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._ I see Sir Edward Coke has no mind to lay any fault upon the men of
his own profession, and that he assigns for causes of the mischiefs,
such things as would be mischief and wickedness to amend. For if peace
and plenty be the cause of this evil, it cannot be removed but by war
and beggary; and the quarrels arising about the lands of religious
persons cannot arise from the lands, but from the doubtfulness of the
laws. And for informers, they were authorized by statutes; to the
execution of which statutes they are so necessary, as that their number
cannot be too great; and if it be too great, the fault is in the law
itself. The number of concealers are indeed a number of cozeners, which
the law may easily correct. And lastly, for the multitude of attorneys,
it is the fault of them that have the power to admit or refuse them. For
my part, I believe that men at this day have better learned the art of
cavilling against the words of a statute, than heretofore they had, and
thereby encourage themselves and others to undertake suits upon little
reason. Also the variety and repugnancy of judgments of common-law, do
oftentimes put men to hope for victory in causes whereof in reason they
had no ground at all: also the ignorance of what is equity in their own
causes, which equity not one man in a thousand ever studied. And the
lawyers themselves seek not for their judgments in their own breasts,
but in the precedents of former judges: as the ancient judges sought the
same, not in their own reason, but in the laws of the empire. Another,
and perhaps the greatest cause of multitude of suits, is this, that for
want of registering of conveyances of land, which might easily be done
in the townships where the lands lay, a purchase cannot easily be had
which will not be litigious. Lastly, I believe the covetousness of
lawyers was not so great in ancient time, which was full of trouble, as
they have been since in time of peace; wherein men have leisure to study
fraud, and get employment from such men as can encourage to contention.
And how ample a field they have to exercise this mystery in, is manifest
from this, that they have a power to scan and construe every word in a
statute, charter, feoffment, lease, or other deed, evidence, or
testimony. But to return to the jurisdiction of this Court of the King’s
Bench, where, as you say, it hath power to correct and amend the errors
of all other judges, both in process and in judgments; cannot the judges
of the Common Pleas correct error in process in their own courts,
without a writ of error from another court?
_L._ Yes; and there be many statutes which command them so to do.
_P._ When a writ of error is brought out of the King’s Bench, be it
either error in process or in law, at whose charge is it to be done?
_L._ At the charge of the client.