and defendant come to their Alfakins or chief judge,
“and at once without any farther appeals or
pitiful delays, the cause is heard and ended.”
Our forefathers, as [520]a worthy chorographer 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
candour and 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 [521]Tully
so earnestly commends to Atticus, Plutarch in his
Lysander, Aristotle polit.: Thucydides,
lib. 1, [522]Diodorus and Suidus approve and
magnify, for that laconic brevity in this kind; and
well they might, for, according to [523]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
find by our woeful 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 a law today, is
none tomorrow; that which is sound in one man’s
opinion, is most faulty to another; that in conclusion,
here is nothing amongst us but contention and confusion,
we bandy one against another. And that which long
since [524]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 Jupiter 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 lawsuits.” ’Tis multitudo perdentium
et pereuntium, a destructive rout that seek one
another’s ruin. Such most part are our
ordinary suitors, 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 bitterness in following, so
many slights, procrastinations, delays, 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 [525]Corinthians long since, I may more positively
infer now: “There is a fault amongst you,
and I speak it to your shame, Is there not a [526]wise
man amongst you, to judge between his brethren? but
that a brother goes to law with a brother.”
And [527]Christ’s counsel concerning lawsuits,
was never so fit to be inculcated as in this age:
[528]"Agree with thine adversary quickly,” &c.
Matth. v. 25.