A PERSPICUOUS COMPENDIUM OF SEVERAL Irregularities and Abuses IN The Present practise OF THE Common Laws OF ENGLAND.  
WITH Several Queries and Proposals thereupon for Regulation of Laws, without the help of the Legislative Power, or new Law made.  
By D.W. of the Middle. Temple, Barrister.  
LONDON, Printed by T. Lock for Hen. Flesher, and are to be sold at his Shop at the sign of the thrre Cups in Pauls Churchyard, 1656.   

TO THE RIGHT honourable colonel William Sydenham, Captain Governor of the Isle of Wight, one of the Lords Commissioners of his Highness Treasury, and one of his Highness most honourable Privy Counsel, and an honourable Member of the present Parliament.  
Right honourable,  
THe serious consideration of that old Rule in Cicero, Non nobis nati sumus, said partim pro patria, partim pro Amicis, prompts my desires to public good, and summons me under your honourable Protection to expose to View this small Epitome or perspicuous Compendium of Irregularities in the present practise of the Laws of England, which are rudely and briefly propounded as an Essay to which men of greater Abilities and Experience, may facilely add that which may make the Laws of England, 
What the Law is.  under which( notwithstanding the Abuses interloped) this Nation hath flourished in peace and happiness so many ages, the most honourable and happy Nation under Heaven. 
Lex est commune praeceptum, virorum prudentium consultum, &c. Bract. lib. 1. f. 2. Lex est radius Divini Lumini●, & Recta Ratio summi jovis. Cicero in lib. de legibus. Summa Ratio Cook Inst. part. 1.  The Law itself in its purity is nothing less then the Perfection of Reason( Responsa prudentium) and consonant to the Law of God, grounded upon long experience, and so brought to perfection; per varies casus artem experientia fecit, and as Glanvile and briton agree, Experience and many trials of what was best for the common good, did make the Common Law.  
The Laws of England now consist of three parts; 1. The Common Law, 2. Customary Law, and that divers. 3. Statute Law, or Parliamentary Law; the scope of all( as Bracton saith) ut sopiantur Jurgia; & vitia propulsentur, & ut in regno conservetur Pax & Justitia.  
The most principal Precepts of the Law of God and of Nature, are Maxims and topics of the Laws of England; I shall touch but a few: 1. Deum Venerari. 2. honest vivere. 3. Patriae, Magistratibus & Parentibus obedire. 4. Alteri ne facias quod tibi non vis fieri. 5. Tollere nocentes e●… m●… dio propter servandum publicam salutem. 6. Suum cuique tribuere. 7. Proprietates possessiones rerum & usum distinguere.  
And for the Rules of certainty, which makes every Science more honourable, the nearer to perfection; No human learning subjected to argument hath more infallibilities in its Rules, more 
* Vide Glanvil, briton, Cook, Lord Ch. Just. St. Iohns Speech in Parl. agree it.  coherence in its Membrana, or more Harmonical Reason within its self, & is so Connatural and essential to the Genius and innate disposition of this Nation( being formed silk-worm like) as no other Law can possibly regulate it. En populus sapiens, & intelligens magna! Deut. 4.  
This sacred Law is our best birth-right, 
Sir John Davis Reports, and Finch Law. Cooks Preface to Part 5. Rep.  a Rich Legacy to every English man, an invaluable jewel descendent from the bowels of Antiquity, bequeathed us by our Ancestors, and hath still been so entertained and embraced.  
Some Writers affirm that our Laws had their Progeny from William the Conqueror and some before him, from allured, Alfred, Canatus and Edward the Confessor: True it is, those were the Promulgators of several good Laws for the present Government of the people, introduced part of their Languages, & made some substantial alterations in Fundamentals( but more in Formulis Juris) as Insignia of their Conquests; but certainly our Law in its primitive institution is beyond the Envy of time or the Pen of man to assert, unless deduced from Moses the first Law-giver; but I shall decline this controversy, my age and time may excuse me; onely give me leave to assume the person of our Common Law, and as Cicero in Lib. de Legibus derives the Roman Laws from the great God Jupiter, to say( as one who writ an Encomion of her Praises) When the Laws of God and Reason first came in, then came I in.  
