protract their causes many years, persuading them their title is good,
till their patrimonies be consumed, and that they have spent more in
seeking than the thing is worth, or they shall get by the recovery. So
that he that goes to law, as the proverb is, [516]holds a wolf 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; [517]what difference? They had wont heretofore, saith Austin, to
end matters, per communes arbitros; and so in Switzerland (we are
informed by [518]Simlerus), they had some common arbitrators or daysmen
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 [519]Fez in
Africa, 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 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.
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