that he that goes to law, as the proverb is, [516]holds a
wolf by the ears, or as a sheep in a storm runs for shelter to a brier, if
he prosecute his cause he is consumed, if he surcease his suit he loseth
all; [517]what difference? They had wont heretofore, saith Austin, to end
matters, _per communes arbitros_; and so in Switzerland (we are informed by
[518]Simlerus), "they had some common arbitrators or daysmen in every town,
that made a friendly composition betwixt man and man, and he much wonders
at their honest simplicity, that could keep peace so well, and end such
great causes by that means." At [519]Fez in Africa, they have neither
lawyers nor advocates; but if there be any controversies amongst them, both
parties plaintiff and defendant come to their Alfakins or chief judge, "and
at once without any farther appeals or pitiful delays, the cause is heard
and ended." Our forefathers, as [520]a worthy chorographer of ours
observes, had wont _pauculis cruculis aureis_, with a few golden crosses,
and lines in verse, make all conveyances, assurances. And such was the
candour and integrity of succeeding ages, that a deed (as I have oft seen)
to convey a whole manor, was _implicite_ contained in some twenty lines or
thereabouts; like that scede or _Sytala Laconica_, so much renowned of old
in all contracts, which [521]Tully so earnestly commends to Atticus,
Plutarch in his Lysander, Aristotle _polit._: Thucydides, _lib. 1_,
[522]Diodorus and Suidus approve and magnify, for that laconic brevity in
this kind; and well they might, for, according to [523]Tertullian, _certa
sunt paucis_, there is much more certainty in fewer words. And so was it of
old throughout: but now many skins of parchment will scarce serve turn; he
that buys and sells a house, must have a house full of writings, there be
so many circumstances, so many words, such tautological repetitions of all
particulars (to avoid cavillation they say); but we find by our woeful
experience, that to subtle wits it is a cause of much more contention and
variance, and scarce any conveyance so accurately penned by one, which
another will not find a crack in, or cavil at; if any one word be
misplaced, any little error, all is disannulled. That which is a law today,
is none tomorrow; that which is sound in one man's opinion, is most faulty
to another; that in conclusion, here is nothing amongst us but contention
and confusion, we bandy one against another. And that which long