The Law is the Palladium of security, peace, 
Author justitiae est Deus secundum quod justitia est in Creatore, Bracton, lib. 2. cap. 3.  plenty and opulency, and they the fountain of sublunary felicity, the Rule of Justice; she's the Queen of all Moral virtues, and Soul of the Common-wealth; without her silver-glyding streams, who knows how to Rule? or the people to obey? If her splendent rays be once eclipsed, we may mournfully condole with the Poet, and say, Terras Astraea reliquit.  
Without her support where are our Heroes and Nobles Honors? our common Subjects and freeborn English Liberties? Without her protection the Rich man cannot be exempted from spoil, nor the innocent Doves from oppression; neither Religious nor Moral, virtuous or Vicious can enjoy his life or any thing to him dear or delightful; not the Usurer his Bags or Obligations, nor the Sensualist his pleasures but under her shade; without this Law and the due administration of Justice, there can be no commerce or Conversation amongst men, neither the Merchant can pass the Seas, nor the traveller the land, the Soldier be assured his acquired Possessions though with blood, nor transmit them to posterity, were not the Law his Sanctuary.  
That Government which is hinged upon her Marble Pillars is only happy; this Fortress protects the widow, the fatherless, the Orphan, the Stranger, Religion, and Religion her: In a word, mayor haereditas venit unicuique nostrum à jure & Legibus quam à parentibus. 
Bracton in lib. 1 stiles the Laws of England the Judgments of the just. Levellers first sprung up in the Pontificate of Gregory the 7th the Vice-God of Rome, & were then great disturbers of the Government, vid. Council of Trent. Erroris & falsitatis ea est natura ut nemine repugnant sensim per se ditabantur & evanescant, Cook 5 cap.   
Though this Law be so ancient, so just, so honourable, so certain, & the Government thereby so absolute necessary, as without it all would return into a Chaos of confusion, yet it hath some Enemies whose hatred is as ancient as their Names, as beings, as the dregs of the basest of the people, neither considerable for number nor worth, but of restless spirits, willing to embroil every where, dissatisfied with any form of Government, with any Laws, delight only in Novelties, pleased all in changes, affencted with no tenor but Gavel-kinde, yet bring many plausible and flashie Arguments( not worth confutation) to maintain their erroneous principle, not in the least convincing to any solid Rationalist, but are like young sophisters, who are wont to rail, and by that means to keep themselves from a Non-plus when they are not able to answer the Arguments forced against them.  
We are all Judges of our own inconstancy, and have had sad experiences in our dayes, how often we disagree with ourselves; what Repugnancies within us; how hurried and disprincipled with any thing that is new, and seldom without repentance, though often too late: Every one becomes his own phaethon: passion and affection so disorders and deprives Reason, that they rather seem chimeras then Men; surely then it's safer to trust laws then men. I cannot but conceive that he who would shake off the laws, will hardly be obliged by conscience.  
I shall not proceed further to vindicate the Common Law, or add to her Encomions, its Mysteries are not now locked up in hieroglyphics in Saxon and Norman language, most of it by the prudence of our Grandees displayed significantly in our Native language, & is sufficiently able to pled for itself( if permitted.) I need not mention the wisdom and care our Parliaments in all ages have had to preserve its honor and innocency; nor the indefatigable pains and vigilant care taken for its due preservation and reformation by his imperial Highness the Lord Protector, from whose Fountain of Justice all streams are conveyed to the subject, like the Sun who spreads light and virtue to all the creatures.  
