Page:Landholding in England.djvu/52

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LANDHOLDING IN ENGLAND

creating future interests in lands to be shifted and to pass from one person to another which was unknown to the common law and which gave rise to the complicated system of conveyancing which prevails at the present day" (Digby). The device of uses was applied to copyhold and leasehold lands, and here still more complicated questions arose, as the lawyers invented one new method after another of destroying the effect of each new statute passed to prevent secret conveyance, whether of lands or of leases; until at last the lawyers themselves did not understand the law—to the great increase of litigation, and profit of lawyers.

In such a state of things it was inevitable that great abuses should creep in. Chancery became corrupt. Parliament was always complaining of this court. More than one Chancellor was impeached for bribery. As early as 1382 it was said of the Masters in Chancery that they were "over fatt both in bodie and purse, and over well furred in their benefices, and put the King to very great cost more than needed." They made a regular trade of the cases brought before the court, and took money and presents for speedy judgments. Unnecessary copies of proceedings were thrust on suitors to be paid for very dearly. The officials ignored the orders of Chancellors. Parliament fixed the fees of the Masters, but did not enforce them.[1]

The evils grew with time. "A Rod for the Lawyers"—a pamphlet published in the middle of the seventeenth century—says this of equity proceedings under the Commonwealth:

" And when either party sees he is likely to have the worst by Common Law, then they have the liberty to remove into the Chancery, where a suit commonly depends as long as a buff coat will endure wearing especially if the parties have, as it is said, good stomachs and strong purses; but when their purses grow empty their stomachs fail. Then, when no more corn is like to be brought to the lawyer's mill, it is usual to ordain some men to hear and end the business; but alas! then it is too late; for then prob-
  1. The writ of subpoena is said to have been invented by John de Waltham, Bishop of Salisbury, Master of the Rolls in the time of Richard II.