EIGHT REASONS Categorical: Wherein is Examined and Proved, That it's probable, THE LAW-COMMON Will Stand.  
And continue at LONDON & WEST MINSTER: Humbly tendered to the consideration of all ingenuous Men; And for The Encouragement of Students.  
By Albertus Warren Gent.  
June. 30. LONDON, Printed by E. Cotes, for John Place at Furnivals' Inn-gate in Holborn, 1653.   

Eight Reasons categorical, etc.  
TO mention the Antiquity of our Common Law, is not herein material, neither the unequalled wisdom of it (comparing it to the Laws of neighbouring Nations); It is sufficient to prove its excellency: If (I say) the Law never had an Enemy who understood it— But whether the Body or Essence of our Fundationall, Common, or Municipal Law, is like (rebus sic stantibus) to receive any considerable change, or no, is the Quaerie in the first place. Secondly, whether our Judicial Courts of the Common Pleas, and of the Upper Bench (the former whereof handleth properly Disputes at the Common Law; the latter, frequently, though sometimes improperly, the like also;) be like to continue where they are, or not; with some inconveniencies hinted, if they be removed elsewhere.  
Reason. I There is not any reason, why a sober man should suppose, the Law will receive any considerable alteration: Because, it tieth all our Inheritances, and Purchases together, as a convenient cord of Love, and Discretion: And truly, very few Suits arise upon the Realty for Titles of Land; for this I know, where one Action is brought upon a Disseisure, or any pretence of Title, in Fee, or otherwise, for the Land itself, Reversion, or Remainder of it, an hundred are brought for Personal Injuries; Debts, not of Record, Trespasses, etc. For which last, many pregnant remedies are allowed, if the party injured can prove, or will swear before a Justice in the Country. Now, the end of Actions so allowed, is, to curb men's hearts, and passions; who would otherwise quarrel every hour, and shed blood. Clear enough it is, that, as to the matter of Title, what famous Littleton said long ago, is so Aphoristicall, and indeed, to the Intelligent, perspicuous, that very rarely (as the Learned observe) any of his Positive Judicials admit of Dispute. And if we well consider who they are who most Carp at the Law; they are either, Turbulent spirits, pleased with no Government; or else, Vulgar heads, perhaps, men on both sides, of small estates, and illiterate. The common Law disturbeth few of quiet spirits, or of low estates; the Vulgar hath not wherewith to work its own ruin by Law: only there is that unsatisfied first Generation, whose aim is to make out their own malice, by Law vexatious; a fault in themselves, not in the Law I am so far from admiring, there are so many Enemies to the Law, that I wonder, there are no more, since every man desireth his Cause shall pass for him: As if the Law ought not to speak to all alike.  
Reason. TWO The greatest men, of these modern times, claim and hold all their acquired Estates, either by matter of Record, or free Grant, or by Purchase legal, from the former Owners thereof; or, legally, from the Quondam Body Politic of this Nation: The Law is their defence, and safety; every discerning man hath heard, there was a legal vestment of the Forfeited Estates of Delinquents, first, in the trusties for the State, and from them derived to the Purchasers; and that way, the present Indefeasible Estates of the Soldiery are vested in them: They have reason to maintain that Law. So indulgently loving and profitable, so strong a ligament of their ffortunes.  
It is evident, Reason. III that there is a kind of mutual Harmony, and Sympathy in all Titles whatsoever, as to their respective holding of some Paramount Lord, immediate, or mediate: And this is such a Branch of the Common Law, as cannot, without infinite inconveniencies, be changed or cut off from it. All men naturally love Superiority. But from the highest to the lowest we do daily accuse one another.  
Reas. IV I say and will prove undeniably against any civil opponent, that our common Law (in its very natural Bent, and constitution) is idoneous, fit, and adequate rather for a Democratick government, Aristocratick, Annually elective Government, or Praetorian (if need be) then for a monarchial: because it left little Arbitrariness to the Kings of this Nation, which, I make a fault in that government: In the Regal times, none could be nomothetical, none could regularly provide for present exigencies, in the State, but by a triplicity of power in Parliament: The Judges were then, as now they are, only vested with a Declaratory power of the Law's Energy. Some necessities there are sometimes in states, absolute, present, & necessary, and these, men say, may dispense with the very Laws of Nature, much more with any positive humane Law, for the safety of the People. The question never was, whether we or any other people ought to be governed by an Arbytrary power (for there must be an Arbitrary power some where, else where will Salus populi be, at a pinch) But in whose hands it ought to be. What extraordinary and illegal Acts the King committed, were so illegal; because he must have convented that triplicity of power to make them legal: here lay the first rise of our politic quarrels; and therefore Kings must be, and were always, at variance with the Common-Law: But now the present Governors (in esse & posse) are and must be in a legal capacity (and that immortally during every interval) to act for imposing of Taxes, raising the Militia, etc. if you granted the King the Militia (as inherent ratione Politicae, or naturalis capacitutis) yet had he little money. The Law was not for him; it did hinder him, in the execution. But our present Governors, I say, without more ado, do not offend the letter of the Law in rationally providing for the people: because they are above the Law of men and (taken collectively) to those ends aforesaid; else we should be in an hostile condition, as Mr. Hobbs well observeth. The Army is as it were necessitated to maintain the Law.  