If I should endeavour to mind your Lordship the reverend Estimation Acts of Justice have always had, how preserved to posterity in his Highness treasury as royal Jewels, & stil reputed no small part of Princely treasure, I must exceed the limits of an Epistle; the porch would be bigger then the house; and therefore must conclude, but yet cannot without ingratitude forget your Lordships care and vigilancy on all occasions of the public good and welfare of the Commonwealth, and therein of your own country; how highly is that person to be honoured whose true merits hath advanced him to transcendent places of honor? the greatest honor is due to the greatest virtues; your prudence and abilities in councils, your valour and magnanimity in the Field, and that which crowns all, your piety and zeal for the Gospels honor, hath justly instamped an Honorarium on your person, with an augmentation to your posterity; I humbly beg your honors pardon for my prolixity in detaining you from the public, & beseech your patronage for this small Treatise being the first Fruits of my labour, and therefore in duty a proper Oblation to your Lordship, which being cherished by your favour, may find reception from others, and be some ways useful in this Juncture of Affairs, to the great & honourable Senate in the present great Work of Reformation; which is the hearty desires of him that is ambitious of nothing more then to be his Highness and your Honors in the service of the Common-wealth  
Most faithful devoted humble Servant D.W. From my Chamber in the Middle Temple, Nov. 3. 2656.   

A COMPENDIUM OF Abuses in the practise of the COMMON LAWS OF ENGLAND.  
IT is to be admired how the laws of England under which England hath flourished so many ages, the maintenance whereof hath cost so much blood, and which have been confirmed by so many successive Parliaments with a peremptory Nolimus mutare should in this Age and Juncture of time and Affairs, fall into so great Reproach as they lye under. In searching into the Causes I conceive although the Spirit of leveling, and the desire men have to live as they list, without any restraint by the Laws of God or men, may have a great influence into that deep distaste that is cast upon them; yet it must be some other cause that moves men of conscientious and sober mindes to take offence thereat.  
And therefore it is very considerable whether something be not crept into the practise of the laws of England by the corruption of men, which was not in the Original Foundation thereof; which may justly provoke God to lay the practisers low, and their Profession open to reproach and contempt.  
And if the Foundation of Actions in any Court be laid in a lie, 
Foundations of Actions laid in ally.  or if the proceedings thereupon be manifestly false and feigned, how can any man expect a Blessing from God therein? And how can any man with comfort be an Instrument in such a svit?  
For instance in the Court of Common-Pleas, so called, 
Common Pleas.  in respect of the Common-Pleas there holden, which anciently consisted most in real Actions, 
practise of the Court.  and is styled by my Lord Cook the Lock and Key of the Common Law. No Action can be ordinarily, but by Original Writ of the Chancery, which is in the nature of a Summons, and directed to the Sheriff, whereby the Defendant should have notice of the Action and particular cause thereof; and this must bear date 15. dayes before any other Process can issue: And if the Sheriff return a Nihil, then a Capias, & Alias & Plures are to be awarded each to bear Date 15. dayes after the other; and if the Sheriff upon each of these return a Non est inventus, then to proceed to outlawry, that so his Estate may be seized to cause appearance to the action, and to prove all these necessary. Upon a Writ of Error all these are returned as if they were directly awarded, returned and filled; and if any be wanting or misreturned, the Plaintiff is overthrown in his svit.  
Yet to elude this just Court, the Plaintiffs Attorney takes out a Capias, Alias, Plures and Exigent, and proceeds either to get the Defendant arrested, or else outlawed; and at the return of the Process takes out an original Writ, which he returns himself in the Sheriffs Name; and also returns the Capias, Alias and Plures in his Chamber or elsewhere in the Sheriffes name, whereas the Sheriff nor his Deputy never heard of them, and then files them as if duly awarded and returned.  
By which means,  
1. 
Abuses.  The great Seal of England is abused and antedatedd.  
2. The Courts of Judicature( where proceedings should be all in Truth, Righteousness and Judgement) abused.  
3. The Sheriffs( who are sworn Officers and lye under an Oath, duly to execute and return the Process of Law) are injured and endangered by false Returns in their Names.  
4. And lastly: The Defendant much wronged, and the Plaintiffs neither disburdened in Charge nor expedited in their suits, but all done for the Attorneys, Clerks and solicitors gains.  
