Amicus reipublicæ. = The Common-Wealths friend or an exact and speedie course to justice and right, and for preventing and determining of tedious law-suits. With many other things very considerable for the good of the publick. All which are fully controverted and debated in law. By John March of Grayes-Inne, barister.

To the Reader.

REader, when I considered long with my self, what happy times it had pleased God to let us injoy; I mean these happy times of Re∣formation; in which men have liberty to discover truths, and to reason what may most tend to the good of the Common-wealth; And in which we have so many Patrons, Protectors, and advancers of Ju∣stice, that, which is the onely supporter of all Common-wealths and Governments whatsoever. And when I had further con∣sidered, that somewhat, nay I may say, as much as the present extremities will permit, had been done by our Parliament for cor∣rection, and amendment, or total expunging of some ill Laws; and much more indea∣voured, which I doubt not will be ac∣complished in due time. I thought it my duty to cast my mite into this Treasury; and to declare and set forth somethings of our Law worthy of serious considera∣tion, and (if I mistake not) of reformation too.

That which I offer is against some an∣cient practises or proceedings, and against some principles of our Law; And here I know it will be said to me, that Contra ne∣gantem Principia non est disputandum; they are of so high a nature they ought not to be discussed; especially having been ancient re∣ceived uncontrolled Laws in all ages.

To this first I say, that a common error cannot make a Law, no more than custom against reason; there is no building of a Law where reason is not the foundation. And therefore I hope, that if all, or any of those things which I have offered to con∣sideration, shall be found light in that bal∣lance, that they will find no allowance or approbation.

But here some will say to me, as my Lord Cook saith upon the like occasion, Qui ratio∣nem in omnibus quaerit, rationem confundit.

To whom I say, that this may hold well in some things, and in some Arts and sci∣ences; but, under favour, it ought not to be so in Law; Law, if it be just and reason∣able, binds men to obedience and submis∣sion thereunto, but it is unjust and Tyran∣nical, and obliges not to submission, if it be unreasonable; and that Law must needs be suspected to be such, the reason where∣of must not be inquired into.

And Littleton fol. 89. saith, that per ra∣tiones pervenitur ad legitimam rationem, rea∣soning is the way to find out the legall rea∣son: and so likewise it is to discover the un∣justness or opposition of any Law to the common good.

We have one rule in Law, that the pu∣blick good and wel-fare is to be preferred before the private, and certainly that Law that crosses that rule, is a very unjust and unequal Law.

All Laws ought to have this for their Basis, and their onely end and aim, the common good and safety. And that Law is most rational, which looks most that way.

And therefore certainly it is no con∣founding of reason▪ but rather the advance∣ing of it to its perfection, to lay the Law to this line, to put it to this Tryal; whether such or such a Law, be most for the pu∣blick good and wel-fare, or not? if it be, to continue it, if not, to abrogate and null it.

We have another rule, that Interest Rei∣publicae ut sit finis litium. And I am certain, that you will find some of those things, which I have offered to consideration, (that, as it much concerns the Common-wealth, that strifes and controversies be ended, that peace and unity may be pre∣served:)

much tending to that end, and agreeable with that rule. And certainly that Law, which most avoids and provides against contentious Suits, and most indea∣vours the support of peace and quiet in a Common-wealth, is the best and most rea∣sonable Law.

And now to conclude, Reader, I know that by this small work I shall contract the odium and ill will of many of my profes∣sion, who will cast in my Teeth, that this is a bewraying of my own nest; and a sling∣ing dirt into the faces of our great and learned Sages of the Law; or rather into my Mothers face, whose milk I have suckt, and by whom I have been educated, and brought up to some small understanding thereof.

To such I shall say; that none more ho∣nours the Law than my self, which I take in the general, to be as just and as perfect as any humane Law in the World, yet I can∣not Judge it so absolutely perfect, as to have no fault or blemish in it, for that were to attribute absolute and infallible perfe∣ction in judgement to the makers; which we know is not to be found on earth in any humane race. You know what the Apostle saith, the first of the Cor. 13. 9. for we know in part, &c.

And if we know but it part, certainly our actions must needs be full of imperfe∣ction.

And I hope none will judge me to love my Studdy the less, because I desire to keep it clean; Gold is the purer for being refined: And the Tree grows the better for pruning, and cutting off the exuberant and unneces∣sary branches, which suck the sap from the body, and are useless for any thing, but the fire themselves.

If we have any hard and unreasonable branches of Law, it is just to take them away, to lop them off, the body of the Common-wealth will thrive the better; and if that flourish, certainly Lawyers must thrive too, and be in as great reputation as ever. For no living without Law, and no better or more just Law in the generall in the World, than the Municipal Law of England; he approves the use, that labours to take away the abuse.

Nor am I single or alone in this indeavour of mine; some have gone before me, and I doubt not others will follow, in a work of so great consequence, and tending so much to the common good.

But not to hold you too long in an Epistle, where the work is but short, if any not∣withstanding what I have said, shall be of∣fended

with me; it shall not much trouble me▪ for I am resolved to be a friend to the common good, while those men seek their own good onely. I shall say no more but this;

Amicus Plato, Amicus Socrates, sed magis amica Respublica; onely I shall subscribe my self

The faithfull friend and Servant of the Common-wealth of England. J. MARCH.