties, both for Plaintiff and Defendant, are taken away, and new Praesidents of Declarations are made, which if ever, must needs take up a long time before they can be reduced into certainty, to the very great Charge of the People, and to their delay in their Causes.  
Thus by this Bill the County Judicatories of Law may, and are most like to consist of Judges who are ignorant in the Law; And the Judges in Westminster-hall are made but ciphers, for here is an Appeal from them unto the Twenty, who can do no other then Persons ignorant in the Laws: The Calling of Lawyers, attorneys, Clerks, and other Officers of Law, are hereby destroyed; Since they cannot have a Competent Maintenance; Ignorant Judges cannot be rectified by understanding Lawyers; Judges, Councellors in Law, Clerks, Auditors, all will be ignorant; and thus in few years scarce any will be left who understand the Laws; the knowledge of the Laws will be lost in the Nation: And though perhaps it may be said, that these mischiefs would soon be so great and apparent, that they would cause a speedy return unto the good Old way; yet it is worthy consideration, that if it be so, yet the return may only look forward.  
The practise of the Civil Law is hereby wholly taken away; Our Neighbour Nations have seldom any but of that profession, in their Embassies and Treaties, and have received great Benefit thereby; and why should we be defective in Persons qualified for great and necessary employments?  
The Liberties and privileges of all Corporations, for the peace of these multitudinous bodies are hereby taken away: And the very Orders for regulating Trade, and the well managing thereof within the Nation, are at the least very much shaken; Merchants, and Merchandise from abroad will fail, and in the want of Merchants who shall Trade and traffic into Foreign Parts? our strength and defence at Sea will be lost, whatsoever upon sudden fancies may be conceived to the Contrary.  
The Union of the Commonwealth, under one and the same Law is broken into many pieces; Foundations laid for Cantons and Provinces, and many several Laws, by which the Commonwealth would groan under Factions and Civil wars, to the utter extirpating of the English out of this Nation.  
London and Middlesex, the Center for correspondency and Commerce of the whole Nation, are hereby not only made poor, but also the General place for repair of Wrongs, ending of Differences, making bargains & purchases, lending & borrowing Mnoies; by all which, the Commonwealth is kept in Motion, to the benefit and subsistence of the parts, for the maintenance of the whole in Union, will by this Bill be no more used for these respects; The Fairs and Markets will fail; they are to London as the several parts of the body serve the stomach.  
By very many other particulars in the heads of Registers, Wils and Administrations, County-Judicatories, touching Criminal Causes and Appeals, many ways will be used by crafty and false Persons to contrive wrongs, to encourage bribery and corrupting of Judges, to ruin Orphans and Widdows.  
Rules and Laws are the only Difference between free People and Slaves. No people can be a free people whose Authority in Judicatory is Arbitrary; But such only are free, where the Rules and Laws set down by the Legislative power, are above the Authority of the judicatories, and where these Rules and Laws being known, and rightly understood by the Iudges, are obeied and executed; where every one that doth not transgress those Rules, may as their right claim them, and be protected in their Liberties and Proprieties by them, and not to depend upon the mutable Will or Reason of any one.  
Rules are known, but it is impossible for any one to know what the Judge will think to be Reason; Mans Reason may be mutable upon every temptation, and oft-times follows the temper of his body; as his health or sickness, pleasing or froward humour is, so is his Reason various and uncertain.  
A good man dares not for his Conscience-sake undertake the place of a Judge, unless he know himself qualified for that Office; he will understand the Rules by which he is to Judge, both to guide him and to justify him; he will perform his duty with Courage and Confidence, the Rules will bear him out.  
The Judge that is left to his Reason, is more like to study what is called Reason in the will of those who are in Power, and to follow that rather, then to consider what is reason in the Cause before him.  
Whosoever endeavoreth to have Judges in the Judicatories ignorant in the Rules, the Laws, may as infallibly be known to endeavour to introduce Arbitrary Authority, as a three may be known what three it is, by the fruit it bears. It is very true, that many encroachments are in the proceedings in the Laws, most especially in the Chancery, crept in by Ignorant and corrupt Judges, and by Clerks and Officers for Administration, Sheriffs and other Officers for Execution: It would be a most excellent work to reform them; And the body of the Laws of England( when cleared from those encroachments) will be found by every one( who will compare the Municipal Laws of any other Nation with the Laws of England) to be the best Laws of any Nation, for the Freedom of the People in their Liberties and proprieties.  
It may in reason be expected from every public spirit, not only to tell what is evil in this Bill, but to endeavour in his place and calling, that what is amiss concerning the Laws, may be reformed.  
It is therefore humbly offered, That no Laws, evil in themselves, be introduced, for such are not capable of any amendment.  

To make some Instances.  
As the registering of Deeds, and encumbrances for time past.  
Placing of Judicatories in several Counties.  
rendering the Judicatories in Westminster-Hall ineffectual.  
To have any Appeal in point of Law unto any Judicatories above the Judicatories consisting of learned Judges in the Laws.  
Secondly, To reduce the Arbitrary proceedings in Chancery, to as certain Rules as may be.  
To order the Judges, and any other learned Lawyers, to offer what Laws, or proceedings in Laws are prejudicial to the Liberties of the People, that they may be repealed.  
To offer Laws for the further Liberty of the People, and herein they cannot be presumed to consider themselves; for whether they judge by the Common-Law, or by a former or latter Statute Law, all is one to their profit.  
To order the Prothonotories, and other Clerks respectively, as they are interested in the matters referred to them, to certify the encroachments in the proceedings in the Law, which cause delay and unnecessary charge to the People, brought in by any Judge, or others.  
To certify where any proceedings in Law may be amended, to the avoiding delay and charge to the People.  
To reform the great abuses in the executionary part by Sheriffs Bailiffs, and other Officers: In which Executions( when well examined) will be found very many of the Vexations of the people.  
By the new Laws, 
Register 131. A.  it is required that full and speedy Justice be done to all parties.  
All Writs of Praecipe quod reddat, are quod just & sine dilatione reddat, That he justly and without delay restore. All Judicial Writs are sine dilatione, without delay.  
It shall not be commanded neither by the great Seal nor little, 
2 E. 3. cap. 8. 14 E. 3. c. 14. 18 E. 3. St. 3.  nor by Letters, nor by any other cause to delay Right, and albeit such Commandment come, &c. that by them the Justice surcease not to do right in no manner.  
It is Enacted no Justice shall stay Justice, for any Writ, Letter of the great Seal, or privy Seal, or other Commandment whatsoever, against the Laws and Statutes.   

Thus it is evident the Law detesteth delay of Justice.  
The encroachments upon the proceedings in Law, are the cause of delay in Justice.  
If out of knowing Councellors in Law, Conscientious, able Iudges were chosen, and able and honest Clerks and Officers were set in Office, though the authority of the Law might for a time be overborne by arbitrary power, yet it would break forth again in splendour.  
The Examples have been many, that such as have endeavoured to destroy the Law, have been ruined by the Law.  
In the first of maccabees, Chap. 3. Ver. 29. which I mention no otherwise then as Historical, it is thus set down of Antiochus.  
Nevertheless, when he saw that the money of his Treasures failed, and that the Tributes in the Country were small, because of the dissension and Plague which he had brought upon the Land, in taking away the Laws which had been of old time.  
Rules: The Laws are the Land-marks of this Nation, they are the only marks of Freedom to the People, in their Lands and Estates, and also in the Lives and Liberties of their Persons.    DEUT. 27.17. 
Cursed is he that removeth his neighbours Landmark, and let all the People say, Amen.  
FINIS.