The History of the Common Law of England [59]
are still continued with much Religion, and so all those ancient Forms at first introduced for Convenience, but now not necessary, or it may be antiquated as to their Use, are yet continued as Things wonderfully material, tho' they only swell the Bulk, but contribute nothing to the Weight of the Plea. Thirdly, These Pleas being mostly drawn by Clerks, who are paid for Entries and Copies thereof, the larger the Pleadings are, the more Profits come to them, and the dearer the Clerk's Place is, the dearer he makes the Client pay. Fourthly, An Overforwardness in Courts to give Countenance to frivolous Exceptions, tho' they make nothing to the true Merits of the Cause; whereby it often happens that Causes are not determined according to their Merits, but do often miscarry for inconsiderable Omissions in Pleading. But, Secondly, I shall consider what is the Reason that in the Time of Edw. I one Term contained not above two or three Hundred Rolls, but at this Day one Term contains two Thousand Rolls or more. The Reasons whereof may be these, viz. 1st. Many petty Businesses, as Trespasses and Debts under 40s. are now brought to Westminster, which used to be dispatched in the County or Hundred Courts; and yet the Plaintiffs are not to be blamed, because at this Day those inferior Courts are so ill served, and Justice there so ill administred, that they were better seek it (where it may be had) at Westminster, tho' at somewhat more Expence. 2dly, Multitudes of Attorneys practising in the Great Courts at Westminster, who are ready at every Market to gratify the Spleen, Spite or Pride, of every Plaintiff. 3dly, A great Increase of People in this Kingdom above what they were anciently, which must needs multiply Suits. 4thly, A great Increase of Trade and Trading Persons, above what there were in ancient Times, which must have the like Effect. 5thly, Multitudes of new Laws, both Penal and others, all which breed new Questions, and new Suits at Law, and in particular, the Statute touching the devising of Lands, cum multis aliis. 6thly, Multiplication of Actions upon the Case, which were rare formerly, and thereby Wager of Law ousted, which discouraged many Suits: For when Men were sure, that in case they rested upon a bare Contract without Specialty, the other Party might wage his Law, they would not rest upon such Contracts without reducing the Debt into a Specialty, if it were of any Value, which created much Certainty, and accorded many Suits. And herewith I shall conclude this Chapter, shewing what Progress the Law has made, from the Reign of King Edw. I down to these Times. IX. Concerning the settling of the Common Law of England in Ireland and Wales: And some Observations touching the Isles of Man, Jersey, and Guernsey, etc. The Kingdom of Ireland being conquered by Hen. 2. about the Year 1171. He in his Great Council at Oxon, constituted his younger Son, John, King thereof, who prosecuted that Conquest so fully, that he introduced the English Laws into that Kingdom, and swore all the great Men there to the Observation of the same, which Laws were, after the Decease of King John, again reinforc'd by the Writ of King Hen. 3. reciting that of King John, Rot. Claus. 10 H. 3. Memb. 8. & 10. Vide infra, & Pryn. 252, 253, &c. And because the Laws of England were not so suddenly known there, Writs from Time to Time issued from hence, containing divers Capitula Legum Angliae. and commanding their Observation in Ireland, as Rot. Parl. 11 H. 3. the Law concerning Tenancy by Curtesy, Rot. Claus. 20 H. 3. Memb. 3. Dorso. The Law concerning the Preference of the Son born after Marriage, to the Son born of the same Woman before Marriage, or Bastard eigne & Mulier puisne, Rot. Clauf. 20 H. 3. Memb. 4. in Dorso: So the Law concerning all the Parceners inheriting without doing Homage, and several Transmissions of the like Nature. For tho' King Hen. 2. had done as much to introduce the English Laws there, as the Nature