The Upper-Bench( which may proceed by way of Original Writ out of the Chancery, 
Upper Bench proceedings.  as doth the Common-Pleas) have a shorter way. An Attorney takes out a Bill of Middlesex, and by colour of this may arrest any man in Middlesex upon an action of Trespass; and then declare at Term( upon a pretence that the Defendant is in custody of the Marshal) upon any action whatsoever; and if he be not arrested in the Bill of Middlesex, but is to be found in a foreign county, then that is a ground to take out a Latitat upon pretence that the Sheriff of Middlesex returns that the Defendant lurks and hides himself in the county of York, &c.  
In order to the regulation of the Laws it is humbly submitted to consideration. 
Proposals for Regulation. Questions premised. Cook in his Preface to the 8. Part Rep. saith it is convenient for the Common-wealth that there be an and of Suits & controversies.   
1. Whether it be for the interest of the Common-wealth to encourage suits in the Courts of Law or Equity, which is the rather propounded in regard it appeareth that two parts in three, if not more, of the multitudes of suits began in these Courts are either false & groundless, or else so frivolous & trivial that it is the shane of the Law that the Courts of Justice( the glory of a Nation) should be troubled with them.  
2. Whether it be for the Honor and Majesty of the courts of Justice and Judgement, that any Basis of Law or foundation of suits should be laid in a lie or false pretence.  
3. Whether it be fit or soundly rational that it should be in the power of any man to molest another in a court of Justice in any cause wherein provision is not made for full recompense to the Defendant in case the svit appear vexatious and unjust.  
4. Whether the reducing the courts of Judicature to their primary institution( these things premised) and tying the practisers to the Original Rules might not go very far in the regulation of the Law. 
practise of Courts.   
The main Bulk of actions at this day at the common Law are debt, trespass, trespass upon the case, upon promise; trover, and conversion, and slander; these are called common pleas, & 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 Capias( though seldom practised) or other process out of the court of common pleas; but yet the court of the Upper-Bench, and also the chancery have had a concurrent power with the common pleas to hold pleas of the like causes in particular cases: the said Original in chancery expresses the particular cause of action that the Plaintiff had against the Defendant; 
Original in Chancery.  and if it did appear 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 said Original Writ was directed to the Sheriff of the county where the Defendant lived, commanding the sheriff that if the Plaintiff did give him security to prosecute the said svit, 
Summons.  then the sheriff should summon the Defendant by good summons to appear in the court of common pleas at a day appointed by the said writ( which must be 15. 
Test of the Writ.  dayes after the Test) to answer the said svit: this writ ought to be delivered to the said sheriff, who ought to make a return thereof be fore any Capias ought to be awarded out of the common pleas, and so no arrest could be made of the body of the Defendant without those preceding circumstances: 
Upper-Bench practise.  whereas in the practise of the upper Bench there was no more required but the taking out of a Latitat grounded upon a false suggestion( a lie upon Record) that upon a return of a Bill of Middlesex awarded against the same Defendant, 
Substance of the Writ of Lat.  that the Defendant did lurk and hid himself in that county into which the Latitat was awarded, and thereupon commanding the Sheriff to take the body of the Defendant to answer to the Plaintiff in a Plea of a trespass, whereupon the Defendant might instantly be arrested without any notice formerly given him of any cause of action, and at the return of the Writ the plaintiff may declare against him, either for a trespass, or for a Debt of 1000. l. or any other the actions before mentioned; and upon pretence that the Defendant is in the custody of the Marshal, he was liable to answer to all other Actions, whereupon any declaration should be filled against him in that court in the same term of his appearance; and all this without any Fine to be paid to the crown until the issue joined.  
