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If there be no jar, they can make a jar, out of the law it self finde still some quirk or other, to set them at odds, and continue causes so long, lustra aliquot, I know not how many years before the cause is heard, and when tis judged and determined by reason of some tricks and errors, it is as fresh to begin, after twice seven years sometimes, as it was at first; and so they prolong time, delay suits till they have enriched themselves, and beggered their clients.
And as Cato inveighed against Isocrates Scholars, we may justly tax our wrangling Lawyers, they do consenescere in litibus, are so litigious and busie here on earth, that I think they will plead their clients causes hereafter, some of them in hell. Simlerus complains amongst the Switzers of the Advocates in his time, that when they should make an end, they began controversies, and protract their causes many years, perswading them their title is good, till their patrimonies be consumed, and that they have spent more in seeking then the thing is worth, or they shall get by the recovery.
So that he that goes to law as the proverb is, holds a wolfe by the ears, or as a sheep in a storm runs for shelter to a brier, if he prosecute his cause he is consumed, if he surcease his suit he loseth all; what difference? they had wont heretofore, saith Austin, to end matters, per communes arbitros;
and so in Switzerland, (we are informed by Simlerus,) they had some common arbitrators, or dayesmen in every Town, that made a friendly composition betwixt man and man, and he much wonders at their honest simplicity, that could keep peace so well, and end such great causes by that means.
At Fez in Africk, they have neither Lawyers nor Advocates; but if there be any controversies amongst them, both parties plaintiff and defendant come to their Alfakins or chief Judge, and at once without any farther appeals, or pitifull delays, the cause is heard and ended.
Our forefathers, as a worthy Corographer of ours observes, had wont pauculis cruculis aureis, with a few golden crosses, and lines in verse, make all conveyances, assurances. And such was the candor & integrity of succeeding ages, that a Deed (as I have oft seen) to convey a whole Manor, was implicite contained in some twenty lines, or thereabouts;
like that scede or Sytala Laconica, so much renowned of old in all contracts, which Tully so earnestly commends to Atticus. Plutarch in his Lysander, Aristotle polit: Thucidides lib. 1. Diodorus and Suidas approve and magnifie, for that Laconick brevity in this kind, and well they might, for according to Tertullian, certa sunt paucis, there is much more certainty in fewer words.
And so was it of old throughout: but now many skins of parchment will scarce serve turn, he that buys and sells a house, must have a house full of writings, there be so many circumstances, so many words, such tautological repetitions of all particulars (to avoid cavillation they say) but we finde by our woful experience, that to subtle wits it is a cause of much more contention and variance, and scarce any conveyance so accurately penned by one, which another will not find a crack in, or cavil at, if any one word be misplaced, any little error, all is disannulled.
That which is law to day, is none to morrow, that which is sound in one mans opinion, is most faulty to another; that in conclusion, here is nothing amongst us but contention and confusion, we bandie one against another.
And that which long since Plutarch complained of them in Asia, may be verified in our times. These men here assembled, come not to sacrifice to their gods, to offer Iupiter their first fruits, or merriments to Bacchus; but an yearly disease exasperating Asia hath brought them hither, to make an end of their controversies and law suits. Tis multitudo perdentium & pereuntium, a destructive rout, that seek one anothers ruine.
Such most part are our ordinary suiters, termers, clients, new stirs every day, mistakes, errors, cavils, and at this present, as I have heard in some one Court, I know not how many thousand causes: no person free, no title almost good, with such bitternesse in following, so many slights, procrastinations, delayes, forgery, such cost (for infinite sums are inconsiderately spent) violence and malice, I know not by whose fault, lawyers, clients, laws, both or all:
but as Paul reprehended the Corinthians long since, I may more appositely infer now: There is a fault amongst you, & I speak it to your shame, Is there not a wise man amongst you, to judge between his brethren? but that a brother goes to law with a brother. And * Christs counsel concerning Law-suits, was never so fit to be inculcated, as in this age: Agree with thine adversary quickly, &c. Matth 5.25.
I could repeat many such particular grievances, which must disturb a body politick; To shut up all in brief, where good government is, prudent and wise Princes, there all things thrive and prosper, peace and happinesse is in that Land: where it is otherwise, all things are ugly to behold, incult, barbarous, uncivil, a Paradise is turned to a wildernesse.