Bonum puplicum privato preferendum , is a maxime of such puplick and grand importance to the well being of a Kingdome that it cannot well be without it , and of such private concernment to every individual person , that he cannot be said to honour or love his Prince , law , reason or religion , that does not practice it . What were our late usurpers and oppressors : but men byassed by a self intrested affection the Rubrik Characters of whose guilt I hope will never be so fare expunged but that both this and after Generations may by them learn to be ware ; whose pretended Acts ( I must confesse ) ought not to stand for laws , but to be abrogated , as enacted or rather imposed by a lawless , illiegitimate and bastard power , yet I humbly conceive that upon a review ( a thing not unusual in equity ) there may be many things observed , which were done by them , in reference to the regulation of the Law , that have no other fault then Original sin contracted from their first Parents , and I am apt to believe the same thing , might ere this have been reformed by men in lawful authority , had they not been anticipated by monsters , usurping an illegal power , whose wils were Laws ( especially as to that which more immediately concerned themselves ) beyond Magna Charta , which caus'd Oliver , ( amongst the rest in despite thereof ) to cry Magna Farta , contemning all laws standing in competition with their corrupt interests : ( But however give the Devil his due ) I say they did regulate many things ( especially in the practick part of the law , tending much to the redresses of the peoples greivances , ) and now , ( I hope I may say without offence ) worthy the inspection of their representatives .

It is not John Jone's new Returna brevium , nor yet , Shepards regulation that I aim at ; wherein for one resonable proposition , we may find ten unreasonable and absurd , but it is the same in effect which King James himself , of ever blessed memory did propose to the Lords and Commons of Parliament , at Whitehall ; on Wednesday the 21 of March , in the year 1609 , at which time his Majesty amongst other things , taking occasion to speak concerning the law , saies that he was so far from dissallowing the common Law , that he protested , that if it were in his hands , to chuse a new law for this Kingdom , he would not only prefer it before any other national law , but even before the very Judicial law of Moses : and yet saies he , I speak no blasphemy in preferring it for conveniency to this Kingdom . But yet as to the practick part of it , in the next folio of that speech yet extant , he wishes it were written in our vulgar language : for now ( saies he ) it is in an old , mixt , and corrupt language , only understood by Lawyers ; where as every Subject ought to understand the law under which he lives : for since it is a plea against the Papists , that the lang●age in God service o●ght not to be in an unknown tongue , acco●ding to the rule in the law of Moses that the law should be written in the fringes of the Priests garments , and should be publickly read in the ears of all the people : so me thinks ought our law to be made as plain as can be to the people , that the excuse of ignorance might be taken from them , for conforming themselves therunto . And more particularly as to the Theory he proceeds ; next , our common law hath not a setled text in all Cases , being chiefly grounded either upon old customes ; or else upon the reports and Cases of Judges , which ye cal Responsa prudentum . The like whereof is in all other laws : for they are much ruled by Presidents ( save only in Denmark and Norway , where the letter of the law resolves all doubts without any trouble to the Judge ) But though it be true , that no text of law can be so certain , wherein the circumstances will not make a variation in the case , ( for in this age , mens wits encrease so much by civilitie , that the circumstances of every particular case varies so much from the general text of law , as in the civil law it self , there are therefore so many Doctors that comment upon the text , and never a one almost agrees with another ; otherwise there needed no Judges but the bare letter of the law . ) Yet could I wish that some more certainty were set down in this case by Parliament : for since the very reports themselves are not always so binding , but that diverse times Judges do declaim them , and recead from the Judgment of their predecessors , it were good that upon a mature deliberation , the opposition of the law were set down by Act of Parliament , and such reports therein confirmed , as was thought fit to serve for law in all times hereafter , and so the people should not depend upon the bare opinion of Judges , and uncertain reports .