The Officers, 
The contrivance of the common pleas to prevent the greatness of practise in the Upper Bench.  practisers and Attorneys of the common Pleas finding the great advantage the Upper-Bench had of them in the hasty prosecution of the causes, and that thereby the most part of the Grise was gone from their Mill, they also cast about how they might elude the ancient and legal course of that court; and instead of taking out an Original 15. days before the Capias, & giving good security to prosecute the svit, and instead of giving summons or notice to the defendant of such action against him by the space of 15. dayes before the Capias, they would take out a Capias to arrest the defendant Immediately and it may be Alias and Plures, and then at the beginning of the next term after arrest, they would file an original: and lately also upon pretence that they were too straightly bound up by laying the true cause of action in the Original they grown of late, to file an Original in a trespass of Clausum fregit, & afterwards declare upon the right cause of action, and then file a new Original accordingly; and by these means, and by the practise of both these Courts; the ancient and good intention of the Law, 
To be remedied without Legislative power or new Law.  That no man should be sued at Law without notice before hand what action would be brought against him is abused: All which may well be remedied by the Judges, without any help of the Legislative Power or new Law made.  
The present practise in the common Pleas hath these irregularities: 
Irregularities in the Common Pleas.   
1. The Original under the great Seal is antedatedd, being sealed in October, and dated in May or June before.  
2. The Sheriff is pretended to return either that he hath summoned the defendant by good summons, and namely John do, and Richard row; or else that perhaps the Defendant being of 1000. l. land per and. either Nihil habet, or Non est inventus, and the sheriffs hand set to it, where in truth the Writ was never brought to him or any of his Officers, nor did they ever hear of it.  
3. The Capias is award before the Original, 
Form of proceedings.  and for the most part into some foreign county, and then returned in the Name of the sheriff, who never heard of it; and so the Alias, and the Plures, and then the Exigent and all into counties where the Defendant never hears of them, and to salue it a Proclamation awarded into the county where the defendant lives; and all these returned to be duly executed when never a one of them is ever proclaimed, or any notice given to the defendant till he be returned outlawed. And all this done by false returns and pretences, which is humbly conceived to be dishonourable to the Law, and unfit to be practised by Christians, who ought( especially in matters of Judicature) to do all in truth, righteousness and Judgement.  
The present irregularities in the proceeding of the Upper Bench are briefly touched before, 
Upper Bench Abuses.  whereby it appears the foundation is laid on false suggestions and pretences, which it is questionable how any blessing can be expected on such a Foundation.  
For remedy of all which; 
Remedies proposed.   
Why should not this Rule be set to all Courts, that no process of arrest should issue till summons awarded and endeavoured to be executed( as it is in Chancery by Subpoena) and so the useless perquisites of Alias & Plures which stands the subject in thousands of pounds annually( if not the Capias and Exigent too) be wholly taken away.  
It will be objected, that if men have summons before, they will hid themselves, or go out of the land before arrest.  
To which it is answered, 1. There are few in danger of arrests but know their danger without a summons. 2. 'Tis possible some inconveniences may be this way, but not comparable to the inconveniences that come by the malicious arresting men oftentimes to their ruin, without any notice beforegiven. 3. But if in truth any real danger should be of going over seas, the law hath provided a Ne exeat Regnum, which upon oath of a just debt and real fear of withdrawing may be granted caution being taken, to satisfy the defendants damage if he be wrongfully stopped.  
2. 
It is an abuse that Writs are close and not patents, vide Mirror, cap. 59.  Why should not every process bear teste the very day on which it is sealed, and to be open to prevent mistakes which are often the dangerous delay, if not loss of many suits in the countreys.  
3. Why should any but the sheriff return the writs directed to him, and to avoid untrue returns, to be liable to answer every false Return by pecuniary punishment, as well to his Highness whose Justice is thereby abused and delayed, as to the party aggrieved and damnified.  
As for the Chancery it's well provided already that no Subpoena shall issue till a Bill filled. 
Chancery.   
1. But first, 
Remedies proposed.  why should any man draw me to answer there upon my Oath to what he knows to be falsely suggested: and why should not the plaintiff be tied to swear the contents of his bill to be true, as well as the defendant swears to the contents of his answer: and why should so many suggestions and multitudes of known falsities be inserted in Chancery Bills.  
This would prevent the greatest part of Chancery suits, and the prolixity and tediousness of the rest.  