Reason. V And indeed their keeping upright of the Common Law, is a good Argument of the Armies putting a prudential difference (as to the sacredness of some protests of maintaining the Laws of this Nation, for distributive Justice) between those obligations some men had put unwarily upon us for preserving the regal interest, contrary to the freedom of nature's Law, (which showeth, that allegiance and protection are correlate; and contrary to the national engagement, which tieth me to a government then established, in effect to obey my superiors; so the sound word of God had said before, it was but a commemoration of the Apostles Precept,) and between their own protests that they would maintain the fundamental laws, and therefore, although the King might be within some stipulations, yet might he recede from their reciprocallity, exactible on his part (and so was he charged) by some acts disreciprocall, and those Acts gave men, in power, over him, liberty to cancel any supposals of his restitution: But for the Armies promise, for maintenance of the Law which (though a wise thing) could not be mutually stipulatory (being as dead matter taken abstractedly) it is the same, Laws cannot commit any crime. The Army will maintain, and love the Law, for its constant, and unshaken, prudent constitution, for our people under the present government.  
Reas. VI Lawyers did generally receive discountenance, and were capable of aspersions of disrespect, while the late Parliament sat: because it was strongly presumed, how truly I know not, that divers Lawyers then in power, had retarded many things, in reference to the Public, either out of vain fears, or something worse Interests. That case is now altered, and God hath mightily appeared in owning the proceed of the Counsels, now on foot, and men's spirits are more still Parcite paucorum crimen diffundere in omnes.  
Reas. VII Admit some things may well be mended in the Body of the Law, and many Statutes rectified, and some things in the practic part, want the hand of reformation. It is far easier to mend the practice, then for to make new Laws of property, which the wisdom of so many ages, have refined, so many notable men have studied; whereby generally our Law seemeth the most incomparable reason in the world; subnixt with the Laws of Nature, the equity of the Jews Law Judicial; and in nothing, I know of, disagreeable to God's word, or any Christian Philosophy.  
Reas. VIII There is no way left (because not convenient for the kidney of the times) for support of necessary Learning, better than by maintaining of the Law: for by the Study and Practise of the Law, (there being preferments gainable that way) the necessary Art of artificial reasoning, will be yet higher improved: hence are men encouraged in the breeding of their sons at our Inns of Courts, those excellent confluence of wits: and hence, our Universities will be eased of many pragmatic young heads, after some gradation, and study, there, in general Learning. We may well add, that this way of propping up the sagacity of wits, with legal instigations of profit, and honour, maketh much for, not at all against the Sons of Mars, or there interest in all imaginable respects, in reason; as to the honour of the Nation abroad, (whereof the Army seemeth very tender) to the keeping of busy heads within the large sphere, and latitude of legal studies, while things purely Nationall are transacted by our Superiors: As to the presenting of their own issue (when Peace shall triumph in the three Nations joined happily in one Republic) into places of trust and judicature. But especially, as before hinted, for fixing and establishing their own possessions (accrued unto them by the merit of their Arms and Valour) jointly with other men Titles. And that this is the design of all wise Politians, he that runneth may read: we shall be degrees come to know, that the Gentry (where well fixed) are very significant in England with them, when the Soldiery well agreeth, Floriceat Respublica, the Law, and marriages, in time, will wipe all pristine indispositions away betwixt them.  
Reason. IX I shall propound to all lovers of England, what an irreparable decay, and impoverishing to two parts of the Nation at least, the removal of the Judicatory Courts from London, into the Country would be. London is the chief Mart, and Empory of the three Nations; The place where all trading, upon the matter, concenters; hence Money presently for payment of an Army, Soldiers, Land and Maritine may, be raised; Arms, at 2. hours' time, to be had, against any Foreign invasion (which God forbidden) yet our sins cry loud to heaven. This is a City situate upon our Queen of Rivers, opposing by the convenience of shipping; from hence, France our ancient Enemy: The very glory indeed London is, of the English Nation; for its admirable civil Sanctions, and way of Government; what if I say, without its help, things could not possibly have been, as now they are, shall we dismember our Trade, and weaken it into Nooks? Will our Superiors, think you, ruin myriads of Families? Will they suffer those gallant fringes of London, the majestic Suburbs of this thrice noble City to be depopulated? All these must and a thousand other mischiefs follow, should the Law be Courts removed. But whether would some rash heads have the Carried? Into the Country, we are so troubled already with Country Jurors, that, for the most part, one cunning knave carrieth all the rest (right or wrong) which way he pleaseth. And some of late have got a trick to carry Sugar Plumes, or Raisins of the Sun in their Pockets, they will starve the rest, but the cause shall go after their wishes.  
I have but this to say (though these are but hasty draughts together) where the Law is defective, or redundant, where the practice of it, is either prolix, chargeable, or uneven, where apparent disfavours are cast upon Defendant. In a word, where the same principles upon equal and adequate reason (the matter whereunto they are tied being identical) are not suffered or do not, but accidently, produce the same effects in Law Theoric and Pracktick where corruption is crept in, or men's cunning have started subter suges, let all such excrescencies be pared off, and with great care, lest in one hour, more hurt come to the liberty of the subject, then can be repaid in an age, Nihil simul Natum et perfectum est.   
FINIS.