And lastly , there be in the common law , diverse contraty reports , and Presidents : & this corruption do likewise concerne the Statutes and Acts of Parliament , in respect there are diverse cross and cuffing Statutes , and some so penned , as they may be taken in diverse ; yea contarty senses . And therefore would I wish both those Statutes reports , as well in the Parliament as common law , to be once maturely reviewed , and reconciled ; and that not only all contrarieties should be scraped out of our books , but even that such penal Statutes as were made , but for the use of the time ( from breach whereof no man can be free ) which do not now agree with the condition of this our time , might likewise be left out of our books , which under a tyrannous or a varitious King could not be endured . And this reformation might ( me thinkes ) be made a worthy work , and well deserves a Parliament to be set of purpose for it . Thus far I have thought it worth my labour to transcribe the words of a King , yea ( without flattery I may speak it ) of a second Solomon , one of the most ●jous and wisest Kings since the Conquest ; he therefore that sacrifices so much to his own genious as to pretend to a greater measure of understanding , let him confute the King , whose Royal desire was then to have those things rectified , which as yet ( by virtue of any lawfull authority ) remain unreformed .

It was the saying of an eminent person ( to whom the whole nation is not a little oblieged ) in his late Summary Collection of the Principal foundamental Rights , Liberties , Properties of all English freemen , that he had many years since reformed those grievances and abuses that were in the ●ractice of our Laws , had not some army men violently pulled him with other members out of the House . They are since by Gods wonderful providence ) restored to the exercise of that trust their several Counties and Bourro●ghs have reposed in them , and the worthy M● . Pryn ( for he tis that in ●articular I mean that constant assertor of our Liberties , Properties and Priviledges , even in the worst of times , is deservedly amongst the number of those worthy Senators and Legislators now assembled to consult of wholesome Laws for our late Peasant oppressed Nation , who together with our gracious Soveraign ( being so ready to condescend to any thing which tends to his peoples good ) will undoubtedly produce such things , that after generations will have just cause to call them blessed , O the generation of self seekers will have little cause to bless themselves .

But now methinks I hear the voice of Demetrius to his fellows * in haec verba : Sirs , Ye know that by this A f●equent phrase among the Law Latinists . craft we get our wealth . These are the greatest number of the old Officers , Clerkes and Practisers , ( as one in that perticular says very true ) by their superstructures , innovations , additions and other devices , have subverted the practise of the Law , and set another face upon it . And thus the workmanship of their own hands is their Magna Diana , and image that fell down from Jupiter , which has been a plague to the inhabitants of the earth ever since , and which ( under the notion of the ancient and most comodious practice of the Law of England ) they adore and worship , not for the truth of it , but the tediousness ; not for the Legality but the length , which has been extended in this last Century beyond measure , though unknown to former generations ; therfore they that bear a due respect to the Law as 't is purely in it self , cannot possibly be admirers of those difficulties , uncertainties , prolixities and extravagancies , that the corruption and covetousness of some men has introduced , who if Authority leaves them once more at liberty , will be sure for an inch to take an ell , and if they be not restrained , will make all proceedings at law the meerest oppression in the world . But to speak no longer as to the abuses of the Law ingeneral , give me leave in these few particulars following to describe the just and serious resentments of many loyall sober and discreet persons concerning the same .

1. That as we owe a conformity to the Law , so ought the Law to be made as clear and perspicuous to us as may be , that ignorance may not be an excuse ; whereas if it turns again in every respect into its late Channell , it will prove but an unpleasant Current of troubled waters , either as to Clients or Practisers , unless it be to such that love to spend much time to small purpose , and delight in a slavish gain .

Secondly , if it be so , none ( though otherwise never so ingenious or learned will be able to understand any thing of their own business unless it be those who make it their constant imployment to study that , which in any thing but the practise of the Law , would be accounted nonsence , or such who are greater proficients in false Lattin then Ignoramus himself , being destitute of those manly faculties of reason and conscience , like the flaming sword to keep them out of their fools Paradice .