2. Why should any svit be there for moneys due upon specialty, the Common Law being the proper place to try them? this course being there taken, that whereas now at Law upon a bond the Jury find the debt & damages & costs, they might find the debt not as now they do, the whole forfeiture of the bond, but the true debt now remaining justly due, and for damages what the Plaintiff is justly damnified by nonpayment thereof, and the true costs expended in the cause, and then proved upon oath.  
As for Bills of discoveries of fraud, why should the plaintiff suggest any thing which he dares not swear that he believes, or hath just cause to suspect to be as is alleged.  
To all these may be added a few Queries, some of which are summarily hinted already.  
1. 
Queries added.  Whether we may not justly conclude, that all the reproach and contempt that is fallen upon the Laws of this Nation, ariseth from this ground, that there are so many falshoods and pretences in the whole process of the suits?  
2. Wether it be not to be lamented, that men should dare to affirm that to the face of a Judge upon the bench( a God upon earth) which he dares not affirm to the God of Heaven.  
3. Why should any Process issue out of any Court at Common Law until the plaintiff have made Oath in that Court, that he hath just cause of such Action in that case, viz. that the debt or duty in demand is justy due to him, or that he is justly damnified to such a value in that case, and why?  
4. Why should any original Process issue out of any Court of Common Law, but that therein the particular debt or other cause of the Action be expressed in the writ?  
5. Why should any person, appearing upon any such writ, be compelled to answer to any other action then that so contained in the writ, and not to that until recognisance( as in Chancery) entred with good sureties to pay full damages and costs to the party unjustly grieved.  
6. 
Nulli vendemus nulli negamus aut differrimus justitiam madge na Charta.  Why should not all superfluous and unjust delays in suits be cut off or lopped close( in this time of Reformation) and all feigned delatorie curious pleadings, the admittance whereof of late times hath been a great cause why real actions, special writs of assize( Originals of highest esteem in our ancient Common Law) have not been so frequently practised in England, as they have been?  
7. 
Cook Preface to part 8. Rep. Ejectione firm.  Why should such multitudes of suits in personal actions, especially wherein the reality of freehold and inheritance are now tryable by writ of ejectione firm to the intolerable charge and endless vexation of the people, be countenanced or permitted?  
The too frequent use of this course occasions such multiplicity of suits as we see daily in one and the same cause to the unjust slander of the common Law, 
Reasons and inconveniences.  and intolerable hindrance of the people, wherein there are( by this new way, which is no other then an innovation or device of late practise) divers verdicts of the on side, and divers on the other, & yet the plaintiff nor Defendant can come to no finalend, nor hold the possession in quiet, though it be oftentimes tried & adjudged for either party, through the litigiousness of the parties, or imprudence sometimes of Juries, and the encouragement of the Attorneys or Solicitors on either side. 
Proposals for remedy. Writs of assize & real Actions restored.   
This might be much remedied if the good old use of Writs of assize and real Actions were restored to their ancient course and practise, there would not then be above two trials, or three at the most; and after one Recovery the Possession resteth quiet.  
But yet it may be objected, that the restoring of this ancient course in the Common Law by writs of assize, and real actions tends to delay, and takes up more time then the present course in practise admits. To which it is answered, Real actions for Freehold and Inheritance being of a higher and worthier nature, and standing upon greater variety of titles and differences in the law, then personal( as the weight of the cause requireth: do challenge longer time in the proceedings then personal, but yet are not over long, nor without just cause( in deliberations( saith Fortescue, cap. 53.) Judgements grow to ripeness, but in over hasty process never) and the demandant shall come to a timely final end by these real actions which he shall never do in personals, for the trial of Free-hold and Inheritance, 
Cook Reports 8  and indeed, few or no personal actions of this nature, as hath been observed by my Lord Cook, or to be found in the Reports of Edward the third, and were not much in use till of late yeers.  
