Page:A new and general biographical dictionary; containing an historical and critical account of the lives and writings of the most eminent persons in every nation v1.djvu/383

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A S G I L L; " which is called Conveyancing ; fecondly, the {hewing forth and defending thefe titles in form of law, which is

  • ' called Pleading , thirdly, the arguing upon thefe convey-

" ances and pleadings (when they come in conteft) before " the judge?, which is called Practice at the bar: fo that

  • ' the practice to the two latter doth arife from the errors or

11 incertainties of the former. Were the titles of lands once

  • 4 made certain (which they may be by a regiftry and no
  • ' otherwife) 1 know what I think of the future gains of the
  • ' Jaw : the profit of the law arifes from the uncertainty

tc of property ; and therefore, as property is more reduced to " a certainty, the profit of the law muft be reduced with it;

  • ' the fall of the one muft be the rifing of the other. Ac-
  • ' tions of flander and battery, and caufes on the crown fide,

" would fcarce find fome of the circuiteers perukes ; and yet

  • ' (if we obferve evidence) they ftand obliged to difputes in

'* titles for many of thefe. Thief and whore, kick and cuff,

  • ' are very often the effedt: of forcible entries, trefpaffes, and

'* ferving of procefs, in which the title comes frequently in

  • ' queftion. Buc the reducing this part of the practice of the
  • ' law are things not feen as yer. The proximus ardet will
  • ' fall upon the conveyancers ; and that not by altering the
  • ' forms of lega! conveyances, or taking them out of their
  • ' hands, or putting any ftop to the dealing in lands (for that

' will be increafed) but by expofing their manner of practice

    • in this conveyancing part.of the law. Two qualifications
  • ' are neceflary to a complete conveyancer ; fir(f, that he be
  • ' incapable of difpatching bufinefs as faft as he fhould; fe-
  • ' condly, that he doth not difpatch it as faft as he can: not
  • ' to fpeak of bantering their clients with their feeming care

" and caution in delaying their bufinefs j {hewing greac

  • trunks of old writings in their chamber; calling to their

" clerks (before them) for one lord's feulement, and another " lady's jointure ; to tell what great clients they have; and

  • ' when they come to be paid, they reckon their fees by lon-
  • gitude and latitude. I have feen an original mortgage of

" one fkin bred up by a fcrivener (in fix years) to one-and-

    • twenty, by affigning it every year, and adding a fkin to
  • ' every affignment by recitals and covenants: ascowe, after
    • three years old, have one wrinkle added to each horn for
  • 4 every year after, which fhews their age; and 1 am inform-

" ed, that one deed of fixty ficins was heaved out of a con-

  • ' veyancer's office the other day. At this rate, in a little
  • ' time the clients muft drive their deeds out of their bwyers
  • ' chambers in wheel barrows, Thefe affignments and re-

" aflignments