The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_P._ Here Sir Edward Coke declares his opinion, that no common plea can
be holden in the King’s Bench, in that he says they might have been
holden then. And yet this doth not amount to any probable proof, that
there was any Court of Common Pleas in England before _Magna Charta_.
For this statute being to ease the jurors, and lessen the charges of
parties, and for the expedition of justice, had been in vain, if there
had been a Court of Common Pleas then standing; for such a court was not
necessarily to follow the King, as was the Chancery and the King’s
Bench. Besides, unless the King’s Bench, wheresoever it was, held plea
of civil causes, the subject had not at all been eased by this statute.
For supposing the King at York, had not the King’s subjects about
London, jurors and parties, as much trouble and charge to go to York, as
the people about York had before to go to London? Therefore I can by no
means believe otherwise, than that the erection of the Court of Common
Pleas was the effect of that statute of _Magna Charta_, cap. 11; and
before that time not existent, though I think that for the multiplicity
of suits in a great kingdom there was need of it.
_L._ Perhaps there was not so much need of it as you think. For in those
times the laws, for the most part, were in settling, rather than
settled; and the old Saxon laws concerning inheritances were then
practised, by which laws speedy justice was executed by the King’s
writs, in the courts of Barons, which were landlords to the rest of the
freeholders; and suits of barons in County courts; and but few suits in
the King’s courts, but when justice could not be had in those inferior
courts. But at this day there be more suits in the King’s courts, than
any one court can despatch.
_P._ Why should there be more suits now, than formerly? For I believe
this kingdom was as well peopled then as now.
_L._ Sir Edward Coke (4 _Inst._ p. 76) assigneth for it six causes: 1.
Peace. 2. Plenty. 3. The dissolution of religious houses, and dispersing
of their lands among so many several persons. 4. The multitude of
informers. 5. The number of concealers. 6. The multitude of attorneys.