I could wish care were taken to prevent those Legions of actions of the case for words, 
Actions for slander complained of.  vulgarly called Actions for Slander, but rather Actions of Malice; his Highness Ordinance of 29. june, 1654. against Challenges, Duels and Provocations thereunto, well provides remedy, but yet not sufficient to restrain the swarms of suits occasioned by contentious spirits, such actions were rare heretofore, 
Allowed only for words of eminent slander and great importance.  and such onely were brought as were for words of eminent slander, and of great importance; for calling a one Traitor, fellow and Robber, or the like. In our books none appears to be brought for scandalous words before Edward the thirds time, and then not above one in 50. yeers of his reign: but three in 22. yeers of Edward the fourth: and not one of this nature in the 21. yeers of H. the seventh: but five actions for sland●r brought in 30. yeers of H. the eighth; but now at least two parts of all our Reports are stuffed with them. They began in the Queens time, 
A Proposal.  & in these our times are beyond number, Its conceived for the interest of the Nation, that the malice of men should be withstood; therefore though the tongues of men are set on fire, why should the Law blow the coals.  
For remedy hereof it is proposed,  
1. That words onely of brangle, heat and choler, 
Remed.  might not be as much as mentioned in the high & honourable Courts of Justice, being a great dishonour to the law and the professors thereof, tending much to the disturbance of the public peace, and as one saith, seems utterly unlawful amongst christians; but yet I am not against all actions forwords neither, where life, livelihood or reputation, in its principal acceptation, is endangered; but therein full compensation should be enjoined.  
2. If such words should be thought fit to be continued actionable; why should Juries give such high damages? Let them on such actions respect more their oaths, & the good of their own consciences, then they have used to do, and no more give damages, without fear or wit, most according to the reputation of the Plaintiff, too often to the utter undoing of the defendant, when in truth the plaintiff was not two pence really damnified by such words.  
3. Why should not the plaintiff therefore be put to prove his real or actual damnification, & to make that appear upon Oath, and the Jury be directed to fine no more, nor the plaintiff to recover no more.  
It is humbly conceived worthy the considerations of the supreme authority of the Nation. 
Indictments quashed complained of.   
How many Indictments removed by Certiori, or writs of Error into the Upper bench, or every term quashed for Error, found in the indictment through the ignorance or negligence of the clerks of the peace or their Deputies in every county, to the great pervertion and dishonour of Justice, and no mean encouragement of offenders.  
2. 
Actions real and personal, & verdict for fault in issue or Record, or matter of form or other erroneous proceedings stayed or reversed.  How many actions real and persononal within one year, are with no little expense of time, money and hazard of Estate, nay health, if not life itself prosecuted, and at length when come even to the Haven of Repose, when the plaintiff hopes for the Harvest of all his care and charge, cast away or made fruitless by the ignorance or dishonesty of the Attorney or Clerk in the cause, verdict being for some fault in the issue or Record, want of form, or some other erroneous procedings qualified, or Judgement stayed or reversed, and to all invalled.  
To prevent this dishonour to the Nation, 
Remedies proposed.  this detriment to the people, and great discouragement to Justice, it is humbly proposed;  
1. Why should not the numberless number of Attorneys, solicitors and Clerks be reduced, and those onely that are knownly honest, able and experienced be admitted to practise, and of them but a certain number.  
2. Why should not the reverend Iudges of the Upper-bench be impowred upon quashing any such Indictment to impose a high Fine upon( if not displace) such Clerk of the peace, or other Officer that framed the said Indictment, at the same time such Indictment is quashed, and care be taken for speedy answering thereof duly to his Highness Treasury, without any Appeal or Mitigation.  
3. Why should not the Attorney, Solicitor or Clerk respectively, who hath the management of the cause, so destroyed by his, or their negligence, ignorance or dishonesty, be liable to a pecuniary punishment to the party proportionable to his loss and damage thereby, and that to be set by the Court at thsame time such Verdict or judgement shall be quasheed or reversed, & to be speedily levied, without sorcing the party injured thereby to his action on the case, which though the Law allows, is seldom adventured on, or practised against men of that profession, and also to stand committed for the abuse and dishonour to the Court.  