Thirdly , at that time when the Laws of this kingdom were altered ( for they were in its native language before ever they were in Lattine or French ) it was when it seemed almost a * reproach to be called West . pag . 182. an Englishman ; but I hope we shall not now need to be ashamed of the title , having so lately redeemed our credits , now the truth is the Laws were thus altered , first of all at the Conquest and then there was some reason for it , for that the English Court consisted most of Normans , who having lost their own ancient language , after their coming into France learned that tongue which the Frenchmen then spake ( who , when they were in subjection to the Romans , had all their Edicts , Proclamations and publick writings in the Lattine or Roman tongue , their Conquerours , thereby indeavouring to bring the people to speak that language , by which means they spoke a kind of mixt language of barbarous Lattine and French ) therefore ( I say . ) no wonder that William the Conquerer of this Island ( shewing little favour , ( especially at the beginning of his reign ) to any but those of his own nation , and partisans in the conquest ) should thereupon alter the laws of England , and put upon them the customes of Normandy and cause them to be written and practised in that language which he had a desire should have been most prevalent , and to have become the language of the nation , but so it came to pass , that ( the lesser part yeilding to the greater ) such of these Normans , as came to plant themselves in England , did there grow to the name of English-men , and that with the utter loss and relinquishment of the names of Normans ( as in France they never did ) and by degrees spake the English tongue ; and by this means the great heart burning that else might have remained between them and the English for the conquering of the Coutrey was taken away . And then it pleased God that Duke William died , and his son William Rufus succeded , whose reign endured about 13 yeares , and he dying without issue Henry his brother the yonger son of the said Duke William the Conqueror succeded him , who was born in England , and speak the English tongue ; and was the last of the Conquerors issue male that reigned ; he married with Mathild the daughter of Queen Margret wife unto Malcolme King of Scotland , which Margret was the elder Sister unto Edgar Etheling , to whom the right of the Crown of England did belong , when Harold ( who was slain by the Conqueror ) had by fraud obtained the regal Scepter , the said Prince Edgar afterwards embracing the friendship of the Conqueror , had an imployment of charge in war to go into Italy , but in fine died without issue . This King Henry the younger son of the Conqueror , being born in England , marrying with his Queen of English blood Royal , was the ocasion that the depressed English ●●tic● was raised again unto honor , and so by her was the English blood royal brought in again to the enjoying of the English Crown , to which , our most gratious Soveraign Charles the second ( being descended of the chiefest blood royal of that ancient race ) is by the grace of God restored ; whom God preserve , and for whom let's all cordially cry Vive le Roy .

I have now been somewhat large in my digression , which was but necessary , for from hence I shall infer thus much , that we are now a Nation all of one language , which we were not when the laws were altered , those that were the greatest men then in power , having a design to annihilate the English tongue , and to have introduc'd their own , which ( qustionless ) was the ocasion of the said alteration , but that design failing , I know no reason why the law should be not in statu quo prius , and so revert as well as the language ; contrary to the desires of those Babel-builders , that desire nothing more than to practise that , which at first was sent as plague . I do not say the language in which the Law of England had been practised since the Conquest ( till of late years ) was one of the seventy and two ( for so many are recorded to be by some ancient Authors ) that were extant at that grand confusion of tongues ; for though God sent that confusion amongst them at that time as a punishment for their presumption , yet I make no question but that the study of many of those languages , have since been very beneficial both in Church and State ; but as for this mongiel law , language of a latter Edition , I rather think it to be a peculiar plague reserv'd for this part of the world .

Fourthly , That which some pretend ( viz. ) that the law being in French and Latine is an incouragement to Scholarship and learning , is an argument as weak , as the language they would uphold is false ; For though I will not say , but that a Scholar should sooner attain to the understanding of it than another , yet I must needs say , t is not meerly schollership that causes him to understand it ; for I 'll undertake that Dulman shall give a better account of a peice of law Latine , then a Doctor of the University , who , in reason , and according to the rules of Grammer would be ready to correct that , which the other would find cause enough of bringing a writ of Error upon , for be●ng so amended ; the Law ( as 't was lately practised ) and false Latine , being as coessential as fire and heat ; The truth of which appears especially in words run out at length , of which sort there 's very few because of the troublesomeness of terminations , which causeth Madam ignorance to thrust her head in a mask , and just in the middle of a word to turn up her heeles in the form of Herculcus pillars , and that for no other reason ( God knowes ) many times , but because she is at a non-plus ; which anticks being grown into a custome , t is by some thought a sin not venial to write plus ultra , or to make any further or better discovery . relying rather upon Ignoramus his rule Si non potes scribere rerum Latinum , scribe eum dasho . But from the general rule are excepted these which follow : hoseibus , shoesibus , morteribus , which must be writ at length , least cutting them off in the middle , they should speak English , which is contrary to Law .