Why should Prisoners, 
Complaints against Fees & charges paid by Prisoners.  or others for them, pay any thing for ther Entries in Goals and Prisons, or for their coming in, or discharge at Sessions, this is a great dishonour to Justice, an oppression to the poor, and an ancient abuse of the Common Law, and complained of in the Mirror, 231.  
It is a received Rule, 
Cook lib. 4. An abuse in acts of Parliament complained of.  That Laws cannot be Just unless certain; that is( saith the Lord Cook) the best Law that leaves least to the Arbitrariness of the judge; this is conceived to be the unhappiness in penning some late Acts and Ordinances of Parliament, and Commissions for transactions of public Affairs, in which liberty is too much given to do according to equity; if this be continued( saith one) we shall have nothing but Equity left; this aequam & bonum is said to be in plain terms nothing else but an absolute and arbitrary power to judge and interpret according to every mans conscience, which is too frequent as different as their Opinions, the most of men concurring in nothing less then certainty, quot homines, tot sententiae. This made the Savonians( finding therein no Justice, and groaning under the burden) petition their King( whose Magistrates were substituted to give Judgement according to Equity) that their Magistrates might no more give Judgement according to Equity. The great Enormities and horrid Exactions upon the people by Empson and Dudley, may not without reason be imputed to the Statute of H. 
11 H. 7. cap. 3.  the 7th. authorizing them to hear offences committed against penal Statutes according to discretion( not according to the laws and customs of England) whereupon the Lord Cook caveats Parliaments to be sure to leave all causes measured by the golden and streight metwand of the Law, 
Cook 4. part just. 41.  and not by the incertain and crooked cord of discretion.  
Its a great Complaint, 
Proposals for restoring the ancient course of proclaiming acts & ordinances of Parliament.  or rather an Excuse taken up by offenders, and such as feel the execution of penal Laws, that they did not know the Fact committed by them to be an offence against Law; that they never heard of any such Act of Parliament, Ordinance or Law upon which they are convicted or questioned, if they had, they should have been more careful, and avoided the transgression.  
Now to leave such without excuse, and prevent others that through ignorance, or otherwise fall under the stroke of such Law ( preventing Justice being conceived the best) it s proposed that the ancient course of proclaiming Acts of Parliament by the sheriff of each County may be evinced.  
anciently at every Parliament the Acts that passed were to be transcribed in Parchment, 
Cook 4. p. Inst. f. 26.  and by Writs directed to the respective Sheriffs, and commandment given them, that all the said Statutes shall be proclaimed, and be firmly observed and kept; and be proclaimed at County Courts, and transcripts made for any to red, and take Copies of them.  
Some object, that this course was frequently used onely before printing, which was first in Germany in anno 1441. & here in H. the 6. time; but certainly the use of proclaiming acts was long before that time, as appears in the Mirror.  
Others object, that the Parliament being the Representee of the people, the whole Nation is by their act bound( as a man by the act of his Trustee) and therefore why should Proclamation be made in the County, every man being obliged to take notice of that which is done in Parliament. 'Tis true, as soon as Parliaments have made any thing, the Law intends that every person hath notice thereof, for that they represent the body of the whole Nation; yet the old use of proclaiming Acts and Ordinances is conceived very fit and requisite to be restored, to the end the subject may have express notice thereof; and that no particular person rich or poor, 
Cook 4. p. Inst.  may be overtaken by an intendment of Law, too often to his undoing.  
I shall add no more to this rude discourse, which is onely the Results of my private thoughts and experiences; this subject being since undertaken( though unknown to me) by a reverend Sage of our Law, learned Mr. sergeant shepherd, whose labours are very great in its reformation; only licence me to conclude with my Lord Cooks Opinion, That no human Law within the circuit of the whole world, by infinite degrees is so apt and profitable for the honor, peace & prosperous Government of this Common-wealth, as these ancient and excellent Laws of England be; some such Exuberancies being lopped off, and some other parts now buried in Oblivion taken away, fit to be regulated in this blessed flourishing spring of His Highness Justice.  
FINIS.