Fiftlhy , besides those Egyptian Hieroglyphicks , and Court-hand Characters , together with that Gallamafrey of solescisms , incongruities , and mixt languages in the law , there 's another device that 's ten times worse , and that is Special Pleadings which , though there was a liberty left by the meale act to have used them when ocasion served , yet we see how little they have been made use of , which sufficiently demonstrates how useless they are , where the general issue will serve as well , and the special matter given in Evidences , which is neither troublesome to the Attoruey , nor dangerous or chargeable to the Cliant , whereas the other are commonly of a stupendious frightful length , which , by that time all the Items for drawings , counsel , coppying and entring come to be paid for , will be just like buying of a horse for so much a nail , and doubling of it , which according as the bargain is made , many times comes to ten times more than the jade is worth , besides many a good cause is spoyled by special pleading wherein every punctillo must be proved , and yet not any thing can be brought in evidence ( which perhaps might be forgot , or the witnesses not known till after pleading ) but what is in the plea though the cause perish .

Sixthly , That old , formal , unnecessary way of sealing Leases of ●ejectment , wherein , the difficulty and danger in actual sealing of them , is many times very prejudicial , besides the charge of the witnesses at the tryal to prove all circumstances ; whereas all this needless labour and cost is prevented by that late way of consenting to a rule , to confess lease , entry and ouster , and insisting upon the matter of Tytle only , which I think none will deny to be far more safe and commodions then the other , unless they who ( upon what reason or ground I know not ) will needs perswade themselves that all the late customes and practises in the law must of necessity be revived , how disadvantageous soever they be to the people : but I hope their rash and coveteous conjectures will be frustrated by those of less selfish and more moderate principles .

Lastly , There be many other abuses in the law , which were lately , practised and are so obvious to every ones understanding , that it were needless to particularize either them o● their several inconveniences ; but only to name some of them in general : which are Writs of error after verdicts . the common Bar and new assignment , unnecessary ripetitions in Declarations , cum multis altis &c. The prolixity of which proceedings procures imployment for a number of persons , that would otherwise betake themselves to more profitable exercises in the Common-wealth ; & yet I believe they were not tedious end Tautological enough to equallize some mens coveteousness , who could be content to wierdraw them to that length that they should rather want men to till the earth , then they to lose their gain of their ten-plough'd reams of paper : but me thinks men of parts and ingenuity should be of a more spritly genius , then to move alwayes in one Sphear , like a horse in a mill ( which is work commonly for dullest Jades ) or to trifle away a great deal of time in buzling about that which would admit a quicker dispatch . A Clergy man in the County of Suffo●k , that you may imagine had as unconscionable parish●oners as many law practise●s .

But to conclude ; Quicquid recipitur , recipitur ad modum recipientis : to be sure the gal'd horse will kick , but t is no great matter , for if I have onely grieved the guitly , I care as little for it , as the * Parson did for his spiritual pig , that in a frolick he sold for a groat , or as he that bought it car'd for the purchase . If I am in an error I desire to be better informed ; but till then , give me leave to say , that many things in the law were justly reformed , which should admit yet a further reformation , or if you will a reformation de novo by a lawful Authority : And truly t is my Judgment that if the King himself Which though it be ancient , yet it seems t is thought useless . can condeseend to the abrogation of his * Court of wards , surely his Subjects may dispence with the abolishing of impertinent words , which I make no question will readily be consented unto by all those that prefer not private gain before the publick good . In fine , as concerning the truth of all and singular the premisses . I shall appeal to those that are most concerned , and therein give them that advantage of being Judges in their own case ; and yet I am confident that what I have said , they will in their own language confess to be Truthum , & totum truthum , & nihil nisi truthum .